The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31

oorn In Rockand county, and who had pleaded
guilty OF breaking into the Post ONCE OF Piermont
and destroying letters therein, was sentenced to
three years. Imprisonment and to pay fine OF 81,
sentence TO be executed in Kings County Peniten.
tary. This was the second time the prisoner had
law. 49,
James Kelly. who had also pleaded guilty OF bav
Ing taken part In the offence committed by o, Bren
anu VINO, In reply to the Judge. said che had no
particular place to live nu was sentenced to three
years imprisonment and to pay fine OF 81 SEN
lence to be carried into effect In Kings County PEN
itentiary.
Opening and Destroying Letters.
Thomas Mcguire letter carrier, In the employ
m9et o. the Post once, who had pleaded guilty of
opening and destroying letters entrusted to him
to deliver, was next called up for sentence. lie
appeared that when the prisoner committed the
0nence he was In bad state OF intoxicaton, and
liquor saloon He was to 8
Imprisonment and 10 pay fine OF 81.
Smuggling Cigars.
Edward Butler and William Gallagher, who had
pleaded guilty Of smuggling small quantity OF
cigars, were separately sentenced. Addressing
Butler, the Judge said that offences of this kind
were sometimes settled by money compromise,
and the effect OF this was to screen men guilty Of
greater Olfences than those who now stood before
him for sentence. But he must infllct some pun
lshment on the prisoners for engaging in Illicit i'm
pOrtation even though 1t was small, and he hoped
IT. was the last time they would be found engaging
to thirty days Imprisonment.
Counterfefting.
John MOOrehead convicted of cOunterfeiting was
next brought forward. The Judge told him that
this was not his first offence. He had been pre-
viously convicted, but was pardoned. "From all
that have been able to ascertain about your
said the Judge, 81 think the proper course would
be to lnfllct upon you severe punishment. YOu
must be imprisoned seven years at hard labor and
pay fine OF $1.n
some EXPLANATIONS and attempted to hand q
parcel OF papers to the Judge. He laid hold OF the
rail In 'front.' or the bench, and 1t with difficulty
that two OF the officers could pull him away which
they finally succeeded IN doing
The Case of George b. Davis-Ex-Col-
lector Joshua II. Railey-Motion to
Expunge tho Record OF Davis Com
victiOn.
Mr.. Samuel Hrsch, holding bundle OF an davits
In his hand, proceeded to make motion that the
record OF the conviction OF George b. Davis in this
Court In July. 1869, for perjury, be eXpunged, on
the ground that Davis alter having served out o
portion of his sentence, had been pardOned by the
President This pardon, as counsel claimed, re-
stored Davis to all his rights as o citizen, and
wiped out the effect OF his conviction. 1t now ap-
peared that all that George B. Davis had said re-
specting exCOllectOr Joshua r. Bailey was true II
Davis had been convicted by witness of RELIABLE
ity let that witness come forward; let Joshua X.
FUGITIVE FROM JUSTICE,
come back and lace the music.
Judge Benedict (emphatically) -There must be
limit to this. do not ieel bound to sit here to
listen TO an argument upon affidavit for the pur-
pose OF showing that alter six or seven years the
record Of this conviction should be expungeu.
Mr.. Hlrsch-lt Is only five years. The indict-
ment was found on the 30th OF November, 1868, ana
Davis was convicted in july 1869.
Judge BENEDICT do not want to sit here and
stem to ali argument upon affidavit to snow that
lshould try TO retry man who has been sem
fenced ana has undergone part OF his sentence.
must repeat IN this case, as l have just done IN
another that do not desire To near counsel state
that there is no doubt or the mans innocence at
all when he has been fairly tried and five years
have elapsed since he was convicted. The
lact that the Executive, after the convic-
tlon of man, pardons him, is no
nOcence do not question the right OF the eXecu-
tive 10 exercise that power, whether a man be
guilty or Innocent l nave some recollection OF
this case and II is useless to take up my time for
the purpose or interfering with the record alter
so long q time has elapsed.
Mr.. Hirsch replied that MI. Samuel G. Courtney
and MI. PierrepOnt would attend before Court IN
this matter on citation, If 1t were necessary Tor
them to appear. He (Mr. Hirsch) would show the
conviction OF three or the witnesses who had been
procured to swear away the liberty OF George b.
DAVIS.
Judge Benedict denied the motion.