davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
THE BROOKLYN BANK ROBBERY.

The delinquent bookkccpcr Of tho Brooklyn Bank,
Gilbert /. Whiting, who has been IN the Raymond
Street JAN Friday last, on charge Of stealing
$16s, 900 In negotiable bills and money from tho instr
tuition named, driven from tho prison yesterday
forenoon la carriage tho City Hall, where he was
ushcrcd into tho private adjoining Police Justice
Walsh's Court, in the basement OF that building Hc
joined there by his faithful and devoted vile, who
wept frequently during their interview. Ex-commis-
sioncr OF City Works Robert NJ. Whiting ana another
brother OF the defendant, Mr. White, vice president OF
the bank several other officers also present The
accused looked carcworn but was sei!-possesscd lie
Is represented by William l.. Whiting as counsel
There WINS no testimony taKcn the prisoner pleading
mot guilty" ani waiving examination TO before the
Grand Jury. In answer 10 the usual questions tho
voluntary examination the prisoner SAID that he
born In Brooklyn Is between fortytwo and forty three
ycars OF asc, Is bookkceper by occupation and re-
sides at No LAT Macon street he attached hts sigma
turc 10 the statement In round, bold nourishng
hand. which betrayed nervousness. The prisoner
Then removed to ms quarters IN tho jail where he
is well treated being accorded the use OF the debtors
rooms, which large md lar preferable the cells
accorded prisoners OF less distinction In the social
scale. No bait was offered nor was any dcmanted
yesterday IL Is understood however that he will be
admitted TO hail In lew days should he see 1T TO roent
OF his present expressed and place tho
critics IN POSSESSION OF formation that will
lead ~ the rccovery oi the 1000 sim missing. liz
states that he spent the money, but VIII not say
INN on That point Is that 1t VIII NIL
transprc some OF these days He reads
the newspapers regularly, and complained that great
Injustice had been done him by the publication OF
report TO tho effect while at the Van Dyke House.
In the Bowcry, this city, where he stopped out few
hours, he ma'ic the acquaintance OF chambermaid,
who had since taken her departure with the missing
funds lie has three children--a daughter ntteen
years son eight or nnc years and little girl thrco
years old An examination of the accounts OF Whiting
at the bank has SHOWN that TO Wednesday last his
course had been thoroughly upright
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
COURT CHARACTERISTICS DAY.

