Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-11
COURT ITEMS.

judgment in the following cases, to.wit: {:
The case of the territory vs.. Cornelius NJ.
Monroe convicted of grand larceny, Thos
Crolty, convicted of grand larceny and AL
exander Reed, convicted of assault and bat
terry. Thomas Crolty appeared first for SEN
tence, when his counsel, Gen. Trip, pro-
duced witnesses to prove that the prisoner
had been subject to fits Of alteration Of
mind, doing so for the purpose of mitigating
the punishment. Judge Shannon listened
attentively to this testimony. and asserted
from the bench that as palliation Of the
ofense he was obliged By the statute to take
into consideration mitigating circumstances.
but that he could not disregard the verdict
of the jury who had found defendant guilty,
and suggested the case as one eminently
proper for executive clemency that de-
fense of insanity might have been interposed
at the trial, and then it could only have
proved etfectual by showing that defendant
was insane At the time of the commission of
the act. Gen. Tripp replied that the facts
10 the case had come to his knowledge since
the trial. The court then, after very affect
ing remarks to the prisoner, sentenced him
to one year and four months Imprisonment
in the house of correction, at Detroit, 10 be
kept at hard labor and subject to the rules
and regulations Of said house. Thomas
Crolty was convicted of the larceny of an
oversoat and pocketbook of NJ. D. Lingo J;
pocketbook containing promissory note for
three hundred dollars. The larceny was
committed about the lst of October last.
Cornelius NJ. Monroe, convicted of steal.
ing watches and revolvers of the value of
fifty dollars of L. NJ. Kee, on the Sd day Of
July last next appeared for sentence. The
prisoner is young and intelligent looking
man, and the jury in their verdict of guilty
had recommended him to the mercy of the
court. When asked if he had any legal ex-
cuse to give why judgment should not be
passed upon him, he replied that he bad
not. Major Harry MacNamara and Judge
1. E. West spoke in his behalf, eloquently,
confning themselves to the matters in evi-
dence before the court and jury, after which
Judge Shannon made some of the most i'm
pressive and feeling remarks to the prisoner
it has ever been our lot to listen to. At the
conclusion of which he sentenced the pris-
oner to one year and six months imprison-
medt in the penitentiary at Detroit, Michi-
gan, and ordered him to pay the costs of the
prosecution, as in the former case.
Alexander Reed. convicted of assault and
battery, having already been in jail six
weeks was sentenced to one days imprison-
ment in the county Jail and the costs of
prosecution, taxed at twenty-seven dollars
In default of the payment Of these costs,
fourteen days are added to his imprison-
ment.
A jury was then called TO try the case of
the people of the territory Of Dakota VS..
Charles L. Deming, indicted for felonious
assault with dangerous weapon upon Gen.
G. T. Campbell. Hon. s. L. Sphinx appeared
for defendant District Attorney Faulk
stated to the jury that he only expected to
prove the lesser offense included in the in
dictment namely, simple assault and battery,
and the deiendant's counsel, after hearing
the evidence agreeing to verdict for this
Lesser oaense, the jury, without leaving their
seats, returned verdict Of guilty of assault
and battery. Tuesday, the 18th inst, was
fixed as the time for judgment upon the YER
dict.
This case clears the criminal calender,
with the exception Of, perhaps, one Or two
cases to be tried after the adjournment of the
supreme court, which meets to-day. The
petit jury called in to try this last mentioned
case were discharged until the 18th inst,
unless sooner called into court.
Before the adjournment Of the court in the
evening, the district attorney moved for the
forfeiture to the county of the sum of two
hundred dollars, deposited by J. G. Howard,
. three-csrd monte man, last May, with
Justice Roberts q security for his appear-
anoe to await the action Of the grand jury,
relative to = gambling charge preferred
against him. The grand jury found an in.
dictment against him, but he failed to pul
in any appearance. After directing the
district attorney to prepare the record, J. G.
Howard was publicly called three times, and
no response coming from Howard or any
one in his behalf the court ordered the said
sum Of two hundred dollars, in the hands O
the clerk of court, forfeited TO the county
No other business was transacted, it being
then six o'clock, and court was ,journet
until this morning At nine o'clock.
Board and card games Of all kinds. a
Nills 4 Purdy's.