, 1873-12-13
Failure Of a Hotel Company to Pay Its
Notes Not an Act Of
Bankruptcy.

THE BENTENCE OF DONALD Di'EAY.

Btnto, 30 tha,, Ia his decision, ho was obliged
10 rely upon gonoral principles, not having any
decision upon tho statute to guido linn.
"1'ho statute" eall tho Judge. cnumeratoB
several d1oront crimes. the first boing tho ONO
which Mckay waa convicted Of. It declares
that II my porson shall falsely mako, forge.
Or counterfeit any naturalization paper,
oath, otc., lo shall be deemed guilty
of felony, and tho penalty is nxod at
from QUO to five yoatB tn the ren[tontinry. III
nearly ali tho other cases under tho statuci 1t Is
necessary that criminal 1ntent should DO
nrorrod. Tho statute ySas oyidontly framed to
oovor evory conceivable violation Of tho natura-
ization 1asy Tho first clause tloe8 not nuke tho
allegation Of criminal intont necessary. Tho
motion WIS made OIL two grounds First. that
the indictment should ainve stated tint tho act
WAS dono for aomo unlawful purpose nnd noxt,
that an unlawful fntnnt was oil essential ingrod-
cut Of tho crime. This Is truc gonorally, but 1t
Ia not true tint 1t nhou1 DO stated separately III
all cases. Wharton, in his work Oh criminal
1aw, lays down tho rnlo that the intont is1uot
necessary wl,ero tho stntuto doea not roqulro it,
1t Ia enough tint tho statute pronounces tic
act illegal. Again, tic same autlsur stalos
that we7o tlo statement Of the Act iteeIf neccs-
nnrily includes knowledge Of tho iilegalty Of
with Which 1t wns done. There Gun, therefore,
undor tho rlllo, 10 no doubt in the plcsont III
it was unlawful? III 6 Mclean Kep.. Uuitod
Statos Y. Thompson, 1t Is said whore tho i'll
lictment describes tito ofrenao III the precise
words Of tho stRtlto, it Ia nnnocossary to nleHo
tho intcut.-it is implied in tho statement of
tho aot, mud bei,2: so described hero, ehau oyer
rule tho notion
Tho District Attorney, Mr.. Gloycr, then asked
to Lavo tho prisoner sentenced. Mr: Moran,
counsel Tor Tho prisoner. Baid he wished to make
= fow remarks. Tho conduct Of tho pris"
eonor, ho thought, and ho atated It on
showed tint his mind vas sonowhat
peculiar not showing anything that would
strange lofoot. lie had careloHsly neglected
several things in tho preparation for trlai Which
ho had been asked to do, and showed groat apatLy.
Mckay WAS q Scotchman, Girnrd also Scotch
man, aud ho thought from tho proof, or rather III
the absence Of proof, md from this cltcnua-
stance, that Mckay did not hayo my n1ercongry
motive, but only wished to show to his eonl-
pnnion, thRt An WAS IN n plnce Of trust nnu lna.
portanco here, and doalred to show wbat he
pDould do. TlliH was tho list caso Of tho hiud,
and he offered these polnts thnt The Judge
might DO as lenient as lo could consistently.
Tho Judge then called up the prisoner and nd
dressed him substantially aB follows;
You have been indicted and found guilty By Jury,
of falsely foglng, tnitatns. anA c'a,eliettine,
Thers arc IN t.e statute largo number Of ocnsov,
differing in grade and chararter mud WHICH woud re-
quire different degrees of pnisbn IT. You ore con,
Victed, tn my Judgment, Of tho .nost serious AMI
grave olense uainou n tho law. Your oenso IL
extensive In ia operst!on more destructive Of the
tie proceedings of Tho cours, thnu a,y other named.