SUPREME CoURr-CnAMuEgs-TIcd by judge Law.
renee los IL 5s 70, 81 80 100, iol ~ 100, 1856
27o, 276, .3s.
SUPREME counr-GnSnnAL TxnM--Held by Judges
i. J. Brady and Danels.-Nos 29h, las 142 15l, l52
ls3 s3 So 90 lo2, lo7 1914, 1873, 49, 1870, 81, lo5
SUPREME counr--srKcIA. Txnm--Held by Judge
Van Brnpt-Nos. POS, loo, 49, ia, l29, ca, $780, o.
106 ISL, ls3, 1885, 1875 no. 1885, 1875 10o co., 2o3 2o6
209 2lo 2l2, PA, 2l5 zig, 2l7.
SUPREME CouRr--CIRcUir--Par He'd by Judge
Barrett-Nos 3007, 5000, 1857, zG9 2gl3 37s5, 3l15
1855, 1919, 3205, 1927 2S05 PHO, 3lo3 $685. 355 1851,
4Sol 3i!S, $751; l55, .S25 $685. 1888, 325 1888 Part
Held by Judge Donohuc Nos 1882 1910, 20oS,
2l3f 39+l 1862 2los, 2220 2l20 2l36 1855 274O 22s
1881 Zoo 226S, 3S 22sl 22SS, 2202 2296, 254 -3si
!lO2 1905 1888 243o 2i2 24+l, PASS 25o4 25l0 24od
so3s 2Sl 20! 25ld 2s4s 2550, 25ss $500 1904 1000
1910 1872 2574 2576, .5is $780, 1882 25s4 1885, 20
Part K Adjourned tor the term.
SUPERIOR COURT SPECIAL Travelled by Judge
Freedman.-No day calendar.
SUPERIOR CoURr-fRIM TERM-Part 1--lIcld by
Judge Van VorsL-Casc on-G,ltnan vs.. Stevens No
day calendar
COMMON PLsAs- Eouirr TsRM--Hcld by Judge Larre
morc.-No day calendar.
COMMON fiEAs-rRIAL TEnM--Part Held by Judge
Rob nson.--Case on Levy VS.. Newman. No day
calendar.
MARINE CorIr-THrAL TgRM--Part Held by Judge
SnnotL-No hay calendar. Part Held by Judge
Goepp-Nos 59i9 9l09, 1888, 5sl7 77I7 3739, 4o62,
1920 6l2l 1923, 6l5 40l3, 406, jSs 1885, 67,S $780,
9lo5 sll9 $685. 69oa 5239. 5456, 2I93- Part 3-HeId
by Judge Shca.-Cass on.--No. 2720.
COrRr OF GENERAL sEssoSs--Part Held by Judge
sutherland.-Phe People Andrew Moore. man.
slaughter; Same vs. Carobcrl Curtis ieonious assault
and battery; Same R0cccs Zarrils elonious
and battery; Same VS.. Henry w. Starring, burglary
Same VS.. George Brown and John Wilson. burglary
Same We. John o'Ne, grand larceny; Same VS.. Joseph
Ford, grand larceny Same vs. Frederick Gcrkc. grand
larceny Same JamesJ. Smith, grand larceny; Same
Va James ODonne, grand larceny; same vs. Joseph
jewell, gambling; Same John MARI, burglars tools
Same vs.. Kate White ana Mary Ann Madden, grand
larceny Same vs.. Joseph Marony, ieonlous assault
ana battery; Same John SULLIVAN grand larceny.
Part 2-Acld by Judge GiIderslecve the People vs..
William +. c. McCarty, grand larceny (contnncdl
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
WIDOW AND ORPHAN.

General Louis Burger, German by birth and well
known by his counrymcn In this State, died Brook
yn several years ago. leaving property, both personal
and real estate, 10 tho value of about $4,000 his
widow aud Children who reside at No. 81 Pineapple
street. BY tho will Of tho deceased hts widow,
George Ahlers and Jacob Schmnt were named
executors. BY tho codcl Joseph Burger was
addcd and Mrs. Burger excluded from partci-
patton In tho trust overs which were conferred on
tho gentlemen named. On February Q, 1874, Jacob
Schmitt was relieved from his trusteeship on his own
petition. George Alters and Joseph Burger then
directed TO continue alone The widow OF tho deceased
suspcctng that sho not being fairly dealt with by tho
executors, lately applied 10 Judge Gilbert, Of the Kings
County Supreme Court for order to ahow cause why
the aforesaid Joseph Burger and George Alters should
not be removed from the ONCE of trustees under tho
last Will and testament OF hor husband, with an in
Junction restricting them and their agents from
collecting any OF the rents In any man
ncr interfering with tho trust property or dong
any act under tho will In the petition
she particularly alleges that Burger has sold ~, LOCO
worth OF United States bonds and has invested tho
proceeds directed by the will but converted them 10
his instead. Justice Gilbert granted the
order Tho order was to have boon returned ycstcr.
day but was post ponc,L
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
DIVORCE DIFFICULTIES.

