The New York herald., 1870-03-29
A Ao70RIOUS EMIGRAHf SwIEDLER.
Just and Heavy Sentence An Operator Sent to
Sing Sing for Five Years-Jndge Bed.
ford's Remarks ON Sentencing the
Defendant Mcdonald.

The session OF the Court of General Sessions yes
terday, Judge Bedford presiding was almost wholly
occupied IN the trial OF Patrick Mcdonald. an emf
grant ticket agent dong business ut 4g3 Washing
ton Street. The defendant was charged with having,
IN the usnal manner, oy false draft defrauded one
Joseph Boutrck Of 1900 under the following cir
cunissances-fhe complainant and friend. named
FRANCOIS Thiebault both French Canadlansl ar
rived la thls city on the 2sth OF February from San
Francisco, having spent four years IN California.
They went 70 the passenger ticket Office OF McDon-
ala, at 4es Washington street, and wished TO pur-
cnase railroad tickets for Montreal. White IN
the oilce the Frenchmau produced a
graft for S25o0 and Mcdonald stated that he would
endeavor 10 get II cashed and that II would cost
him cent, and accompanied tue Erelchmaa to the
ONCE al whicn u was maze payable anu 10 a Dank,
where they refused to cash It, Then Tie defendanC
endorsed II and had a broker casa IT, the accused
agreeing TO meet The Frencmnan at three O'Clock.
IL appeais IN the meantime the Canadians Decnne
SUSPICIOUS ana had McDonald arrested. tne defend
ant gave fuii statement OF tho casa ana said lnat
ne procured goldLor the dra! and waited, according
10 appOintment FOR the complainant, wBo failed 10
appear. An ofcer arrested hiIn near hls ollce and
$1,000 OF the gold com was found upon his person,
he having eit the balance IN has sale.
Assistant Dlstrlct Attorney Fellows cross examined
Mcdonald WHO admitted that ne was arrested seye-
RAJ times on simiar charges, aud that he would nave
accepted $1,000 Tor casaing the draft Tor the COM
p.ainant could not nave procured the money unless
nc had endorsed u: Tho Complainant agreed TO pay
MIN Tor his trouble; but no special amount was
agreed upon.
Mr. Howe resorted TO every legal techucaity to
secure the acquittai OF his client and presented
several law points Tor the consideration ol the court
and lorcloiy addressed the jury.
Mr.. Fellows made an clyqueat speech In behalf OF
the pIOSecntiOn ana showed up efectuaily the
neiarIous operations OF certain ticket agents WHO
swlndled poor emlgrant3 out OF tleir money.
JUDGE BEDFORD'S CHARGE 10 THE JURY
Judge Bedford in charging The Jury. gave lncid
statement OF the acts and instructed the jury that IL
they found IRON the evidence thaL Mcdonald con-
ceved tic fe. e.oaous intent 10 steal the draft at the
time he received 1t, ana tnat Subsequent TO beng
caSled he wropgfully withheld the money and cor
verted II To MS own use lie was guilty oi larceny II
ne formed tue guilty Intent subsequent 10 the rccep
uou oi inc draft he was guilty o. breach oil trust
THE yERDlCT--M'DONALp's ANrEORDESrs.
The Jury promptly rendered verdict OF guilty,
anu .dr. Fellows moved for sentence. lie sald that
ne fet II ms duty call his Honors attention
TACT tnat lnere We're almost numberles5 Indictments
against Mcdonald In The District Attorneys Office
but the authorities had been unable TO prosecute
cases against hIn, because there was want OF
deiern'naton or lack OF disposition on the part OF
the DIstrlct Attorney, but because the complaining
witnesses were never forthcoming BY sone ny Ste
rious method they were spirited away.
APPLICATION FOR PoSrPOSEhENT
MP Howe asked Tor postponement OF ,ne sentence
on the ground tnat there were certaiu intrira,e
questions OF law which would have TO be passed
upon by higher court
SENTENCED.
Judge Bedford SAID he would dispose or the case
at that time. In sentencing the prisoner his Honor
said:--
Mcdonald you have been for years in this CITY,
ana You nave lived. thriyed and prospered III SWIM
dilng poof, Ignorant but honest class or our com
niinitJ. As you are a Professional swuder THINK
you deserve the highest penalty OF the law which
hard aoor at Sln1 sing FOR i've years.
ms Is In some respects tue most important con.
time because IT IS alleged Mcdonald the most
notorious 0ullxrant sWIndler In New York,