The New York herald., 1876-09-28

up FOR sentenc& The prisoners occupied their accus-
toned places and OF attracted considerable At
tention. Whom Recorder Hacksu took mis- seat the
bench Mr. A. Oakley Hail moved for OF jude-
nenL submitting that the Court had erred 10 sustain
ing she demurrer Of Assistant District Attorney Bell TO
his plea In abatement the alias dictus and for new
trial the ground that tho evidence show that
the offence, n any, was agains. public deccncy;
whereas Il showed that the prisoners did not keep
dsordsriy house and had not committed o nuisance;
and further, that the prosecution under tho common
law could not convict OF q statutory offence Under
thsse circumstances he asked for opportunity to
prepare = bill Of exceptions
Recorder Hackctt denied the motions and remark ed
that he believed his rulings were quite correct and
that he had fully explained to the jury the law bearing
on the case and upon which the prisoners wero con-
victed.
Assistant District Attorney Bell then moved for
sentence.
Nr Hall asked that the sentence might be mitga,ed.
Tho male prisoner, ne said, was thorough man and
had shown lis manliness by expressing a desire to
bear all the punishment himself in order that the
man might be set free The prisoner, Jean Berna-
schotti, . foreigner HIS education different
from that OF the AngloSaxon race. not being exactly
SO mornl
Recorder Hackett In passing sentence, sad that no
case that had over como under hs observation had
revealed such disgusting details, and he sincerely
hoped would never BIO his atc TO hoar such another
Any man who would witness and thereby encourage
such revolving exhibitions ~ had been described
ought TO be sent to the State Prison tor term of
years. When no considered tho horrible revelations
that had been made In this he wondered that
the Almighty had not visited this city with the fate
vi Sodom and Gomorrah, in punishment of ITS SINS
aud iniquitics good deal had been sait about the
manness OF the malc prisoner but he thought that
any man who had compelled young girls TO commit
tho ndcccncics which had been testified
did deserve 10 be called man. While he occu.
pied seat on the bench he would do all that lay In
his power TO supprcss such immortality by nlicting
the severest punishment which the law directed II
IN tho present 1t were In his power 10 mako the
penalty ten times than the law prescribed
he WOuid sentence the IL.
The sentence of the Court that the prisoners bo
confined in tho Penteniary for tho term OF year
at hard labor and that they DO fined each in the sum
OF $3.50.
Immediately at the close OF the Recorders remarks
Garbadistruck highly dramatic attitudc and rails.
ing his hands above his head. appeared to be almost
specchiess. After gazing around HIM he muttered
something In Italian, with frantic look. and then
his eye fell upon the woman beside him ana clasping
her In his arms. no rapturousy kissed her, and
with difficulty removed ON leaving the court Carl.
bald gesculated wildly slapplng HIS head with his
hands Evidently he had not been prepared for such
sentence. HIS career however, s said to have been
something remarkable. It appears that some twenty
years ago he won't 10 Paris from Canton Of Tessn,
Switzerland He was quickly marked by the police as
dangerous character He left Paris, but his efforts
In the South being unsuccessful no returned to the
French captal ana being overhaued hc sentenced
TO Two years and SIX months imprisonment II is
alleged shat for endeavorng to backma tho Project
Of tho Police no sent to Meun for four years and
six mouths With . companion named Alice
schomchot, he started for Nice. and then Eng
land. Upon arriving N this country he Immediately
entered upon In the vicinity OF the neghbor
hood Of which his establishment SO long the eye
sore. until swept away by the recent Vigorous and
praiseworthy aciion OF tho police authorities.
FELONIOUs ASSAULT.
Thomas Prnty tried and convicted Of felonious
assault on Daniel O'Connen The complainant was
driving milk cart through Thirty street At two
O'Clock in the mo rnng when ne was attacked by fve
young rufans, one OF them firing pistol al him. The
prisoner sentenced 10 i've years In the Poniten
tiary.
ATTEMPTED LARCENY.
George Leer, Of No. laK Blocker street, tor at
tempting steal watch from tho person OF Richard
Dick, stranger, from Buffalo, the 10th Of August
was sent TO tho State Prison Tor Two years
ATTEMPTED BURGLARY.
While George wacker was closing his store c4o East
Forty fifth street. the 9Th inst, Thomas Porter OF
No 1927 East Forty.sixth street, sczed him. while
pleaded guilty and sent TO the P0nenary for four
years