Argument appeal, motions for almony and other
ltgious proceedings connection with divorce SUITS
continue TO absorb pretty good share OF the attcn-
ton oil our judges. In tho Supreme Court General
Term, yesterday, there was prolonged argument
growing out OF appeal taken order Of Judge
Donobue at Special Term in the suit for divorce
brought by Ann Ncwall against Lorenzo d. Newal.
the facts OF this case, such
proper for publication, gwen IN the
HERALD when the proceedings for divorce
first commenced. Mrs. Ncwall was an adopted
daughter of the late William H. Boardman, one of tho
millionaire princes OF Boston, and who, she
CLAIMS left her 81, COO 600 in his WILL but which, she
alleges spirited away by tho ncirs-at-aw. but
garding which matter sho is now carrying on ltga-
ton in the Boston courts. She charges Mr.. Newa,
who Is n merchant in this city, with having been Gu
ticed from the paths of copuga rcctitudc by the pro-
prietress OF fashionable uptown millinery establish
mcnt Mr. Ncwall alleges that her story is untrue
ami brings against her counter charge OF adultery,
naming, as her paranours TWO quite prominent
gentlemen III Boston, 10 which city, he says,
she took refuge alter abandoning him in June, 1874.
On his application commission issued to two
lawyers IN Boston to take tho testimony Of various
witnesses there IL turned out that only one of tho
lawyers did anything in conpcctson with such exam
nation, and Judge Donohuo refused accept such
tcst,mony on the ground that there was not sufficient
proof that the other attorney had been noticd
had declined TO act as such commissioner. The tcs
t'mony taken upon tho commission, which Judge DOno-
hue refused To accept as proper evidence maiuly
that Of walters, chambermaids aud others, VINO
gave the results OF their inquistons through
the keyhocs of Mrs. NcwaIl's apartments mt various
boarding houses III Boston. On behalf OF Mr.. Ncwall
II urged that this testimony quite vital TO substan
tiato his counter charge. Should tho Court uphold
Judge Don0huc, It would of course, ncccsstac the Isl
suing OF a new commission. The law points are only
INTERESTING as such, as the merits oil me case were not
Mt all touched upon, having been argued at length Tho
Court took tho papers.
Brief mention has already been made in The HER
AID OF SUIT Tor divorce brought 6y Hattie L. Terry
against Arthur Terry; there has also been brought
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
JUSTICE TO A DESERTED WIFE.
A HAIN SHED INDEED.

Dornda Kelly charges In her complaint, In the suit
brought by her against Hugh O'Donnci and NcIl
UDonnc, that defendants arc lcssecs and occupants
OF the premises adjacent to her property in Water
street. that they erected shed her house in such
a careless manner that the from the roof int
her house. damaging her walls, ceilings paper
amount OF $4,000 She charges further that
her carpets were injured TO the amount of $3.50
the house rendered constantly damp ana unhealthy
and that as direct consequence her health and that
OF her child were SO much impaired as TO require mdd
cal aid which cost her $3.50, whcreupon she demands
judgment for 100 damages The answer Is general
denial Judge Freedman yesterday denied applica-
ton Tor bill OF particulars.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27

not at first suspect the parties ExJudge Curtis aor
briefly commenting upon the publication OF an extract
from tho Chicago Tribune. which appeared IN one OF
tho morning papers yesterday and which reflected on
the prisoners character proceeded TO address the jury
for the defence. Ho submitted with considerable
force that tho real cuIprit not In tho dock
and that the prisoner was the victim OF conspiracy
well planned and admirably carried out. lie called at
enton to the testimony In regard the ownership OF
the diamonds. severely criticslng tue claims OF the
complainant to the title. Counsel discussed at length
tho articles Of coparnershp made protect Mccarthy,
aud claimed that under these articles he could be
found guilty OF larceny. Ex-Judge Gurus will resume
his address this morning at the sitting OF the Court
THOMPSON AND HALsTEAD ARRESTED.
II is said that exradlton papers DO forwarded
TO Montreal. where II is understood John Thompson,
alias McCann alias Hamilton. alias Irving and Oycr
d. Halstcad have been arrested. II will bo rcmcm-
bored that the names Of these persons figure pronl-
nentiy In the trial OF William =. c. Mccarthy. VINO is
charged with completely in tho diamond robbery on
the 21th OF January. Detectives Field and O'Connor
received the necessary instructions IN the matter last
evening.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
GENERAL SESSIONS-PART 2.
Before Judge Gildcrslecvc.
THE DIAMOND ROBBERY.