Yours covers Utmost nil tho other oaenses iii tle net.
we're IN officer Of The Court, whoso records wsro
saatdcd. You knaw tls nature of tho crime. YOU
we're not Of wcak iuteect nor Destitute of cu!!iss-
kf0f md In MIL
Iaton Of your crime. You held m onlcia position.
whcro you hal to the seal and papesd Of thu
Judgment rendered iu Court that wore psaaiuod to
Tho appearance and testimony Of rorsus tlero WIG
not thoro and not sworn at all. Your oneuEo Is
rs grave utmost, Us man Tan DO convicted Of iu thIy
country. It u All eIenso against the Court anil So
cety; Had you sltered tho resoFds OF M tue M State
lnposc, nnier thlu statute but i've II The GOV ern
honest expression q he opinions q the cal slactoss
then tho Government farce 1t Is too common to
considered oo lightly: people do not to properly
spprocute the importance OF tho elective franchise
fhsse Remarks ere n,ado to yoa becauas , thought It
aud to society, itat all may understand tho law,
aud hut IN adequate punishment has been imposed
pronounce Vic sentence, which is thhs you be con-
nued In he Penitcnttary ut Jolic at hard labor for
The period Of thres years from to-day at II O'Clock.
IMPORTANT DECISION Dy JUDGE nLoDgETT,
About the 23d Of Koyombor o petition in bauls-
ruptcy was fllod agait!at Gardner & Gould, pro-
prietors Of the Gardner House. The petition al
legos among other things, q suBpo1aion Of tho
firm proper, and salo Of tho firm property. 4
argued yesterday, Il 'yas urged, aud the Judge
decidod tllat lotol-keepor did llot come within
tile torms of the Bankrupt law aB merchant,
manutacturor, or trndos, and that hence it
suspended payment of liH notes for
fourteen days. lis notes were not like those OF
q merchant, commercial paper, within tito noas,-
lug Of the bankrupt act; II he committed fraud
thrown iuto Bankruptcy, but not for aimplo fail
uro to pay lis papor. 1t waH alleged in The poti-
tion TINT. aftor Gardner had cold out. tic tlr1u
had committed an net Of bankruptcy in sollnG
tho Judge hold TINT. ono partner having retire d
nothing that tue other former partner did could
afToet Inn as rcgadB ut act of bankruptcy, tho
joint liabilsty having ceased.
The point is q now ono, one OF tll0se which
arc continually arising, calling for the cool judy
1nent Of M oxPeloncod Judge, but it il an ila-
portaut ono, and will 10 OF interest to many
similarly stuatod.
doopnron IN TROUBLE.
Agnin haa Tho csof Of divorce tllystera come
to griof. tn August, lH73, QUO Goolso W. Luw'
rence filed q Jill in tho superior Court FOL
divorce from l,ia vito, Julia s.. OH sI:o ground o.
adultery, and shifting he did know whore
nlla Wis. Publication was nado. md Of
llo 2Stl, Of October, A. Goodrich, hs solicitor
obtained doe1oo for Luwreuco by dofuuIt
Some tisno aftor Airs. Lawrence hoard OF it, aud
IN accordance with tho statute, nprllod to bavc
thu dccroo opened, mud sllo allowed to mako llol
dofonbe. 1Is was granted.
Jutigo Moore ll:lH been engaged tha past day
or two III trying tho case on bill and allswer
Evidence. was Offered for complainant to shoH
tint tho defendant weut Into hotlhe of i'f-fnmt
on Waltha,n street, in Donton. Defendant
however, proved that nllo wan in another plact
the whole OF tint day; tint complainant can't
l.ore only month buf1ro he tilod 4s bill thu
Hho was living with his cousin at tla'
'timo and t!at hu mllBt have known whcro Hht
was, sluco Bllo almost daily saw hA fatllor. Iht
jury were only out about te1. nliul!toH, aud 10
lurned a yostlict for tic defendant. tnb TO-
yorsing the ox rare dccrca Goodrich llad OBJ
tanel. 1t waH Only about two months ago TIL
TRIBUNE reported u similar cneo Of a1uyorsal q
decree Ubtanel BY lin by default.
ItEAyY RulT AGAlNsF THE U. =. H. II. co.
1lary Ezabati. hloConuull began aauit against
The Uuuu pacitu Hallway Company ln tlls su'
nrsnlo Court yeslos1uy laying lor damages u
e3O QUO, She stateH Lilat on tle 10Th Of April
lH73, Hhe undertook to ride In a Aocond:olans