The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-21
Jon for the full term under the plea, which IL nvs
years In the State Prison.u

ycu for me fnll term under the plea which is vs
FIENDisH OUTRAGE UPON A CHILD.
Inc wno,e OF the session OF the Court was occupied
In the tral OF young man named Charles Barben
rage upon Margaret Deiany, a prepossessing Iiirle
gIrl, I'VE years OF age. The outrage was Committed
August
Counsel for the defence admitted the act, but set
mp the plea OF insanity, which he attempted TO prove
by several Witnesses all OF whom testide1 that five
years ago the accused was struck on the head with
brick Inc apoihecary VINO atessen .mS wonnd
the injury than before IT, while other Witnesses Tor
the defence stated that The youth acted ia silly
manner and said foolish things.
The defence OF insanity speedily fell TO the ground
when District Attorney. Fellows called DR.. Nealis
the physician OF the City Prison, who was deputed
by the Court last Saturday to make an examination
OF the prisoner with view OF ascertalning whether
a. was claimed by IA; counsel ne was insane; me
be perfectly RATIONAL and gave him connectc0
statement of the occurrence, affirming Lat me
child consented TO tho act he performed. Whe the
physician was conyersing with him the prisoner dId
not perform any OF the silly gestures or Hottie laugh
winch he manifested during the trial. The keeper
or the cell IN wEicn the prisoner confined also
testified that during the five days Of his ncarcera-
ton ne acted Just "a nationally az other prisoners
A1tert tie summing up Judge Bedford delivered 9
clear and impartial charge, az the cone usipn OF
when me Jary, without moments besitations
rendered verdict OF guilty
Judge BEDl0Rr, III passing serterce spoke as fol.
lows:-"baibender, you sand convicted OF u fearful
crime-to ms MUD the darkest upon the long ana
black catalogue OF oleaces. Yoa have violated the
person o! Harmless deenceless little child, but fve
wears oil age Her simple story l.; ieplete with las
tardy wckeiness. Al Eer ten Ter age she Fortunate
~ blissiu III her ignorance, Tor, happily, she knows
not the magnitude OF tie wrong which mas been I'M
posed upon her. The details OF your infamous
crime are overpowering-they take deep hold OF
my heart. During the four years that was one OF
the prosecuting officers OF this county tired ana
convicted three monsters In human shape ior TINS
same crime, and each one was sent 10 the Siate
Prison Tor the term OF twenty years FOR the future
protection OF these Innocent little children, as O
safeguard TO society, ana In order tnat they
ana the wicked and In the sincere hope OF
warding OF from mothers heart many moment
OF deep and bitter anguish, shall use all my In
fluencc With the next Legislature TO nave passed
IA little girl under the age Of ten SHALL on conviction,
suffer the death penalty, for the reason tat the VII
lam who perpctrate sucl an acc Is no longer nt
10 live and associate with his fellow beings. You
years In the state Prison.
A lew moments after the prisoner was removed
the City Judge said 10 the jury:-"iu Is always
satisfaction ana y pleasure to know that we nave
arrived ut truthful solution OF every case. DE-
sire to repeat the very language which tins young
vagabOnd used as sooa as he was put back IN the
box, as 1t was reported to me by Captain McClOs-
key He said:By God tried to play 1t, but iailed
but the next time will play it even strOnger'n
IL IS not probable however that this young villain
will have another opportunity III MS lifetime to
fegn insanity; for any efforts TO commute the severe
sentence VIII not be likely to succeed when the
details OF the crime are revealed TO the Executive OF
the State.
Patrick MahOney was charged with stabb1g Petcf
Kelly In tue arm with DayOnet IN the passageway
OF u tenement house knOwn as ''Burke's Barracxs'
but the testimony was 80 conflicting showing that
1t was regular Denny brook fair nght between the
men and their wives that the jury rendered YER
QCI OF not guilty,