The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-20
SIMMONS SENTENCED.

SIMMONS SENTENCED.
Further Appeal for the Clcmency OF the
COurt-He is Sentenced to Three Years
and Six Months IN state Prison.
At the opening OF the Court Of Oyer and Ter
miner yesterday Judge Brady on the Bench, the
court room crowded with the friends of John
II. Simmons and the usual complement Of curious,
but wen dressed idlers, TO hear the sentence to be
passed upon him. in accordance with the verdict
ei the jury finding him guilty OF mansiaughter in
Sne third degree for killing Nicholas W. Duryea
Simmons, who still maintain the same placidly
cool demeanor characterized him throughout
The trial. was accompanied by his three brothers;
but his wife and daughter who doubtless wished
10 be spared the trying ordeal Of seeing him SEN
fenced, we're not present
PLEA FOR JENIENCY.
After Mr.. Sparks, the Clerk, had put the usual
hterrogations to Simmons as to his age, which he
gave as forty-seven, and to his having learned
any mechanical trade. which he said he had not,
Mr.. Fellows, one OF his counsel, made most
urgent plea for the eniency or The Court. He pro-
ceeded 10 comment on the evidence, which ne
argued established that the deceased had been
pursuing the prisoner with threats, that the de-
ceased called at prisoners ONCE and was holding
. mysterious interview with one Of mis- clerks,
that the prisoner had right to demand his bust
ness and that the assault outside was commenced
by the deceased. He also commented on the fact
that the two witnesses-Dawson and Striker
locked up in the House OF Detention by the District
Attorney, were not called by the prosecution.
The only other witness who could tell the
events preceding the struggle was the prisoner
and he was not sworn, for good reason. He would
have been subject to the fierce ordeal Of cross
examination by the District Attorney to what
took place during that deadly struggle when he
lay stunned and dazed IN the grasp Of his enemy.
He never yet undertook 10. tell it to his counsel,
and he could not tell 1t, and his answers might
place him in an unfavorable light before the jury.
The breaking CT or the top OF the dagger sheath
would snow that the blade was drawn when in q
tight place-that ID TO say, when the prisoner lay
the Jury on the trial both found the prisoner to be
no murderer, but that he struck in tie heat OF
passion, counsel asked that the Court, in passing
sentence, take into consideration his previous
good character, the character Tor turbulence given
TO the deceased, and the element or lear which
entered into the act OF the prisoner. and which
prompted him to draw the weapon.
FEW WORDS OVER THE LAST WORD.
District Attorney Phelps-I desire
Mr.. John Graham rising quickly to his feeD-
No one has riRnt 20 speak now. The case Is
most inhuman scene-a pubic ADDRESS rom the
counsel for the prosecution. No counsel, except
the prisoners, had . right to address the Court
alter arrangement. protest, as q criminal lawyer
and in the name OF humanity. The scene il closed
when the prisoner is drawn to the bar for arraign-
anything to say ne should have SAID 1t before ar
raignment
ment OF any such rule, especially where counsel
Tor the prosecution presents an appeal in the ma
ture of an argument.
Mr.. Graham-We have The last word. When the
prisoner Is arragned 1t Is for him. II he can speak,
or lor ms counsel and no person else has right
precedent. wish to have my protest recorded. l
saw the finger OF defiance and ridicue directed at
Mr.. Tweed by paid counsel and merely for the
purpose or being reported IN the
Mr. Phelps-But you were silent on that occasion.
Mr.. Granam--Because was In contempt then,
and | did dare TO speak for was AFRAID
another would be put on me- Uaughter)
had Us 'hen pt'oseaea 70 say shat the PITS
The jury found the killing to be unjustifable and
the mans life could be taken without excuse, and
lated sancuty OF human life demanded.
AS to the witness striker, Mr.. Phelps said he be-
him since the inquest The witness Dawson was
not produced, his evidence being only useful in re-
buttal, and II happened not TO be required.
PASSING THE SENTENCE.
Judge Brady proceeded to pass sentence, as fol-
In this the onlv reliable Judgments tn can be pro-.
nSunssd are those Of the engaged IN the inquiry
charged in tie Indictment those who We're Interested
d ms s ~ b Guarding the rgh Of
habit Of me american community % express Opinions
The fact ees
s custom . more b, in breach
pressed about this case; many SpnlGR. dea6,ess,
viii De expressed ABOUT It, OUT the only
liable opinions those OF the persons who are
Immediately engaged In the Investigation rendered
necessary BY the laws Of the land have reelected
this since its conclusion; have reflected abou
with reference to the sentence which II becomes duty
TO pronounce TITS habit Of mine 70 reflect upon
the degree Of punishment with which crimes should be
visited have not only done It 10 this case, but nave
convictions before me- and II Is practice intend
continue as long | sit here Wherever discretion
vested IN the Court and la this In similar cases,
,there d. discretion vested by the Legislature
~ the court mat must be presumed to rest upon the
circumstances which may be revealed In II, which
spring out o. the case ITSELF in the punishment OF the
eIiny Ior which the person be convicted We have
NOT leaIneo precisely the origin the which
nrose oeWeen the prisoner and the deceased but the
yuave 'aAeH ibo CONSIDER alton all the circumstances
e Jury nave ever seen gathered together in
capAi have dete that murder was not
perperaNd, ana That there for the
nomleioe All me theories that could be pre-
sensea on penai OF the prisoner presented
WIN great ability by his counsel of whose Devotion
am witness But that jury have Determined mai the
killing was unnecessary, that there was no iust AZ
for the act and they have said tbat n was
done In the heat Of passion. There two 10 he
accomplished by the punishment which is to be Visited
the punishment IN reference TO the society whose avs
he has violated and also example deterring others
under similar circumstances from doing what no Ala
anu ior which he was arraigned and convicted In
my 4, Judgment the punishment tor mansiaugb,er
~ n the tnird DEGREE light ! think the Eesis.
regarded the lnarmity OF human nature rather
tnen Inc value OF HE when they vested disc
Judge 70 punish rom two 20 four In this case 4
seems the prisoner was Injured In the ARRAY 1t was an
1t begun by the deceased but II ended in m
a TOR the