The New York herald., 1871-01-22
CONTEMPLATING.
Tho Case Of Colonel Clarke-He IL SEN.
,tenced to Five Years at Hard Labor.


Court on an Indictment charging him with having
peen concerned In the engraving Of plate for the
prlntaug OF fraudulent internal revenue Stamps and
IN the circulation OF the same was brought before
Judge Benedict yesterday morning for sentence. On
Saturday, the l4tn, mention was made to the Court
that there probability that when the prisoner
committed the offence for which he has been FOUND
guilty he labored under arrangement OF his mind.
To ascertain the truth OF this statement the matter
was referred to Two medical men to report
upon the mental condition of the &C.
cused From the subjoned proceedings 1t
Will be seen that these gentlemen have come
to the conclusion that Colonel Clarke is perfectly
sane. The result is that he mas been sentenced to
i've years imprisonment at nard labor In the Albany
Penitentary, though he has already undergone an
imprisonment Of sixteen months
The prisoner, who is very respectable looking
having apparently the manners and bearing Of u
gentleman sat In the place assigned to criminals
He wore an air Of sadness and melancholy. He is
about ftty years OF age; his hair is gray. He was
dressed neatly. 1t was really painful thing to see
such person in 30 degrading position before
court Of justice.
THE MEDICAL REPORT.
Mr.. Purdy-Ir the Court please, l now hold in my
hand the report Of DIR. Meredith Clymer and Dr.
Corey, In which they set forth that after careful
the prisoners sanity. This report having disposed
OF that question, now move the sentence of the
C0nrt upon MIN.
Mr.. Joseph Bell, counsel for she prisoner-I would
state, II your Honor please, before you pass SEN
kence that the reports OF both physicians that
Clarke has been subject to fits Of epilepsy at various
times, and that such fits might affect his mind
II they occurred at the time of the alleged
offence Tor which he has been found guilty;
but nothing upon that point could be furnished be-
cause we cannot tell by whom the prisoner was sur
rounded when he was subject to those fits. Both Of
the physicians expressed that 10 me, one OF them In
wiring. Another thing Is that Mr. Clarke has al
ready suffered an Imprisonment which almost salts
hes the requirements OF Justice. He has been
actually In confinement Tor sixteen months wanting
two or three days, which is almost as long as the
law will allow HIM TO suffer. can call attention to
the effect which c0ninement upon man IN Clarke's
position in lie has been. lie has been surrounded
BY the luxurcs OF lie, and he has been brought up
I'D circle OF society which has refined him, and he
has suffered more in an Imprisonment Of sixteen
months than an ordinary criminal would In
sixteen years. His past character was proved to be
nary offence, and 1t was shown conclusvely by
many gentlemen known to the Court that his char
He has served in the army OF the United States and
won for himself an honorable name there. All
these considerations are proper for the Court In
passing sentence-hs good character, his past SER
vices, his physical condition and the amount Of i'm
prlsOnment he has already suffered.
1ol rn' prisoner Clarke was then brought forward
SENTENCE.
Judge Benedict, addressing Clarke, said:-I do
not need to occupy much time In explaining to
man OF your intelligence the nature Of the Onepce
of which you have been convicted, nor the etec Of
grimes or this class upon the community at large.
obeying all the laws OF the United states, and all
other laws designed for the public good and you
must appreciate as well as any one the Importance
Of Furnishing those guilty OF violating those laws
pei and properly convicted by the Jury. The Court
has no doubt OF the
You have heard read the penalty which the law at
taches to your Onence-that 1t may be, in the dis
cretion OF the Court, extended 70 Q period
or fifteen years. that being the limit Of the
punishment properly applicable to case without
mitigating circumstances have sought in the facts
OF TO what mitigation Of sentence there
could be In determining the punishment I notice
the testimony that was gwen with reference to
character. cannot that In crime OF this class
and magnitude committed by man Of your intelli.
gence, the evidences that heretofore you have borne
good character Is OF particle OF weight such
question. notice the Other fact that you
SERVED IN THE ARMY OF TIE UNITED STATES
during the rebellion. That fact, that would notice
in the case OF common soldier, recognize now In
your behalf-that you were attached TO the army OF
the United States in supporting the government dur
mitigates your punishment from the severest pen
atty or the law. The same government which is now
obligation to you and to oil those who have served
IN the army In Its time OF need lnotice the fact
LONG IMPRISONED;
but that Is, In great degree, owing to yourself,
a8 you could have been tried AT an earlier day. Your
imprisonment has been long; but passing that ]
am now to determine IN how FAR can mitigate your
punishment from the iull period OF fifteen years. !
must also notice the fact that you did not plead
guilty. Being aware OF the circumstances surround
ang your case you put the government to the ex
pense OF trial that involved no question OF fact.
notice. again, the extraordinary evidence that
was produced upon the trial. which showed beyond
doubt that you were endeavorlng to pervert courts
Of justice by
sUBORNING WITNESSES,
and the fact Is proved by your own handwriting and
set out with great dstinctness. In view OF these
circumstances the sentence of the court that you
be imprisoned for five years. at hard labor and that
the sentence be executed in the Albany Penitentiary
THE PRISONER
on hearing the sentence, looked bew1ldered re-
tired from the presence OF the Judge slowly as II
weighing inwardly the sad years OF Imprisonment
which he had drawn upon himself by violation OF
those laws which he had in the face OF the enemy
30 long struggled to maintain.
Another COunteri citing Case.
The case OF Alexis Nicolas the next called on.
Defendant had been found guilty OF having en-
graved or assisted in engraving photographic
plate for the printing Of fractional currency.
MOTION FOR NEW TRIAL.
Mr.. j. Erhardt, counsel for the prisoner made mo-
ti0n on afdavits for trial. on the ground that
ne had now evidence to prove that the photographic
plate was brought completed 70 the prisoners rOOm
and that being soit plain thar the accused should
not be convicted OF engraving the plate. 1t appeared
that Mr. Herring told Nicolas that what he printed
from those plates were tobacco labels and csu.
terleit stamps. ana that would be no offence against
Tha focto