The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-09

NEW j
smisssIies have been frequently reported foowing
G,ose on his ana il probable that one
the pIocssdinEs. however. with curious interest
N sasyt Srsnnsn anu simply s s ss re
S:1s read fsi sss ,S MAJ
ssans. Genet ana Valentine court SissT
b. to the ana Ss nd
custody, don't wish to have anything DO with him
name one standing s arnsy o. as sas
Who represents the sSerins' He answered, i DO"
the eO~ns day s' the s
sna s s s
was publicly known he had spent Gs psessans ns1
Srnsy a.. he called e Of
se5 % hs 'sst snf
Mr. gurrlh read other aaidsyits and also the letter
4 SsSS
ns n ne Ssss moi drssssS . he
ted % the Custody q The warden q the City
also argued that once prisoner convicted the shsr
dsn length the the is he ns
and Penitenary, to show that bon were entirely
cepsed from the sheras charge and claimed that ths
eases was to remove them the state Prisons after
warden and sher that had given rise to the rather
anSms9as P5ssse of committing prisoner to the Gus
Phelps to svSa question in The
sheris officers and that they brought the prisoners
from the Iomhs on the prison list and returned them to
Judge Daniels having to into the General Term the
arther argument was here adjourned to hapast three
RssuxlNG THE ARGUMENT
seat M
to The execution Of the 50 called com%Itment It was
e The
n
the eseeuhon Of the warrant d he did so
resent bind ths sGsrie g&asT The lsws
custody or control Of criminals until afer Judgment
and such the duty respect to them restricted
city Of Sheriff p5 ad not
Which
the several Courts were appon,ed BY The Court, and
even III the shera was
y@ as Of ne ns hi % & City
Prison As he was not CHARGED with executing the COM
when IN charge
object 70 50 take HIM, paper would have to be
wen Scs5 Ss
IN the City Pson because hsd i not been understood
that placing him IN charge OF the sherif was TOR
there would have been disc The subject
insisted that from the facts set forth was Clear that
me sheriff had mot been s OF amy and
sherid had legal custody control q The prisoner
Mo S e s o MS IN DIS aS
impugned AS to Mr. shields he Insisted that the same
The papers not Show hs amy any Wiha
though against the latter he believed proceedings
had thus TAR been taken
of q in asIs 5s 81 s
had been except IN haosas eorIs cases. to ps
bound under ssmmtnens deliver prisossr 70
STnea By letter from ne District Attorneys once
made the but 1 sh
the risk to produce him in Court which they failed to
DO n The sn ss9g 5sa no 3se m or
ply with the order OF the Court and he must take the
Mr. BarTii wished the District Attorney to show him
s the Ss ss, ss
ms we'll Fnew that
to shields + was 70 prevent him being taken to the City
Judge Daniels said that Il be had known that this
the he would have them
things he simply stated the fact it existed. When
had not passed the night in the City Prison. - 80
s sns
of Genet that he to comply with the order OF the
Court and hand the prisoner over TO the custody Of the
Warden of the City Prison.
Mr.. Burrill insisted his previous declaration that
1t well known at the time that Genet go
to the City Prison.
Judge Daniels said there essential difference
to the facts in the He then recited the
agreed upon on both sides Coming to the order OF com
pie 1t told the officer having the prisoner in in
Warden Of the City Prison This was the plain man:
disobeyea. eyed, He could not regard it. Otherwise
clear that when he M Shields the letter he had
possible attempt to rescue the prisoner and did not then
that he was himself responsible for the laters safety
eaua! within neglect II was not the intention OF the
pleased such practice subverted the ends of justice
He felt his duty to nict the fullest penalty allowed
by the statute
SENTENCE rMPoSED
and be committed to jail Tor 80 days
SENTENCE EECEIvED.
1t very clear from the outset Of Judge Daniels
remarks that he would visit upon the accused the full
penalty the law and therefore, surprised
except that severer penalty could be imposed for
chatted in his accustomed col dial manner Mr. Shields
evidently taken little aback. He turned pale
first, but rallied and assumed easy, indieren