The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-13

Trial and Conviction at the
Special Sessions.
Judge bowling Gives Them a Lecture and a
Sentence for Full Term-A Caution
to Emlgrant Swindlcrs.


practised on the poor emlgrant prior to tho estab-
llshment Of Castle Garden have been done away
with there are still numberless ways in which the
forlorn and bewildereA stranger landing on these
shores Is 1ieeced without mercy, and which have
banIed the ingenuity sf the Commissioners OF Emf
gratisn to detect and put stop TO. One OF these
modes, rather novel in ITS way, was revealed few
days since, the swnders caught IN the net by ofeer
Kclealy and yesterday placed trial at the Court
or Special Sessions before Justice bowling. the
case was tnat Of John Peck and william II. Ballard,
charged with swindling Alexander IL. Filing out of
small amount OF money. Filing is an English
man, and landed here on the 9th OF the current
month. A few days subsequently he started with q
number Of others who were
BOUND FOR THE WEST.
The court room was thronged with persons who
were all, way or the other, interested In the pro-
ceedings which We're csnuctcd by Assistant District
Attorney Agernon S. Sullivan for the prosecution.
Filing was the first witness called. and deposed
a. foilows:--He landed here on the 6tn Inst. with
ONLY FEW DOLLARS
IN his pocket; he was going to st. Louis, and
waited his departure thence a few days
at Castle Garden; when prepared TO stars
he and number OF other passengers
were taken to the Hudson River Railroad depot, on
Hudson street, where they were put into an emf
4
Whirling along towards Albany; they mad only gone
short distance, however when Peck and Ballard
entered the car Peck carried lantern aud was pre-
coded BY Ballard;
THEY CALLED FOR TICKETS;
but when they came to him (witness) they de-
manded two dollars; witness asked what il was for,
and was informed 1t was fer having extra baggage;
he at first refused TO pay, but as PECK threatened
he persisted IN refusing that ne would Tear up MS
tickets he yielded and gave the money demanded;
others in the car were v.ctlInizcd In exactly The
same lashion.
Detectives Keneally ard Froude corroporated Ell
Mr.. Cornelius II. Van Ness, one of the oficals OF
the hudson River line, tested That the tckes held
by the emigrants were take them right through to
WITHOUT ANY EXTRA CHARGE
for baggage or augnt else.
Thls closed the case Tor the prosecution. Peck
was then placed on lhe stand by his counsel and
testified on his own behalf, in bungling KIND OF
stated he thought he was entirely Justined, and
had returned the same TO the agent OF the line
Counsellor Ballard made very Gogent Argument
on the ground THAI ne had simply acted from
INSTRUCTIONS FROM PECK.
and was not aware that he was doing anything
wrong. The motion was denied Counsel for Peck
made a similar motion, with q like result.
Nj. Sullivan. for the people. then made few ap-
proprlatc remarEs dwelling upon tile magnitude 10
which frauds OF the description They had Just inves-
tgated and made 50 clear and palpasle had reached
ana The necessity Of melting out
EXEMPLARY PUNISHMENT
to the perpetrators thereof.
.Jnstlce bowling, who spoke with evident feeling,
then satd:-"Jshn Peck and William ii. Baiiard,
now ind You guilty Of THIS crime ana VIII proceed 10
sentence you"
"Your Henor, have wife and family, and do not
be hard ON Inc. nave occupied several responsible
positions on the police and in the Fire department,
and have always been thought trustworthy. My
character heretofore has been without reproach. III
your Honor will send me TO the Island my future
prospects will he blasted as my character VIII be
rained. ask your Honor 10 take these iacts into
consideration"
Tie Judge resumed:- You were honored with an
appointment as policeman on the railroad by the
Executive OF this state. You were appointed by the
company to protect the emigrants, and Instead OF
protecting them you associated yourself with per-
son unk nown TO the company, unauthorized by any
authority OF law, 10 go through that car and be-
come youI collector N making .n9se demands ea upon
1t under tho pretence that they occupied a
seat with their ns ss
were occupied ~ the passengers; so that
dsproves the theory of the defence that the charge
baggage had been on the seat: 1t did not come
wltnin the amount allowed by the company TO be
carried by the ticket holder II there is q class OF
persons who are entitled to protection II is the emil
grants. They come here friendless. homeless, and
sometimes pennlless. We find them trudgng around
until the commissioners Of Emigration adopted
rues and regulations Tor their protection. have
seen them going from one station house to another
with their little children, but all that has been
done away with / tnluk II there Is man
on earth that is to be despised ii is ne
whe premeditates a crime like this upon these
poor people Tnefe Is HOtnlnX TO miClEato
his punishment. | think that in the place which l
am going to send you il your CRIME IL known do
not believe that there Will be one there base enough
to speak to you or sanction 1t. There thief on
the Five Points fifteen years ago who managed to
steal only such an amount at tune as to send nam
to the Penitenuary. He disked to go to the State
Prison. once, however, he stole saddle OF mutton,
and sent to the State Prison, and there was not
a man mean enough to speak TO him, and hope
such will be the case with you. hope you VIII meet
with very cool reception. think 1t Is the basest
act you can be guilty OF. Peck, viii send you to
the Penitentiary for six months and fine you fifty
dollars and you must stand committed until the
fine is paid. Ballard, j will send you for three
months 10 the same institution.