The New York herald., 1871-01-08
TIE CRIMINAL CALENDAR.
4 Batch Of CONnterfeitcrs
Sentenced.
A Singular Record Of Crime and It's Punish
ment - Plea of Insanity in the
Case Of Colonel Clarke.

street, presented yesterday scene not often wit
messed therein-the sentencing of number OF par
ties previously convicted OF the crime Of counter.
| feiting the currency Of the United states, pro-
ceedlng which Uncle Sam has great objection to.
There was involved in the judicial proceeding cir
cumstance which may properly be referred to here.
| Some time since-for such political purposes as
| were all satisfactory to the then administrations
new United States district was added to
the then existing jurisdiction or the federal
| courts Of the State, making, In addition
| to the Southern district or New York, an Eastern
| district, comprising Brooklyn Queens ana other
| counties attaching thereto or having admiralty and
other federal relations connected Herewith The
JURISDICTION OF THE JUDGE OF THE EASTERN DIS
| TRICr
became lately a question Of appeal to the pre-
siding Judge OF the circuit, Judge Woodruff I'm the
| absence OF Judge Neson). Judge Benedict. Of the
| Eastern district had tried and sentenced several
offenders in this the S0uthern) district, and one or
| the astute lawyers OF the court objected to the
jurisdiction thus exercised by Judge Benedict IN the
| matter The result was, in the first instance,
1 appeal to Judge Woodruff and his overrung the
| objection, and next the interval which has trans
pred between the day Of trial and conviction OF the
parties named below and their sentences yesterday.
The rghtiul jurisdiction OF Judge Benedict to hold
court IN the Southern District was upheld. and yes
terday the men tried before him during the November
term last and convicted were brought up for sem
| tence
| THE COURT ROOM.
| Rarely In the United States Circuit Court was
| there such large crowd of prisoners awaiting their
passports TO the Pententiary. Tnerc were boys and
old men; soldiers who had served their country
well, and in their declining days found themselves
standing at the bar Of justice convicted felons.
1t was pitiable to in that crowd an aged officer
who had led regiment during the war, and it was
equally piable TO listen to the murmurings Of one
who having served his country Wen. fell into temp
tati0n, uansRresseo MS country'S laws ana had 10
| THE CASE OF COLONEL CLARKE
was the absorbing case of the day. The prisoner,
tall military looking man. OF middle are, but with
BRIGHT piercing eye and full, gray mustache, was
aaa 1d sae Of copner g and ns
! counterfeit revenue stamps The greatest eXertons
were made by influential friends TO shield him
| from the punishment awaiting him should he be
found guilty and since then In warding
of that punishment 1t was in his behalf that cOun
sci objected to the jurisdiction OF The court referred
| TO above, and which overruled. All the iacts
connected with the case appeared in the HERALD at
the time of his arrest. and On his trial yesterday he
did not appear in least affected, but conversed
cheeriully with one Of his iellsw prisoners during
occurred recently which went to show that the pris
| Oner
WAS OUT OF HIS MIND.
| He had said things the detectives which he had
never mentioned TO his counsel. and which he after
wards contradcted lie had also written letters to
| the detectives in which he had made the mo t
traordinary admissions. UP to late period of MS
life he had been much respected, but unfortunately,
HABIrs OF INrEMpERAScE
The counsel would not say on his own responsible
| ity that Colonel Clarke not right in his mind
but he felt an Investigation ought to be made INTO
his condition. He mad attacks OF epilepsy while
In prison and had commune 2ted with Colonel
Whitly without the KNOWLEDGE Of mis- counsel. FOR
these reasons counsel moved that a jury OF physi-
clans be appointed TO investigate the case. District
Attorney Davis Jacitiy acknowledged, by not giving
his admissions In evidence, that there was
in the case The Judge said that the application was
| most unusual sne, but he would, he added, take
| the sentence until next Saturday. In the meantime
he would choose oat three pny seians to inquire INTO
his state OF mind, but the prisoner must MAKE some
provision to deiray the expenses OF this
| MEDICAL JURY.
Counsel, in asking II the physicians would be al
lowed 10 hear the evidence of Others said tnat the
prisoner had to be held @ down In his led by other
| physicians to take their own course
| ANOTHER MAD C0UN1ERFEITER.
| James Fitzpatrick wild looking fellow, who was
| evidently an idiot was then brought up to receive
sentence for passing counterfeit bili. He inter-
rupted his counsel and the Judge at every word,
| and II was most ptable to behold the looks OF
agonized appeal which he cast from time to time on
the District Attorney. His whole behavior indicated
| that he was berelt OF his senses. The Judge, how
ever stated that his attention had been called TO
| the case by the District Attorney who had informed
him mat a medical examination had been made into
| the mans condition. Notwithstanding this exami-
nation the District Attorney still called for sentence
and he felt bound. therefore. to sentence HIM to
three years in the Kings County Peniteniary, witha
| nominal fine.
| SENTENCED.
| Peter McCusky, intelligent looking lad, was
sentenced TO four years, and William Johnson. who
received an excellent character TO twelve months
in the county jail David Brownly, the beau ideal
OF q Southerner, was sentenced TO Two years in the
| Queens County penitentary. In the case of the
Russian Alexis Nicholas the counsel for the pr-
| soner moved for new trial, and the Judge sus
pended sentence until saturday As the court closed
the poor IDIOT was heard to shout that he had been
| to the WarS'
John Bowden. for passing counterfeit money. was
sentenced to eight years in the County Peniten
tary, with fine OF one dollar. On hearing his
sentence the tears welled up into Johns eyes, and
he no doubt, mentally cursed the day he ever had
anything 10 do with the queer
Mcnael Monahan was the next called up for sem
tence. Judge cenedicJ remarked that the prisoner
| known the enormty Of the offence which he mad
comihit.ed For these reasons, he said, he would
pass on him
| HEAVY SENTENCE
namely, five years IN the Queens County Peniten-
| ttary. with fine OF one dollar.
/ William Dwyer a handsome young fellow, next
appeared IN public. The District Attorney said that
| he had been informed that this'prisoner was only
| the utterer of the base money which Monahan, the
! person just sentenced. had supplied. The Judge,
In consideration OF his not being principal in these
nefarious transactions, passed him the mItigated
sentence OF four years hard labor in the Kings
County Jail, with fine OF one dollar
William Morton stood In the same position for the
same offence. He had pleaded guilty and saved the
THE EXPENSE OF TRIAL.
| and for these reasons Judge Benedict sentenced him
to four years hard labor In the Kings County Peni-
tentiary, with nominal fine. James Gardiner, q re-
spectacle looking, well dressed man, then nervously
! be extremely excited throughout the proceedings
and 1t was with evident relief that he heard the Judge
say he would postpone his sentence until next Sat-
urday
This closed the record, and the Court adjourned.
CRIME IN BROOKLYN