New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-06-03
new ORLEANS REPUBLICAN. SATURDAY. JUNE g. 1875.

dick has carried ON business in this city
with good repute for twenty.six years, that
he has recently become bankrupt in for
tune, that he is broken in health and is the
father Of six motherless children. The
also include Fehrenbach in their pray
ere, and say that he il young man who
has been always devoted to the interests of
his employers, and is Of good repute in the
community.
One person has prayed clemency for
Beale, and several for James, government
officers convicted. No other appeals have
been made for the Cover men5 officers con-
victed. l know, however, that their cir
strongly to the sympathies of the court.
/ have given the most anxious c0nsidera-
ton to these appeals tor clemency, and it
seems to me clear that they should be made,
if at all, to the pard0niog power, and not
to me.
A discretion is allowed the court in fixing
the measure Of punishment, to the end that
it may be graded according to the heinous-
ness of the OffeDse, and not that the court
may have room for the exercise of its feel
ings Of sympathy and COMMUNICATION. The
considerations pressed upon the court do
not tend in any degree to lessen the guilt
of tho otfense Of which the parties have
been convicted. They do NOT constitute
palliating circumstances.
The offenses charged against these par
ties were deliberately planned and sedu-
lousy carried on in one case for months,
and the other for years.
Since have occupied sea. upon this
bench have been constrained by my sense
of duty to sentence to the Penitentiary for
terms Of three years each five poor and
ignorant foreigners for the offense of coun-
terfeiting nickels. / have sentenced for
the same term negro boy for stealing from
the mail letter containing $40. These
offtnses, although deemed as felonioue,
their effects upon the public than the crimes
Of which these persons now before me have
been found guilty. After passing such
sentences can l Is a Judge, sworn to lad
minister justice without respect to
persons, and to do equal right to
the poor and the rich," spare these
persone, or any of them, from the
rigors of the penalty which the law
imposes for their Offense Shall those who
who have me ans, or standing, or respecta-
bility, get off with q nominal punishment,
while q heavy hand Is laid upon the poor
and friendless Would not this be to al
low, in Q eense. Ofenses gilded hand to
shove by Justice.
l am distressed for those innocent per-
sons who must suffer with the guilty, as
we'll as for the guilty themselves, but l
must do my duty and leave to the pardon
ing power any mitigation OF the sentence
am about to pronounce.
John Henderson appears to be the only
person of substance ameng the six who
have been convicted.
Edward Ferenbach is Q young man. who,
in my judgment, was pnt forward by his
employer to carry on the illicit distilling in
his own name az shield and cover to his
employer.
Imention these facts to explain some in
CAPABILITIES in the sentences about to be pro-
nOunced.
John Henderson, the sentence of the
court is that you be imprisoned in tho
penitentiary Of the State of West Virginia,
at Moundsville, for the period of eixteen
month"; and that you pay fine of $1,000.
William G. James. the sentence OF the
court IL that you be imprisoned in the
penitentiary of the State of West Virginia,
at Moundsville, for the period Of sixteen
months, and pay fine of $1,000.
Otto II. Ksrstendiek, the sentence of the
court is that you be imprisoned in the
penitentiary of the State of West Virginia,
at Moundsville, for the period of sixteen
months, end pay q fine of $4,000.
John R. Beales and William NJ. Todd, the
| sentence of the court is that each of you be
| imprisoned in the penitentiary of the State
| of West Virginia, at Moundsville, for the
period Of sixteen months, and that each OF
| yon pay fine of $1,000.
Edward Fehrenbach, the sentence of the
F.! court is that you be imprisoned in the peni-
Tertiary of the State OF West Virginia, at
Moundsviile, for the period of thirteen
| months and pay fine Of $1,000.
| And it is ordered that in the case Of the
/ United States va. Dennis OBrien and 9th
ers that John Henderson and William G.
James pay each one-half the costs of prose
cu.ion, and that in the case of the United
States vs.. Edward Fehrenbach the said
Fehrenbach, Otto II. Ksrstendiek, John K
! fourth the costs of prosecution.
| New Orleans, Mobile and Texas Railroad
| Company vs.. city of New Orleans and Mar
| shal-Dafendants restrained from inter
fering with the receivers Morgan and Ray
nor in any manner in their possession of the
| road.
In the matter of Shipping Commissioners
book. Consent of court was given to the ex
summation of the books by special treasury
agent.
BEFORE JUDGE BILLINGs-IN ADMIRALTY
| Good Intent Tow boat Company vs. steam
ship city OF Houston.-Decision, that the
| COLLISION between the lOWDO3G lllllo "
Jewell and the steamship City of Houston
was caused by the fault of the latter. Dam
ages. to be estimated BY Commissioner De
vonshire, allowed plaintiffs.
| Adam Wagner vs. same.-Damages al
lowed plaintiff, the amount to be estimated
by Commissioner DevOnshire.
| Conrad Stumps We. same; Margaret Hu
Der vs.. same.-The lives Of the sons of thu
plaintiffs were lost by the collision. Dam
ages of 1880 allowed each.
| Superior District Court.
Louisiana State Lottery Company va. d
DapOnte.-Renittitur of $50 and interes
ON Judgment of $3.50 rendered.
State ex rel. 3. Bloomfield Il Co. vs
| State Treasurer.-On trial.
First District Court.
| SENTENCED.
Petty larceny-Thomas Benjamin, 81,
| months; James Lee, two months.
Fifth District Court.
Mary Beuer VS.. Charles Beuer.-Jude
ment for $4,000 and separation OF property
Grand opening of Grand Hotel at Poin
Clear on June /.
Republican Parish Executive Committee
The regular meeting of the above name
O.