The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-24
IMPRISONED FOR LIFE,


SENTENCE ON M'coNSocHIE FOR MAGGIE
BAUER's MUnDER-A PLEA OF GUILTY or
MURDER IN THE SECOND DECREE ACCEPTED
II was understood, from the declarations OF Judge
Pratt on Thursday, that the trial Of Frank Neon
noche, for tho murder OF little Maggie Bauer. at
Fosters Meadow, on the 14th OF August last would
positively close yesterday, and there was. conse-
queniiy even larger number Of people in attendance
than on any previous day. there being desire
to hear the summing up OF counsel either side, tho
charge Judge and the verdict OF she jury The
Court opened promptly at O'clock After tho jury
were polled by the Clerk, Mr.. James Darcy. Judge
Busted, senior counsel for the defence. arose and
said:-
MURDER IN TIKI THIRD DEGksE
.'If It please your Honors, after careful and
anxious Investigation OF this matter, followed by the
most nxious reasoning and reflection between the
counsel Tor the defence, they have boon cautioned to
take the step which they are about 10 take The
offence which under the consideration OF the
Court Is one OF the most shocking and mysterious
homicides the annals OF crime ana The nerves OF
tho whole community were agitatcd nj tho
recital of the terrible deed. The majority OF
the evidence against the prisoner is cir
cumstantlai in It's nature, consisting mainly
OF alleged confessions his part One OF the persons
to whom confession alleged to have been made
stated that the prisoner also added that be did not
intend TO kill the gir The confession, Of course,
must DO taken whole and s entitled TO such con-
sidoration as to authorize twelve men npon their
oaths TO find the accused guilty Of the crime. But II
IL Is held be entitled To such weight then there
evidence OF deliberations, so as 10 make the crimo
higher than murder in the second degree, !"
Counsel therefore decided to Withdraw tho plea OF
guilty and ncrpose plea OF murder IN ho second
degree.
District Attorney Downing in response said that he
agreed with learned counsel Tor the Gclcpco 10
the revolving character OF the crime committed. He
WAS under tho impression that from the circumstances
nd,ng the act itsellIyng in wait and The de-
liberation shown, that the crime was murder In tho
nrst degree beyond all doubt question, If the
WAS then IN The possession OF all the ordinary natural
faculties OF the human mind. WIN this feeling he
had endeavored lar as he could, 10 bring the prs
onor to justice to the end that tho extreme penalty OF
the law should be inflicted He thought,
however, that there was doubt whether, in view OF
the opinion of the majority oil the public on this qucs-
ton with the evidence before them, the prisoner
could be convicted Of murder IN the nrst degree Dr.
Beldin had stated that tue accused IN his opnon, was
IRRATIONAL and. in view Of such testimony, he elt JUS
tilted in accepting the plea offered by counsel Tor tho
defence.
Judge Pratt stated that the pursued met with
the approval OF the Court The evidence showed that
the confessions, or most OF them, were made by the
accused under such that tho Court might
have elt constrained exclude the confessions alto
getbcr from the consideration vi tho jury Under all
these circumstances the Court conceded with counsel
on both side believing that this course would fully
meet the ends and demands OF justice.
SENTENCE.
and replied to the questions Of the Clerk as fol-
ows:He was twenty-sx years OF age, born III Brook
u, farm abOrer, not murried and could not read OR
write. 70 the question whether he had over been 10
State Prison before he replied that his father bad
put HIM in the PeDitcntiary, but not Tor stealing
When asked whether he had anything TO say why SEN
tence should not be pronounced upon him. Judge Bus
tced replied Nothing"
Judge Armstrong then addressed the prisoner as
fo,Iows:-You arc indicted for murder in tho first
degree and placed trial. Acting under advice OF
your you have pleaded guilty oil murder In the
second degree. Although you do not meet death
tho scaiold you are 10 so 10 living tomb The
offence charged against you was OF the most shocking
character. The ite OF little girl, who aid you
HARM taken by you and nothing but the condition
OF your own mind and the doubt whether all
your fcssons could be submitted TO tho jury have
saved you from the penalty which the law aixes to
murder in the first degree You gave yourself up to
causes which led you to the commission of the crime
and you are now 10 be banshcd forever from SOCIETY,"
The OF the Court that you be imprisoned
the Prison at Sing Sng at hard labor, for tho
remainder OF your naturalifc. ~
At tho close OF the sentence Mrs Bauer, the mother
of Maggie, burst into tears and hysercnl- sobs Tho
prisoner, seemingly at this more than Judge ARM
s,rongs remarks also began 10 cry, and removed
by officers from the court roed On the way down
stairs his cell inquired Of Judge Busted IL thcy
going to hang him. apparently not fully realizing
what had occurred only few moments previously.
The general feeling among the audience in he court
that tho acceptance OF tho plea OF the lighter
offence VAS proper under the circumstances