THE DIAMOND ROBBERY.
At tho rcsuming yesterday OF tho trial Of William r.
c. Mccarthy who IS charged with completely In the
robbery OF worth Of diamonds on tho 9th Of
January last, exJudgc Curtis Tor the defence called
several witnesses TO the character OF accused
Minor X. Kellogg tho artist OF No. 92 Broadway tcsti
fed that he had known tho prisoner since 1873 when
he went exploring expedition with him through
Texas and that no had him several times since |;
hc always considered his character good although hc
knew nothing Of his private lie or business MT
d. H. Poppe, agent OF tho Atlantic ana Great
Western Railway Company, had known the prisoner
since 1869 IN Galveston, where no acted as
the agent OF tho company. Witness knew nothing
against the prisoner. Mcssrs Craig, of tho Baltimore
and ONO Railway Company, and NJ. De Wolf, OF the
Eric Despatch, also tcstfcd as to tho prisoners gen.
oral reputation Mr.. &. V. Hand the complainant, was
recalled by Assistant District Attorney Lyon ret-
Grated some OF hts previous statements as TO the
ncr IN which the larceny was committed In reply TO
cx-Judgo Curtis the witness stated that up TO
tho time OF the occurrences he trusted Mccarthy
as he rolled OH tho vcracity OF Mr.. Bates
who introduced him, and who said no could be
trusted Tor 100000. To Judge Gdorsccvo the
witness stated that when no OF tho Bennett
building he watched the cab that was front OF the
Belmont HOTEL and saw Thompson and Mccarthy put
the other man into the cab In Fulton street Tho wit
ness stated that tho diamonds were worth 10000 or
$4,000, and the reason he expected more upon them
was that he intended to give bill sale the prop
cry, together with his note. He did not call out
stop thie" when he saw the cab drive OF, ho did
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
PIANIST AT THE CENTENNIAL.

Mr.. John N. Pattson, the pianist, was engaged by
Albert Weber to play tho Weber piano ut tho Centen-
NAL Exposition, for which no was to be paid 5000
month. Al the time OF entering into this engagement
Mr.. Pattison owed some $4,000 to Mrs. +. O. Craig,
and the stipulation was that she should DO paid
$4,000 from such earnings. Mrs. Craig was paid
$1,000 and brought suit Tor the balance. Tho
matter came originally before Judge Haght IN Erie
county, aud thence was transferred TO the Supreme
Court IN this district, attachment through sheriff
Conner having meantime been Issued upon 81 GOO still
IN tho hands OF Mr.. Weber, and who appears 10 be
ready 10 pay as the courts decide to whom 10
shall be paid. Judge Lawrence yesterday, motion
TO extend the time to answer, decided that II was
properly Erie county suit, and lott tho litigation to
be fought out IN the latter district.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27

The case Of the New York Juvenile Guardian So
ciety against Theodore Roosevelt, Henry l.. Hoguct
and Josephine shaw Lowell, came up for argument
yesterday before Chief Justice Daily in the Court OF
Common Pleas. motion TO make permanent
temporary injunction restraining the DEFENDANTS who
are members OF the State Charity Board. from pub
fishing causing to be published ans false, defama-
tory and ibeous statements concerning the plaintiff
officers, although nothing contained tho in
junction prevented tho publication OF truthful state
in the OF thor public duties. Tho do
PENDANTS according to the complaint claim TO
be. deputized to visit the sooic,y and fur
Their claim the right to make public tho
result OF their nvcstg at,on; that they have been
sitting at No 80 East Twentieth street for several
weeks past With c,oscd doors, and have examined
several witnesses, one ol the plaintiffs officers beng
allowed to he present. aud have kept the charges secret
from the society; that they have published from timc
10 time what purporcd 10 be true statements oil Tho
proceedings, but which were garDled and untrue and
would have justified the work OF the society. Other
statements OF tho internal growth, public
benefit and private integrity OF the society
also appear On the other hand, II Is claimed that tho
Court OF Equity has no jurisdiction TO prevent tho
publication OF a libel and has jurisdiction
the society, stated that he unwe TO argue tho
and that his duty TO his client compelled him TO
request an adjournment OF tho motion. General Bar
low opposed the application, stating that there had
already been several APPOINTMENTS OF the motion, and
as His Honor had come down purpose to hear tho
he would be obliged 10 accept The gentlcman's state.
mcnt OF physical inability to proceed with tho argu
mcnt, and alter some further discussion, the same
was adjOnrned until next Monday
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
BROOKLYN CRIMINALS.

