The New York herald., 1873-10-01
in his bshsll TO which he attributed his escape
from acyere punishment.

in his behalf, TO which he attributed his escape
from severe punishment.
JUD0E BRADY ON UNDERTAKING BANK CLERKs
Succeeding the sentence Of Larkin motion was
made by Mr. Jordan for the reduction OF bail in the
case OF John D. Couse. The accused Is charged
with the embezzlement OF $4,000 from Lawrence
Brothers. brokers, while clerk In their employ.
Ten indictments had been heard against him, and
the bail mad been fixed at $4,000 by Judge Daniels
In Supreme Court, Chambers. Mr.. Jordan made q
nnal appenl on behalf OF the accused. He spoke OF
the Magma Charta, the heart that beats for human
ity In Judge Brady1s bosom and the respectabllity
of the prisoner. He said the money was not ap
piled 10 selfish purposes, but for speculation and
that as the 0nence was one act the bah was cx
cessive.
Assistant District Attorney Russell claimed that
the question had already been decided, the matter
having been passed upon on habeas corpus by
Judge Daniels. At any rate, II was time, he
urged. 10 view OF the equent embezzements and
breaches 0i trust OF aie IN this city, that the pail
should be fixed at snch q sum rs would secure the
punishment OF the offender
Judge Brady said that man who occupies p0-
stlon of trust Is bound to be more than ordinarily
waJchfui, and when he abuses his trust he becomes
the greatest OF all criminals. TO secure his punlsh-
ment, with view 10 prevent q repetition OF such
offences. the bail should be fixed at such amount
as TO insure his personal attendance. The safety
that such offences must be severely dealt WITH and
The greater the responsibility the more sure should
was not too great n this case and therefore denied
the motion for ITS reduction.
II was stated that Lawrence Brothers mad !. eeen
offered return OF the amount enbezzed II they
would not press the charge but that they refused,
saying that they could bettor afIord to lose the
money than to allow tho offence to go unpun5hed.
SENT TO STATE PRISON FOR LIFE.
Next in order was placed at the bar Michael
in having caused the death OF Michael Lunney on
the 10th OF last July. Tho prisoner boarded, with
&C the house .s No 81 rhs arms street. er kspt
pcctcd the prisoner OF too great intimacy with his
wife, and this suspicion was the cs use or frequent
OF the murder Lunney and McKenna had a con-
troversy In which the woman sided with the pris.
@ ended, for the % Time beng BY McKenna leaving the
mouse. After this the woman and deceased
continued the quarrel but rsn. were inter 3nna
blows on the front door. Finally the panel was
kicked IN, and Lunney procee ded to open II and
ascertain the cause OF the dist urbance. No sooner
had lie done so than he was confronted by the
prisoner, VINO fourished rlul looking butcher
INJECTING rigntful wound from the erects OF
which he died. Almost Immediately McKenna at
once fed aud went to the house OF Charles Rooh.
him him. as to the cause lie said that he had 'ripped
the life out Of old Lunney," and subsequently told
ola old Iunnsn M HOVE his Counsel 20 SUCCEEDED il
gettin4 the District Attorney to accept plea Of
man -!sugnter IN the first degree and thus unaues-
must certainly have been forfeited.
Assistant District Attorney Russell insisted that
the case possessed all the elements OF murder, and
urged that the prisoner deserved imprisonment
Mr.. sparks, the Clerk, asked the prisoner II he
had ANYTHING to Say why sentence should not be
passed upon htr.
Mr.. Howe with marked empnasisl Nothing.
McKenna was not to be put down In this way
He said that he first heard Mrs. Lunney yelling tor
the police from the window; that three men en-
panel; that Lunney then rushed upon him with a
knfe and cut him. and that whatever he did was in
selfderence.
Judge Brady, in passing sentence said that il
he acted in self-detencc he should not plead guilty
The fact OF his having entered such plea 10y advice
of counsel was conclusive TO his own mnd that
Mr. Howe doubted his ability TO establish such
do ence. He must under the circumstances, as
sumo the facts stated by the District Attorney 70
be true. Violence was becoming rampant in New
York, and the use Of the knife and pistol had been
a mere pastme. He WAS determined to stop the
reign or rufianisn Tar his power lay, and he
would order that the prisoner be confined In state
Prison, at hard labor, Tor the term Of bis natural
McKenna was then removed. He did not appear
in the least disturbed upon receiving the an
nouncement OF his deem.
THE DELANCEY STREET HOMICIDE.
Closing the business OF the day was the trial OF
Peter Carsell, who had been indicted Tor murder
brother Of Captain Wilson, OF the Police Depart
ment. lie was represented by Mr. howe as coun-
After Ar the Wineses or the prosecution had given
their testimony, which showed that wilson was
drunk and the assailant, Mr.. Howe called the
| occupation house mover and that he had never
been arrested before. On the night OF the 14th Of
| TWENTY-FIVE ieet OF hts house Wilson stepped up to
| him and asked him what he meant by talking to q
woman SO. He had said nothing to the woman, i,
| but probably was mistaken ior another man. VII
| son called him vile names and stepped up toward
| nim when he put out his hand to push him away,
when the deceased lell he did not strike him and
| never saw him before.
Dr. Bergs testified that he was assistant surgeon
at Bellevue Hospital; he was in the Thirteenth pre-
| cnct station house when Wilson was brought In
he him fall back In his chair and nit his head
against tho window sill and then fan to the floor.
OF the prisoner, when the case after long charge
| from the Judge, given TO the jury. The latter
were out but short time. They found the prisoner
| guilty OF mansiaughter In the fourth degree, but
I with strong Recommendation to mercy. The
| Court under this recommendation. and not beliey.
| ing that there was any criminal intent, sentenced
| him 60 ten days in the CITY Prison.
| The Court adjourned sine die, which means till
next Monday, when the october term Will begin