The New York herald., 1870-06-01
COURT Of GENERAL SESSIONS.
A First Ward Politician Receives Judgment
for Assaulting a Female-Remnrks OF the
Court on Passing Sentence.

Before Recorder Hackett.
The People Us. Stephen AcGrah-The defendant,
who was convicted OF assault and battery upon Miss
Matte Aore, was yesterday brought up for sentence
Recorder Hackett, in passing Judgment, saId:--
The complainant in this case, of her own accord,
first preferred the charge against the prisoner. She
made it believing It was just. She then acted Of
her own free Will. Her complaint caused the arrest
OF the prisoner. If her first story was true he
attempting an outrage. ,,an. amounting to to prac,
rape. He was accordingly arrested, and both
complainant and prisoner attended before the
OF persuasion or threats or both and certainly OF
reward OF money, she withdrew her complaint. The
outrage whether great or small, did not lapse into
mere private case between the parties, but by
OF public report acquired publicity. The public
mind became alive to these conslderations:-l That
a woman made complaint. 2 That It caused an
g. rhat the magistrate allowed 1t to be with
drawn. 4. That money was paid and improperly,
10 accomplish q condOnement or the offence. The
question OF immunity became theme necessarily
with the prisoners associates The question of ex-
ample became discussed In the community. Public
authorities deemed It advisable to prosecute.
Grand Jury heard the woman's story. She was alone
win that tribunal where she might speak freely and
Voluntarily and without compulson. She must
have spoken or the Grand Jury would not have
indicted. They did, however. indlct which was the
voice OF Twelve men. il she did tell her story
OF compensation then nding her story OF
compensation, they indicted. which Is view still
8 ronger Tor the people You, McGrath, We're
arraigned upon the Indictment thus found. Upon
the trial, and without evidence given in Your be.
what do you offer In mitigation OF sentence Not
evidence Of previous good character-and your omis
soa in this respect must be taken against you-but
you endeav0r to show that the complainant was at
the time Of the commission Of your Oi1ence prosti
tate and, further you show that the magistrate dis
missed the charge, with the cemplainants consent
So much ior the relation of parties TO
one another: how do they stand before the
publcY To condone this offence from the oench
Will be:-flrst, to give premium TO crime; second
to give immunity 10 q bad man; third, to SCI
bad eXamp lie to bis associates; fourth, to convert
frNfn
the law allows settlements 1t coEtempates intel-
gent discretion. The magistrate must consent, and,
consent being necessary, denial Is proper and dis
creionary 1t seems then, prior, that even when
parties consent In such cases that magistrate may
deny Hence the law cOntempates Cases in which
the magistrate may protect the public, and even the
weak and unwary private party against tie public
consequences or the private lsnciency OF the set
Wement The more abandoned woman Is the
greater the crime twhen confessed) of assaulting
her. Her very bad character renders her
character. Her had character invites outrage be-
cause defendant can meanly and cowardly in
trench himself behind that q lever against her
yery credibility The worse q woman is tie weaker
she in the eye Of the law and the more TO be pro.
tected. Her very loss Of sef,respect and sense OF
degradation perhaps may make her amenable to
cheap purchases OF prosecution. Under all the cir
cumstances Of this case do not feel justified In
imposing the severest penalty OF the law, which
provides unishment OF year In the Penitentary
and the imposition OF a fine OF $3.50 Tor the oHence
of which you stand convicted, but my convictions OF
duty require sentence you to six months i'm.
prsonment In the Penfenfiary.
LARCENIES AND BuBGIARIES
Edward Tucker pleaded guilty to an attempt at
y, and larceny. On the 18th of May he attempted to
sa $500 worth Of property from the house Of Ellen
MICA leer.
w, liam Degnan was convicted OF an attempt at
bnr1 ,ry the first degree. having been detected in
atta7ny ting to enter the house Of Henry Beer IN
Eiphty., irs street, the night OF the 18th or May
Jnhn IA, ison pleaded. guilty TO an attempt at bur-
,ylarv in n third degree On the 10th OF May the
nyisner -, tered the premises OF Robert j. Gibett
No al2 Fur tn avenue; but he did not succeed In OBJ
Thess prsol ers were sent each to the State Prison
sor t,vo Years a I'd six months.
~ rbare. n TN, 1mas was convicted OF grand larceny
,r sfa,iin1 boy OF lace collars from little errand
nov M IN ROADWAY and was sent TO the State Prison
~ y ,hraa ~ YEAS and stx months George Williamson
U ~, CHARGED W, tn stealing twenty-seYe dollars'
ynrtn Of nroosrtv fro Frank Weber, pleaded guilty
moae VI ,cany and sent to the Penentiary for
~ He wasalso sentenced to the State Prison
for two years and SIX ~ Nf " opeiiueu
Tse following is the ca. endar for to.day;-Thc
People VS.. James Marion, inoiiiaS @ 5 maitSn' John
Marion Frank Nelson. Mic 1ael ~, parrSg9, nag henry
Seamore and Thomas Casey, bu- 'g MY oa,e W:
Lawrence Wild and Patrick DalS @ iesoou1 iM assi M
aud battery; The same vs. Lh Oie & ~ S,,rl Ha,3
false preien es; The Same VS.. Jal es @ IN Is n, &
Hart and Christian Studer grand lart y , IN S1'e M
VS.. john Williams, larceny from the ~ en-, ' s
Same VS. John Dickel grand larceny; my sumo o
vii lam MessicG iaisc pTetences,