National Republican. (Washington City (D.C.)) 1872-1888, 1876-05-01
THE COURTS.
Criminal .court-yudre Macarthur

/
In the case Of Patrick Nulty, convicted oG rap
ton anna Williams, his Honor granted a new tria
1 ueotge Ferry and Alice West alias PERI
| Ino larceny. This WAS the case of the ITO pal
u 70 SnteIlrg the ocsnlect tonery, of Mr. Georg
| HI, Nt, Edg hteenth street and Pennsylvana ava
nue. an gd. feoDIng the desk Of $50 In MONEY an
I Cob Cook. counsel for the defendants said tha
| ~ a pr eosItion they made was not accepted b.
the Dis uct Attorney then they would be com
| procuring Witnesses The accused were bi,sbsny
| and wife, Spd what she did transnircd in ~,
presence of TIVE husband, and for which therefor,
guilty on corditi that the wife might 20 fres
Assistant District Attorney Wells said that tn,
was not the wife SfPerry. and the act
was not done in the presence Of the sO-caIied hus
The Court Wen, have you witnesses matsria
TO this issue that you wish TO procsSe?
CoE Cook. Yes, sir.
The Court. Wen, you will make che usual an
daylt setting forth tho facts.
The case was then Temporarily laid aside.
m; Shepherd, petit larceny, in rocbing Major
ne an appeal case. The Court directed
the lnTy 10 return verdict Of not guilty, as the
thett was not proven, and the prisoner was dis.
Spencer Horace, false pretences, in pretending
to Arthur Christie that he had delivered to him
1.2s0 pounds of hay, and obtaining thereon els 81
He was out on 500 bail, and failing to appear il
was declared forfeited. Amos Hill the bonds
The Court directed the issuing Of bench war
rant for the arrest of Horace.
The District Attorney experienced considerable
difficulty in securing his witnesses, many OF them
being absent, and the trials progressed very
slowly.
80. GEORGE FERRY AND ALICE WEST.
Colonel Cock, counsel for George Perry and
Alice west, alias Perry. submitted the affidavit
which be had been directed TO prepare as grounds
Tor asking continuance of the case. The paper
gave the proper names OF both parties, which diff
tered from that in the Indictment and showed
that the parties were married In the city Of Phils-
delphia In January 1870, first by an alderman,
ana subsequently by Catholic priest. Accom-
panying the affidavit was marriage certificate
signed by the priest '.rs
Thesopaper were submitted to the Court, who
ant District Attorney Wells then entered noHe
pros in the two cases for which the female was
indicted, and her discharge was Immediately or
At this time the two husband and wife. both
young and passably lsOOd-iOOking, especially the
wie, sat at the south end Of the table before the
bar of the court.
His Honor directed that George Perry be ar
raigned. He was Drought to the centre of the
position Capt. Camp, assistant clerk, read the
tw0indictmeRts,
TO BOTH OF WHICH he PLEAD GUILTY.
Judge Macarthur directed him to be seated
temporarily, and said that the application for
a neHe pros. had been made under very peculiar
circumstances, and such rs to permit the Court
to admit 1t with the entire APPRECIATION of the
court, II appeared that the wife aud husband
were indicted jointly for the same Oftense There
was evidence submitted, satisfactory to the court
that these parties were legally and actually
married, and IL under such an existing state of
affairs, and the law governing the case the
question Of the guilt innocence of the wife were
submitted to the Jury, they would be compelled
10 return verdict OF acquittaI, far they re-
lated TO her completely in TIE transaction In
common law the wife is not held responsible for
deeds committed under the persuasion or coercion
OF the husband and in his presence. The affidavit
shows that whatever agency the woman had in
these cases. Tor which the two stand jointly in
dicted, II was done not only from the persuasion
81 the husband, but in his presence. This would.
therefore, be weight in her favor before a Jury
Inc man has come Forward and plead guilty to
the indictments, and the District Attorney is
therefore iustifable in entering a aOHe pFoS In
the eases against the woman.
Col. Cook said that before sentence was passed
parties, and especially the defendant. He wished
TO
SECURE As LIGHT A sENTEScE
as justice would authorize. This couple were
young. The world, with its freshness aud green
ness, held out hopes 10 the most depending, AMI
there might be bright future even for this young
man, and he asked that n sentence as mild as the
Court could make 1t, under the circumstances,
His Honor SAID that there were many classes of
crime that came before the court, and in metin.
out punishment to the criminal ne took into con
sideration the causes that might have led 20 the
committing Of the act. There were many persons
in this District, especially among the coiored ele-
ment, whose necessities drove them into crime
and they would probably take enough only to
satisfy an immediate want. In such cases he
made the sentence conform to the circumstance.
There were others who committed theft from
wickedness and desire to steal. With this
class greater severity is shown. There Is third
and decidedly worse class who make this life of
ROBBERY q profession or, in other words, live BY
thleving at the expense OF society. To this kind
no lenieney should be shown, and little would be
given in this court.
A short time ago he had before him noted
professional hotel thief, and in sentencing that
man he dealt with him severely, because he felt tia
duty both TO the court and society, that such men
should be placed where least dangerous. This
community had been and b now freer from the
depredatiOns of professional thieves than any
community that he knew OF, and he attributedt the
TACT chiefly to
THE EFFICIENT DETECTIVE AGENCY
at work in the city. He believed this acknOYI-
edgment due these gentlemen, and thus pub
iicly made 1t. 1t was true that he Court had
beer prompt in Furnishing criminals Of this sort,
but II that had not been the case the detectives
would have more to do than they now have. This
man appears to be one Of those professional men
who follow this calling for a livelihood. 1t seems
thai he had recently been married to this woman,
end this was the first attempt to either persuade
or c0erce her into crime with him and he hoped
she would take warning by his example and keep
aloof from crime in the future. II she did not
then she might expect TO associate with criminals
and finally be punished for misdeeds committed.
Looking at the crimes for which the accused
had plead guilty, there was but one redeemin@
feature so far as the man was concerned, and that
was after getting the woman into trouble with
him he was honorable enough to acknowledge
his guilt and responsibility that she might be set
at liberty.
George Perry then stood up, and his honor
him to eighteen months in the peniten-
tiary under each Indictment, or a term Of three
years in all.
The prisoner was then returned to the dock
the vile accompanying him, and although closely
yelled It was evident that she was weeping Bit
terly.
Spencer Horace was brought in on a bench war
rant to answer to the indictment Of obtaining
money under false pretenees. Verdict not guilty.
Forfeiture set aside.
Adjourned until to-day.