The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-13
STATE PRISON FOR LIFE.

vacate the service of the summons in the suit Of
Edwin G. George against hts wife for dlvore.
STATE PRISON FOR LIFE.
At the opening or the Court OF Oyer and Ter
miner this morning, Judge Barrett on the bench.
Thomas Hayes. who last Saturday was found
guilty OF murder in the second degree for killing
Thomas d. Delaney, was called up Tor sentence.
The prisoner stood up nrm and una ,ashed. evil
IDENTITY having recovered from the nervousness he
evnced during the trial. The usual questions
were put to HIM by Mr.. Sparks the Clerk, as to
his age and previous avocatlon, and what he had
to say why the Court should not proceed ~ pro-
nounce sentence upon him In accordance with
the verdict OF the Jury He made no response TO
counsel, said that he felt 1t his duty,
under the circumstances Of the case.
to protest against the severe and memorable SEN
tence It obligatory upon the Court to pass. as
at some future time he should lake the necessary
In his inrther remarks MIR. Hall referred to the
last words OF the deGeased-that ne would get the
prisoner IN State Prison sol YEAS indicating The
Judge Barrett proceeded TO pass sentence, which
he did very, briefly. The prisoner had been fairly
tried and ably defended and at the close an INTEL
ligent jury had found him guilty OF murder IN che
second degree which was one degree below the
the trial showed the peril attending the practice
OF carrying pistols and should be lesson TO all
Court but made state Prison Tor life the penalty
OF the crime. He then passed the sentence IN the
Usual 1Orfu, AFTER winch the prisoner was mana.
cuned and removed IN custody or an Of1ccr
THE MURRAY CONNERTON HOMICIDE.
The trial OF George W. Murray, indicted for muir.
der IN the first degree for killing John Connerton.
was commenced yesterday afternoon In the Court
OF oyer and Termner before Judge Barrett. As
the prisoner was called to the bar he came up with
smiling face, as though entertaining no fear as to
the final result He is man apparently about
ol.l t,rt
whiskers. his hair slightly tinged with gray and
with an intelligent expression in his face. The
circumstances or the homicide admit OF very brief
narration. on the nlGht OF the 25th OF November
la-t the prisoner, the deceased and others
Gwen on the cop Sr" Of wasSncon and Cnsq,es
streets. MI. Given told them that Il they insisted
on quarrelling they must fnisn up their fight on
tne sidewalk. The party immediately adjourned
70 the street, where the quarrel was renewed.
Here, as the papers further aileRe. the prisoner
struck the deceased knocking him down, and I'm
mediately afterwaI q. SEEING rung from cart
near by, struck the deceased with It blow on the
head, producing almost Immediate death. Nearly
two hours were consumed IN obtaining q jury, Mr..
Charles V. Brooke, the prisoners counsel, INSIST
ing on submitting each to a searching examIna-
ton TO MS htness 10 serve IN the case District
Attorney Phelps, VINO conducts tile prosecution,
opened the case. reciing the facts given above,
alter which the trial was postponed till this MORN
Ing.
WINSHIP, THE SALARY BROKER.
Edward winship, who figured some time ago
broker, which terminated IN his being placed IN
Ludlow Street Jail, is now anxious to be released
from that noted hostelry for Judgment doctors.
He was brought up yesterday on writ OF haoeas
corpus before Judge Barrett, IN the Court OF Oyer
and Terminer. when long argument ensued on
him, I'VE for alleged frauds IN the salary br0Eerage
business and one Tor contempt OF Court in the
non-payment Of counsel ices. The motion was
pressed on the ground That he had been discharged
In insolvency In the Court OF Common Pleas, and
had also been adJudicated bankrupt IN the
United States District Court. The return set up
that the ACTIONS upon which the orders OF arrest
were granted were actions In tort and that he
ceedings or the adiudicatIons in bankruptcy
Judge Barrett TOOK the papers, reserving his
decision.
WHAT CONSTITUTES A CITY OFFICER.
In the Court OF Common Pleas, Special Term,
before Judge Robinson, an interesting argument
was had yesterday as TO who are public of1lcers
under our local political governments 1t came
before the Court In the form OF motion for
new trial in the OF Sarah Michigan, admins
tratrix OF the estate OF Thomas Michigan, who
held tue position OF expressing clerk of the Board
OF Aldermen in 1872, and obtained judgment
against the city last November for the balance OF
salary due him as such CLERK Mr. Dean and Mir.
Miller, assistant to the Corpora ton Counsel, uc-
sired new trial on the ground Lnat they wished
to put in evidence IN the case that Michigan on his
appointment IN June. 1870 took and dlea an oats
OF once IN the Mayors ONCE, that the act Of
the Legislature o. 1869 prohibiting the Com
mon Council from increasing the saa-
RES OF 'onicers" would preclude the
OF salary claimed by her as due to her husband.
They cited various ordinances OF the city 10 show
that all the clclks OF tie CoInmVn Council were
Officers. William L. Mcnamara opposed the mo.
ton strenuousy and claimed that the testat0r
not an officer; that an uinccr unucr orr nun
people and acted independently OF others. II the
position taken by the Corporation Counsel was
correct he contenued that every person drawing
pay RON the city treasury was an oihcer, anu ms
would include every Italian WORKING ON The streets.
An officer meant one having fixed time and
official responsibilities. He further insisted that
the new eviocnce offered was lmniateflal
Judge Robinson SAID ne would await the deCs-
Ion oil me General Term OF the Court IN q similar
case that was TO be argued that day. Subse.
quently the same counsel argued the appeal case
before the General Term and That Court promptly
decided that the clerks OF the Common Council
we're not officers
ANDREW J. GARVEY'S LAWYERS.
The suit brought by Messrs. Harnctt Flanagan
against Andrew J. Garvey Tor 3,l92 so, claimed to
be due them for professional services was re-
sumed yesterday In the Superior Court, Circuit,
Part 2, before Judge Sedgwick. Toe defendant
was examined at great length, and, under cxcep-
ton by his counsel, he was allowed to reclte the
circumstances OF his Hiaht and sojourn abroad
when the Ring trials were begun. lie tolu SUBJ
stantially the same story ut HIS examination IN
the Tweed and Hall trials. declaring that he went
away through rear ol assassination, lie ADMITS
the Legality vi f92 " the charges Dut denies ahso-
~ieH ever having employed the plainuns other-