The New York herald., 1876-09-27
GENERAL SESSIONS-PART
Before Recorder Hackett

THE NOTORIOUS ''GARIBALDI" CONVICTED.
The trial Of John Barnisciotta, alias 'Garibaldi -
and Annie Smith, his alleged partner the ndict-
mcnt for keeping disorderly establishment at Nos
"a and 80 West Fourth street, concluded ycster-
day. As on tho day preceding the court room was
densey crowded. the result of the investigation being
awaited with keen interest," especially by many of tho
properly In the vicinity OF the den entioncd
who have hitherto made such strenuous exertions
TO wipe out similar demoralizing institutions Tho
revolving developments made Of the trial
aroused general attention. and long belorc the
proceedings commenced all the space in the court
room occupied Recorder Hackett took his seat
on tho bench promptly at eleven O'Clock Assistant
District Attorney Bell appeared for the prosecution
the prisoners being defended by Messrs A. Oakley
Hall and William f. Howe 1t will be remembered that
Monday evening the case had closed, there re-
naming only the charge OF the Recorder aud the action
OF the jury
The jury having answered 10 their names, Recorder
Hackctt, in charging the jury. spoke as follows:-
GENTLEMEN OF THE JURy-Thc question in this
about 10 bo submitted to your decision is free from
any complications, and should be readily appreciated
by you instructed you to be by the rules of law
which 1t becomes my duiy TO rccte to you for your
guidance. The prisoners the bar have been indicted
Tor and have been tried upon an indictment charging
them with the comm ission OF misdcmcanor In keep
ing and maintaining disorderly house, a common
nuisance, the fifteenth ward OF the city OF New
York. at and preceding the 18th of September last Tho
claimed to have been committed by the prisoners
and upon which the indictments against both oil them
grounded, not embraced in any statutory deiin-
tion, but such acts and common law n nu-
O. and every house open pub lie show and sxh
bton tho common practices in which outrage dccency
shock humanity and are contrary good morals,
punishable at common law. The Term dsorderly house
Tor which the prisoners are indicted and tried is
sometimes used In very broad including
houses OF prostitution, COMMON gaming houses and
other places OF like character to which people pro-
mscuously resort for purposes Immediately affecting
and Tor purposes injurious public morals Tho cree
able and the doctrine has been broadly down
that SO s every show and exhibition which outrages
dcoency, shocks humanity or IS contrary to good
morals" and the keeping Of q common gaming house
OF disordery ale house, inn indeed any other
dsorderly house Is a common law offence account,
among other reasons Of the influence Of such places
upon public morals. l charge you gentlemen that
the only question In this Tor your consider alton
tho question whether the defendants or either Of them
violated the law by keeping disordery house amount
ing to common nuisance at the time IN quest on but
In that connection charge you emphatcay that in
TO condemn either both the prisoners OF charge
the indictment because the facts have been established
satisfactorily TO your minds that they havo been guilty
OF keeping public house OF prostitution or that they
have permitted, allowed and authorized the giving OF
entertainments by their pude women boarder to
such facts II satisfactorily established TO your minds
bearing solely upon the question At issue-nameiy,
whether tho prisoners or either OF them have been
were engaged at the tmc mentioned the Indictment
for keeping a disordcrly house, and being satisfied
without any reasonable doubt that such ia The fact IL
VIII become your duty TO lind the prisoners either
OF them. guilty OF tho charge l shall not 20 over
the evidence: II should be fresh IN your minds.
Take the tho view OF tho law and
give the prisoners tho benefit of any reasonable
doubt arising your consideration OF the testimony
Was n nuisance? illustrate tins question by rc
crrDg 10 what learned judge said In similar case
'lt is for you to lnd whether there has been in
eniional wanton indecent exposure OF persons for
private gain of the prisoners In such manner as to
offend public dccency." The keeping OF disorderly
house a common law offence on account, among
other reasons of the evil influences of such places
upon the pubnc morals. IL is Iad down in Bishops
Criminal Law that whatever may be the precise extent
TO winch the common law protects religion there
question but that the common law practically and
publicly fully chcrshcs the public morals and punshcs