The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1875-10-16
WesterxeIt sentencedt

PH1LA., Oct. 9.-Wm. IL. Westervelt, convict
ed OF conspiracy In the nbducUon Of Charlie
Ross, was sentenced to seven years solitary i'm.
prlsonment In the Eastern PenitentiaIy this
morning. After the argument Of the motion
for new trial this morning Judge ElcOck di.
court 80 i.
1t was not generally known that Westervelt
would be in court today, and consequently
there was but meager attend lnce in the court
room. Seated in the dock win the other pris
| oners, Westerveit chatted very freely with one
of them, although his appearance indicated that
he mad broken down under the verhcb of the
jnry. .....
sci, Mr., Ford, and in this way h fillet up the
suspense until the arrival of Judge klcOcx up.
op m, 1ne osnch' wnicn was ao0ut llso O'CLOCK.
Judge said that In the case of the MOTION for a
new trial in behalf OF Westerveit. he had care.
fully reviewed the reasons aud found they were
the same as had been made IN objection to his
rulings during the ulal.
hisruhnos had been made after the fullest
motion for new trial
Westervelt having been placed IN the smaller
| dock was directed 10 sand up. which he did.
straightening himself considerably and the
Judge then directed his remarks 10 MIN.
PRISONER at the bar, sald the Judge. after a
trial lasting for period OF three weeks q Jury of
unusual Intelligence and character has found
| you guilty OF conaplrinR with Wm. M0sher and
Jos. Douglass and others to kidnap and carry
away, and alter the abduction to haI Dor, con-
ceal and detalp the chid Charles brewster
ROSS, aud OF communicating the aforesaid crime
u v. .
You have been acquitted OF DeinR a principal
| in t1e cIime OF dduhpping, harDQcing and cvn.
ceahng. Ypur case received the most patient
consideration OF the jury. aud whilst tnecase OF
| the Commonwealth was presented with extra
ordinary ability and persistency, it. wis at AL
times falr and diRnineu. sucA as becometh gr5it
lawyers and good public oIicels. :
| That you were defended by your counsel with
| great vigor and ability WAS equally pleasing tO
the court ana should be gratifying and salts
frctoIy oyou. rhey labored with yea aud devo
ton whicn ent ties them to great praise tor they
protected anu qua .dod you IN ali yOur. rights.
| The court has fully considered yOdr case, 90 h
| as TO the law pronounced upon the trial and the
| evieence submitted to the Jury. 49,
| L have given IL calm conscientious review,
and am fuiiv satisfied with my runngs upon III
law aud the cOncl usIon aIrvea ut Uy the Jury.
II - such verdict as would have Joined iu
ehormlty OF tpe ofense OF which you have been
| convicted. You have had full time to realize
It's darkness and YOUR own fate
| had hoped ere this shouid have been an.
peaed to lor light sentence by some merciIul
| cry, revealing something OF the fate OF Charlie
hoss, but have heard not even a whisper, nor
| beheld raY OF hope ana II the knowledge OF
his fate rests with you, then you become your
own executioner. Justice calls loudly for some
severe punishment, and II remains but for me
BY an act Of A ssembly OF 25th OF February,
| 1875, the kidnapping OF child under ~ years OF
age is made felony, ana punisbab 0 by u fine OF
not exceeding $1,000 aud nm imprisonment OF
not more than IS years. Harborlng and con
cealing cnId is likewise mace felony. aud
| punishable by a fine not exceeding $500 and an
| imprisonment not exceeding 10 years.
TINS act was passed since the commission OF
cause winch would Justify q punishment as to
| you OF herboring and cOncealing the child, or
| OF conspiracy TO do 30, since the passage Of the
| act
The section of the penal code act of March
3lst, 1860, relating TO conspiracy, which nficts
| punishment OF fne not exceeding $500 and
| an imprisonment nOG exceeding two years does
not apply TO your case, because that is inflicted
LOT tue mere offence Of conspiracy, without the
consummation OF any Other crime, anu relates
only TO IAN unlawful act 10 the prejudice OF an.
| other"
The forcible abduction of child by the Jew
ish law was punished oy death (Exod. XXI
| chap. l6,i as 1t was by the civQ law and by the
common law of England by hne, Imprisonment
| and the pill0ry. 1t was deemed henlous
country and deprived the king OF his sutjeot. as
IN this case it deprtves the Common wealth Of
1t is therefore more than the offense contem
plated by The act of March 81, 1870, sec I27. BY
sec. LIS OF the same act (pena codel. every fol
ony misdemeanoI or otfense whetever Lot spec
as heretofore :. I|-'-I - =
BY act. .sof Assembly of 5th April, 1880, ali
crimes not capltal for which, by the laws then
IN IOrce burning in the hand, cutting on I'M
ears, nalllng the eur or ears TO the liOry plac-
ing IN and ppon the plllOry, whipping and I'M
pris0nment Tor lne," was inflicted as q puDisn
| menL was changed to punishment Dy solitary
| imprisonment at hard labor for a ten not ex
ceedng two years. ....
| lsnlnent las xlended to an Imprisonment moi
| exceeding seven years, anu BY decisions uf Oul
supreme Court the punlsnment Tor conspiracy
| TO commit an onunce cannot exceed that Tor the
| successful preparation OF the same offence. You
are, therefore, punishable unoer the act last
| cited. lst
The sentence OF the Court is that You pay 4
! hne OF 81, the costs OF prosecution and that you
undergo an Imprisonment nt solitary oonfine
ment at lapor iq The Eastern PenitentiarY fol
| the term OF seven years, and that YOU stan(
committed until the sentence DO compile with