The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-08

Tor examination ON Monday next. Felipe has at
tached the ship for wages, and 1t is understood
that he Will stoutiy contest the charge or desertiOn
that has been made against him.
UNITED STATES CIRCUIT COURT.
Tho Case OF Bononi Howard-Ho is
Sentenced to Five Years imprisonment
ut Hard Labor.
Judge Benedict sat yesterday in the United States
Circuit Court room, No. u Chambers street, and
proceeded with the despatch OF criminal business
The Judge said with reference to the case OF
BenOni Howard, who had been convicted for cOun-
terfeittng match stamps, that a motion was made
for new trial. That motion must be denied. He
had examined the case very carefully, and was
entirely satisfied that error had been committed
in admitting the evidence regarding the Ives
matches and the BILL which were the only points
IN controversy.
The Court therefore denied the motion.
Mr.. Huntingdon, with whom appeared Mr.. Ben
1amn Blankman as counsel for defendant, How
ard, said he had motion to make for a postpone
ment OF the sentence until there was an Oppor.
tunity for the full Court to sit and determine some
points upon the construction OF the statute upon
which the defendant had been convicted. He
would like to have THIS question settled upon re-
view before the full Bench.
Judge Benedict observed that he would be glad
to nave the other e at any case 6ren
them himself unless he was satisfied there were
points OF dlfl1cuty. IN winch case he would be glad
ford. But In the cause under consideration he
knew of no points which would justify him in ask
ing them to attend merely as favor to himself
Mr.. Huntingdon then made motion in arrest of
judgment, stating that there were thirteen counts
the indictment, each charging different felony.
the jury had not convicted on one count or on
another, but rendered general verdict OF guilty;
each Of the Counts IN the Indictment the result
would involve supplemental conviction by the
Court and not an actual conviction by the jury In
cases OF felony there could not be q double cOnvic
ton and double felony.
Mr.. A. H. Purdy United States Assistant District
Attorney, was heard In reply, and finally, after
much argument, 1t was decided that the sentence
Of the Court should be taken on the fourth count Of
limit OF five years. Imprisonment at hard labor
could be imposed.
Mr.. Huntingdon made an appeal to the Court for
clemency to the defendant, remarking that the
jury mad recommended him to mercy; that he had
behaved patrlotically during the war of the rebel
lion; that In the State OF Iowa. when Howard was
raising regiment Tor the defence OF the Union, he
contributed largely towards that OBJECT: that he
volunteers going to the war; that, when
some Of these volunteers were killed, Howard
Lett alter em pa coS Be
tanned from the government; that, at an expense
OF $4,000, he sent artists to the war to take pOr-
traits or eminent generals, which portraits had be-
come part OF the art literature OF the country and
that ne had, upon the trial. received an excellent
character from nir. Claim and other gentlemen Of
high responsibility IN the city.
Mr.. Purdy said tnat the defendant had put the
government to great expense in two trials. He
cOnsl dered this case that called for full punish
ment.
Mr. Huntingdon objected to the statement of the
government counsel. 1t was as much as to say
that II a person charged with crime to avail
himself OF all the privileges which the constitution
conferred he was to be visited with severe punish.
ment II he did not plead guilty. The suggestion
was an improper one and ought not to have been
made.
Judge Benedict, addressing the prisoner said he
mad been convicted OF countereltlng proprietary
ment and MS fellow citizens. He had been tried
by an intelligent jury and carefully defended Dy
counsel The jury found him guilty and he Judge
Benedicr was bound to say that he cOncurred
with the finding OF the jury. The facts proved on
the trial left no doubt on the mind Of any intel
llgent person that the prisoner knowingly engaged
In an effort to deraud the government and the
community by the making OF forged match stamps.
The jury recommended him to mercy. lie (Judge
Benedict) had sought in vain In the evidence
or IN the facts for any thing that would justify such
recommendation. Inc prisoner was not prompted
to the commission OF this Of1ence by want, nor en-
tlced into 1t by designing men. He was not dupe
In the matter. He had entered into deliberate
plan for the purpose OF fraud. He Judge Bene-
dicn, however, paid attention to that recOmmen-
datlon OF the jury, and the prisoners escape from
the extreme limit OF punishment provided by the
statute was due to that recommendation. He had
been unable to find in the facts proved or in the
him in INJECTING any other than the extreme pen.
atty Of the law on the count on which the govern
meht had moved for sentence. Under the indct-
ment ne might have been punished for much
longer term; but, under the count on which sem
tence had been moved for, the judgment OF the
Court was that Howard be imprisoned for five
years at hard labor in Kings County Penitentiary.
The Case Of Oscar F.. Wainwrig ht-COn.
vtctton and Sentence for Perjury.
Oscar +. Wainwright, who had beenconvicted
OF perjury in regard to "bogus bond" and who
has already been in prison for eleven months, was
sentenced to four years. Imprisonment and hard
labor and TO pay fine OF 81, sentence to be exc
cuted in Kings County Penitentlary.
Conspiracy.
man named Goodwin, convicted OF having con-
spred with others to rob the Custom House of
revenue stamps, and who has already endured an
imprisonment OF seven months, was sentenced to
six months Incarceration.
The Grand Jury.
The Grand Jury In the early part OF the day. ap-
peared in court and handed in some bills of ndct-
ment. In reply to the Judge they said they had
not concluded their labors and Judge Benedict
observed that they were at liberty to retire and
resume the discharge OF their duties.
The Court adjourned for two weeks
Com mission on Sales of Railroad Shares.
Judge Nathaniel Shipman sat yesterday in the
United States Circuit Court al Chambers street,
to hear motion in the case of Clarke vs. Bushnell
This matter was tried some eight or ten days ago
In this Court. 1t was an action to recover
commission from the defendant on
sale OF 100 shares OF Union Pacific stock
or their equivalent. The defendant claimed
that the palntifr received commission from other
parties in the transaction, and, having got his
commission, was not entitled to receive It from
him. The Judge charged the jury that the law was
that If a man received commission from both sides,
or was to receive it, and that this was not known
to both parties, he was not entitled to commission
from either side. But II IL was known to both
both were entitled to the commission and this
was the only question the Jury mad to try. The
jury found that 1t was known to both parties at
the time the agreement was made, and their YER
dict was, accordingly, for the plaintiff The motion