The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-09

arsI sentence u on the fourth count alons-thas 10
TO say there Gre any sentences on 1917 counta the
pears that be vas sctusiiS ssSieScsd up upon 80
countsthe last sentence being to me OF SIX cents
prisOnmenis mentioned ,r the Judgment as it now
stands were 80 % n 1.-THE County yail Of the city
SrsceS cum IN tie verdict au iUSf V snsps was
%l,sS to ,1 the on =: 2sI1 q No
imposed on aim by the arse sentence Now that
quent sentsncss. There were two trials. both be.
upon the hrst. On that trial ii was suggested by
the deiendant's counsel that the Indictment
bic that cumulative sentences might o. demanded
sass .sS s%, also .iS
Emphasis % one OCCASION he 1I used this ian.
party who is tnus charged WITH Z variety OF mis-
demeanors in single Indictment instead Of hav-
srsatiy relieved rom the consequences Of me Of
fences from the very fact that tuey are brought IN
ySSe those V Counts are al trne
and there were nny-ave indictments io9nd.
IN single i ,SSicsns s as understand,
viii reduce the punishment 70 a single one" And
again, IAN That the Court mas ruled upon the sup,
mlsdemeanors are charged in the same tnd icsment,
and there be conviction either on one or al. Tor
gle Judgment; that Is all That Is as far as the
Court has gone. The Court could 20 no further,
prove a. many as they cam ana the jury viii render
ther verdict u they and the party guilty under
s the
its Judgment It must lock at the Indictment as an
enre Tness extract; s,s are Sse ~ TS% sas
there be anything elsewhere to qualify what Is
the isw Of the case SO far as this Judge
was concerned. The prosecuting counsel, in
as % nens 40 HIM
dict OF all these offences relieves MIN from any
c asTIs cssa I'M to him. BE-
ments, which ne has earned 4 these cnarges pc
81 guilty ~ them ii II there , can e !;
thu County Jail and hne Of $3.50" On the second
slightest sigh ntimat,sn, rom the Court or counsel
that q different rule was sought or different
view entertained. On the contrary; on n9ssiy
upon which he had ruled before, he was
careful to re.er to his former ruling, ana
to declare that no adhered TO 1t, and discouraged
every attempt 70 reopen disc discussion s;aS once
made use OF this language:-'f think may say
ne csss with sne same Impression had not
amined the question. but fortunately in this case
nothing has occurred throughout the entire trial
upon 14as NH that 80 question whatever that might
by possibility, have affected the jury. although
Ssa no as ,s awyst eject even expressedS
Thereupon the Judge proceeded to pronounce the
Tie reiator now asks Tor his discharge upon the
writ OF habeas corpus, not for mere error appear
! 1aCn roluf whole
secondly to the whole Judgment and. thirdly. to
that particular part Of the Judgment winch
II there be such defect the duty TO DIS.
charge on hapeas corpus Is clear. But
gave Paw and Wien We are too BY him that he had
not examined the question, with the greatest pos
dinsry he should announce rule Of law Of daily
practice and be mistaken 10 MS rulings thereon:
such thing may Dc an S w' are Se
learned Judge did not attempt to explain BY any
citation OF au norities why he could have delivered
there is no precedent for 1t IN the practice Of the
State during its whole judicial history II there
or + y there 81 " amy .n s Ss,er we
fenced 70 two inpssses menss on the one indie,
done We have the right to assume. because
we ask for an opinion on It, and we are tolt
the common law OF the State says It cannot u
done. What Is the common law Inc law OF Gus
the o. 81 1S ns e 81 sne
Court the law mat is carried in the bosoms OF the
as 5csy ssR S GO m6 20 c0IT n
Tor authority but you are our authority. appeal
to yolr presiding Judge Where do you see author.
you to imprlson man by successive lmprson
/. ments under the same sentences There ls no
Texas Minnesota, wisconsin, and we WIN find
some authority there. suppose we did find l,
10 70 nd REALISE 81
opinion any such doctrine. II l am not greatly mis-
taken. But in every case where there 10 the slight
OF Ioindure OF different ofiences II is laid down
that there can be only one penalty or one punish
ment iunicted. Passing from the common law to
statute law, what does it sayr We have a code o.
criminal procedure. IN which every case 10 80
tory of the mode OF criminal PROCEDURE; Will yOl
nnd there thing to Justify the pun snmsnt II
that there Is no such rule. What Is the rule
laid down In R. S.. section II, page 90, pro
vision authorizing successive lmprtsOn ment.
where man is convicted and already under sen
tence OF imprisonment on different indictment
DO nA that s' IN ma any Other casei II the Cour
had power. to sentence IN ytasro. where
the need Of that provision =, No 1 need what
has the power TO lmprison has the power to I'm
prison In the present. You cannot have q sentence
of Imprisonment to commence i've or ten year.
hence. II you pronounce sentence OF tmprison
ment upon q man that sentence must begin al
soon as you can CONVEX him 10 the place Of i'm
prisOnment. The statute Is decisive against thu
doctrine contended for by the learned Judge IL
this case. There Is case In the statutes decisive
against 1t. In the records Of the Court OF th'
United States In the Northern District OF this
State there Is a case decided In 1859, where an In
dictment drawn under an act OF Congress
expressly authorizes union OF different offences
| In the same Indictment. 1t was an indictment 10
forging bounty land warrants. There were seyera
distinct counts, and the party was convicted OF tn
several counts and q verdict OF guilty taken 0r
each one for the purpose OF getting cumulative
sentences.
Mr. Neld-The United States vs.. AlDr0. There
were four counts in the indictment; the case wa
tried at Canandagua before Chief Justice Nelson
and Judge Hall. The District Attorney moved To-
q cumulative sentence II could draw tue pic
ture OF contrast, II l could show you That venera
BILE man. who had occupied the bench for near
nifty yeaIs-with his head whitened In the servlc
OF the State-announcing the common law Is n.
knew IL would do But cannot, and | vii
merely read his Words Tine statute law does no