In the Kings County Court OF Sessions yesterday
Judge Moore sentenced the following named prison.
to the Kings County Pcnitcntiary William f.
Leot for stealing 800 worth Of clothing IRON board
ing house in Henry street, four years mprison-
ment; Frederick A. Conkling forgery In
having interiined an assigned mortgage, two
years. imprisonment; Richard Ogden, Tor keeping a
dsordcrIy house, ono year; Asa ID Meek, Tor grand
larceny. two years: Mary Hall, grand larceny, ono
year; Frank Jones, alias Robert Dakin Tor carrying
burglari0us tools, Elk months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
AN OLD CASE OF WINE.

Motion TO opon default was made before Justice
Pratt, in tho Kings County Supreme Court tho suit
brought by Henry A. Richard against Isaac Is. Wei.
lng:on, for tho OF a large stock OF wines.
The suit was tried three times, with varied results
and finally inquest taken for SIS, 00O Tho
has been on Tor seven years Alter hearing argument
the Court adjourned the case, at the request OF
fondant's counsel, TIL next Monday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27

OF tho specie bills discounted or other funds OF the
pank undist,ngushed from the general mass
Mr. Justice Hunt delivered tho opinion
No. $50 Township OF Burlington W.. Bcaslcy-Error
10 the Circuit Court TOR kansas In this II ~ held
where the statute Of Kansas authorized towns
counties TO issue bonds 10 aid In building
bridges, In tho construction OF railroads. water power
other works Of internal Improvement, and where
another statute declared all custom erst mills TO DO
public mills and regulated their management. that
bonds issued by town OF that State to aid IN the
structon and equipment OF steam cotton mill owned
By individual were authorized by tho statute.
Mr. Justice Hunt delivered the opinion.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
BURKE,s BROKEN LEG.

Action wns brought In the Kings County Circuit
Court yesterday to recover $4,000 damages against
tho De Costa Sugar Refining Company. Brooklyn, East
ern District The plainuG, Richard Burke, Is u
'longshoreman, and while IN tho employ Of
tho defendants, August IL, 1875, was ut
work In the hold OF ship lie was engaged IN
Ing baskets oil sugar, weighing 700 pounds slings
by which they raised the deck. Tho rope
parted and tho sugar falling upon him broke his left.
leg ut tho knee permanently GRIPPING him. Tho do
fence was general denial. and The jury rendered. u
verdict tor the company.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
PRICE OF A DOG BITE.

Argument heard before the General Term Of tho
Brooklyn City Court, Judges Nelson and Reynolds
presiding yesterday, on a motion for n new trial in
the of Bernard Fillgrovo by guardian against Ed
ward d. Chappcll On March III, 1875, Ror
nard, who then eight years Of age, playing
on tho prcmisca OF defendant, who Is superintendent
OF the Brooklyn Ferry Company, whom no was SO.
.yercy bittcn by dog owned by Mr.. ChappclL Ho
brought SUIT for damages IN October last, una
erod verdict for $500 tho Special Term vi the City
Court. The Court rcscrv we'd the decision.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
GENERAL SESSIONS-PART /.
Before Judge Sutherland.
THE REWARp or INFORMATION.

