The New York herald., 1873-11-09
UNITED sIAIts CIRCUIT COURT.
Sentencing Prisoners.

Yesterday Judge Benedict sat in the United
States Circuit Court room, at No. 27 Chambers
street, and sentenced some prisoners who had
been convicted during the recent term.
William Spikes, who had been found guilty OF
countericitlng fve.cent nickel pieces, was SEN
fenced to three years. imprisonment at nard lator
in Kings county Penitentiary.
julius Fatten, a respectable looking young man,
who had been convicted of opening letters in the
Post fice, next brought UP. Counsel on be-
hall OF the prisoner made an appeal to the Court
Tor mercy The Assistant District Attorney
pied that the prisoners practice was to take
money out OF letters, but he never took
the whole OF any money contained In any singe
letter tnat nc rifed Tne Judge ii consideration
o. tie prisoners youth and previous good charac-
ter, sentenced hiin to two years Imprisonment at
hard labor III Kings County fenitenuary.
Philip Farrell. convicted OF passing counterfeit
ment at hard iaoor and to pay fine 0 81.
The Case of Edward LanSe-Writ OF
Hnbeas Corpus-The Prisoner Resen-
fenced.
The prisoner. Edward Lange, had been convicted
after trial Of eight days, OF emnezzng maii bags,
the property OF the United States, and sentenced
by Judge Benedict to one years Imprisonment and
the payment OF fine of $780, SUIT OF habeas
corr rs, returnabie yesterday before Judge Bene
diet, had been aken out by the prisoners counsel,
who contend that the sentence was erroneous, in
posed Imprisonment or Gne, and not both fine and
Yesterday when the matter was called up MIR.
Ruius Andrews Mr.. Arnoux aud Mr.. stewart L.
Woodiord appeared Tor the prisoner, and Mr..
Purdy, United States Assistant District Attorney,
Tor the government.
Ihe argument OF counsel Tor the prisoner was
thai there mistake in The sentence Lange
had admitted to his counsel hat 10 never saw a
farer trial. nor had he ever heard more avor-
able charge than that v hich was delivered by the
Judge IN THIS case Counsel claimed that his client
..tn IN n I'm A
had been paid not Tor the purpose OF perpetra,ing
a trick upon the court but in order That an appl-
cation might be grounded Tor an appeal to the
| President for pardon.
Judge Benedict made a ew remarks, stating he
had ho doubt that Il the jury had been charged TO
| fnd separate verdict on different counts they
on several particulars, because the pro5f
on several acts seemed satisfactory to his
| mind. II they found him guilty on different
counts different terms OF Imprisonment might be
imposed on each count. Hc thought that, In
counts Still he knew very well that the Jury
were not requested t. hnd on dierent acts; they
were simply asked To hnd on one TRANSACTION, and
there was a verdict OF guilty on one transaction
because they were not asked TO md on more than
one. IL was clear at the sentence could not in
cludc imprisonment ana fine, ana there ore lie did
not hesitate to modify the sentence The order OF
the Court was that the sentence be vacated and
mens. '4''' 0''' ~ ~ iva '' '-'A
counsel for the prisoner asked that the record of
the sentence be amended upon its ace, that the
fact might he presented, II they could get the case
up on certlorar before another Judge
judge Benedict refused. Tie sentence would re-
main at one years imprisonment. ihe mistake in
the first instance, arose IRON his msarprehension
OF the terms OF the statute, as read by the District
Attorney at the trial.
Counsel or the prisoner claimed that his recol-
lection OF the verdict OF the jury conceded
with that OF the District Attorney upon the same
subject. The verdict was:-.'We find the prisoner
guilty OF appropriatn. to his own use anu con-
venience certain mlil bags, and we nnd the value
oil the same TO be less than f25 /" He hoped the
Court would order the record TO be amended ac-
cordtngly.
Judge Bene lict refused TO amend the record; the
writ OF habeas corpus was dismissed, tne matter
dropped, and the Court adjourned Tor fortnight