The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-15
GENERAL SESSIONS-PART 2.
Before Recorder Hackstt
AIMnaT A MURDER
ALMOST A MURDER.

ALMOST MURDER.
Thomas Donnelly who pleaded guilty to the charge
OF ielonious assault with intent TO KILL yester
day called 10 tho bar for sentence by Assistant DIS
trict Attorney RUSSELL The prisoner, t may be rc-
membered, q truck driver, In the employ OF
Thomas 4. Trippler, lumber merchant, At No. 30l
avenue 3. He conceived luminosity toward MI
Trppler's superintendent W. H. Craig. and while The
latter, one OCCASION was in q STOPPING position
backing his boots, the soized sledge ham,
weighing six pounds, ana dealt Mr. Craig terrific
blow back OF tho head. and saying Mt the same
time 'i'l hang you" He about 10 repeat the
blow when one tho workmen present intorered and
prevented what might have proved the fatal stroke
Mr.. william Il. Howe, the prisoners counsel, exam
ined a number OF witnesses. who testified to The
prisoners previous good character. HIS father also
sta ted that often suffered from the effects OF
sunstroKc Recorder hackett in passing sentence
said II did not follow that because he may have en-
joyed good character that he would not yield 10 the
sudden impulse to commit murder IL was much dif.
terent in the matter Of morals where man who
known 10 DO honest and upright suddenly yioids
70 tho temptation TO steal for, In such instance,
evidence OF good character would weigh iavoraDIy
with and jury. This, however, was ono Of the
woIs. cases o. peIsona Assault Ina. naa ever PINE
done nothing 10 the prisoner There had been some
trouble between him and the Superintendent, the
latter having discovered Donnelly apprOpriattng some
lead pipe. Subsequently, while tho complainant Was
in the yard brushing his boots, Donneliy
$1,000 Within thirty Ie0t OF ums uu0s ctcsi-
ing behind him, with powerful sledge ham.
mer dealt him n blow upon the head which
nearly sent the unoreDding man to his last account
He was about repeat tho blow, spying, II am Will
Ing 10 hang Tor YOU" whom, happily, his murderous
arm was restrained. Under these circumstances he
was asked to pronounce mtgatcd sentence, simply
because prisoners friends SAID hc had been good
man, II that Justification Tor such crime as
that which mad been perpelratcd. That tho man in.
tended TO commit murder there could be doubt.
Mercy In such q could not DO shown Had the
died from the effects blow prs.
ncon virt n
fenced 10 DEATH He felt II his duty TO make an ex
ample Of the prisoner not altogether SO much as pun
isn ment for him example 10 others Hc believed
that in this case mercy would DO i'll lined and
spent he would therefore, sentence the prisoner
for tho term OF eight years in tho State Prison at hard
labor
CowARDLY ASSAULT.
Joseph Coync and Henry Hagan were jointly in
dced with others chura I'd with having, the 9Th Of
October committed felonious assault upon Robert s.
Dae 1t appeared from tho evidence OF The complain
ant, who is u machinist, residing ut No. 442 West
Thirty street, that on the night in question nc
was walking through an allcyway leading 70 mis-
rooms In the rear building, when the prisoners and
two others attacked him III a savage manner. He was
stabbed no less than six times IN the back aud was
subseq uently confined In hospital five weeks
He ana other witnesses fully the nccused 1t
stated that some trouble had previously existed
between him ana Hagan, TO which was attributed the
assault An abb sought 10 be established, but
the jury found the prisoners guilty OF assault with In
tent do bodily harm and motion they wcrc re-
mandcd Tor sentence
A PENITENT MILK DEALER.
Francis Corey pleaded guilty to the charge Of selling
milk In violation of the laws OF tho Board
OF Health. The Recorder imposed dino OF $50
MORE EXCISE CASES.
The cases OF William Dongan, Of Roosevelt and
Water streets, the performances at whose establish
ments presented to the grand jury nusances;
william Walter and Edward Burke, No. lis Clinton
street, George Know, No. 119 Roosevelt street, and
William ]. Norton and James Murphy No. LA Roosc-
welt street, allowed TO stand until Tuesday
next