THE REWARD OF INFORMATION.
In tho OF tho youth Herman Hutzc, charged
with stealing liquors, valued at S163 from William
Regan, No. 26 Ann street, Mr. W. +. Howe moved for
his discharge tue ground that the accused had
nshcd information resulting IN tho recovery OF tho
property. TIC motion was granted and tho prisoner
was discharged
SNEAK THIEF PUNISHED.
Leon Brcssolas sneak thief, arraigncd on tho
charge OF Davng stolen some valuable property from
tho boarding house of Emma l. McKissick No. $50
West Twelfth street, aud other places. Tho prisoner
pleaded guilty and was sentenced TO three years. I'M
prisoDmon
YOUNG PIcKPoCKET.
youth, named Andrew Mcsscr, pleaded guilty to
tho charge OF picking pockets on tho 2lst inst. Ho
stated then that no only fourteen years OF age
aud he was accordingly sont to tho House of Refuge
On arriving ut that Institution hc claimed his dis
charge upon the ground that he was over age, stating
then that no was eighteen years old. lie re-
mandcd back TO for further disposition and,
having pleaded guilty, he sent 10 the Pcncntiary
for the term OF ono year.
EoBnNG FELLOW BoARDER
John strabunger of No. 102 Norfolk street, stole
$54 from Charles Callman, who lived in tho samo
house. He pleaded guilty and sent to tho State
Prison for three years.
ALL FOR HEI.
John Hoffman, twcnty.onc years old, living al No
22a East l2lst street, stole brocado shawl and Bible
from his mother, which he intended to present 1888
Catherine Regain, to whom he was paying his alton
tons. lie pleaded guilty, aud was sentenced TO Tho
Penitcntary Tor three months.
STEALING CUTLERY
John McCann, of No. 100 Mott street. on the 7h inst
broke premises No. log Chambers street and
stole quantity OF cutlery. Ito pleaded guilty aud
was sentenced 10 eighteen months Imprisonment.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27

PROPOSALS.
GRAND TRUNK RAILWAY coMfANY
" OF Canada
Tenders tor Coal.

Tenders invited for the following estimated
OF steam Coal required by this company to be delivered as
under. during the period OF navigation. 1877, wa
Al the port Of Montreal. about 23DD less
OF 22iO pounds ton, to be delivered In equal monthly
salmcnts the coal TO 10 delivered aud
discharged nj such wharves shall he pointed by tho
company's agent.
At Portland. nbont 1900 tons, more or less OF 22fO
pounds per be delivered about In.
salmcnts ut the companys wharf duty paid all
charges, deliveries to about LIST June ext
and to be completed before list OF Dcbembc 1871
The coal to he free from all oxtrancous substances
TO he screened over screen OF not less than
quarter inch mexhes.
Payments will be made IN cash BY short dnes
bearing interest within tho month following the delivery
OF each instainicut.
Parties rendering to designate tho kind OF coal
they propose to deliver.
Tenders ndorycd Tender for Steam Coa for above
quantities for fractional thereof 81 less than
1000 tons will DO received 10y the undersigned before
April Z. 1877.
The company not bind themselves accept the lowest
any tender.
JOSEPH ITfcKsoN. General Manager
MONTREAL. March !. 1877.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27
\ MISSING MANS ESTATE.

George ". Ketcham was appointed by Justice Pratt,
Of tho Supreme Court Kings county, yesterday trus.
tee Tor the estate Of his cousin George Kcicha who
so mystcriousy disappeared from his residence In
Brooklyn November ID, 1876 Tho missing left
ST. 800 in securities In tho safe In tho oce OF his
ployer, Mr. Lntz, at 10. los Maiden iano New York.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27

In October last Michael McGinn was placed on trial
in the Court OF General Sessions for killing Patrick
Haydo, brakeman of tho New York Central and nd.
son River Railroad Company, ana, ON conviction Of
murder in the second degree, was sentenced by Judge
Sutherland State Prison for lie During the pres
session of the Supreme Court, General Term, VIII
lam +. Howe the prisoners counsel brought the
on writ OF for argument on appeal, and motion
was yesterday made before Chief Justice Davis and
Justices Brady and Daniels for reversal OF tho
vIctlon on the grounds that the killing not dono
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-27

deliberately and that tho lower Court took away from
tho Jury the right to convict the accused OF man.
slaughter Ia OF the lesser degrees These points
were submitted by Mr. Howe In bohalf OF McGinn.
District Attorney Phelps who appeared for the pros
ccution combattcd the argument presented by The APP
pcllant, and insisted armance and
OF the conviction. The Court reserved its decision.