The New York herald., 1877-03-03
GENERAL sEssIONs-PART ]

Before Recorder HackctL
THE SUTTON PERJURY CASE ENDING IN AN Ac-
QUITTALA
This prosecution, which has lasted a considerable
time Its inves, igation, yesterday drawn TO
close. Tho defendant James Sutton, 1t will readily
be remembered, indicted tho charge OF pcr
jury In having, as alleged, in exam nation before
Fro Marshal sheldon, falsely and corruptIy over
estimated hts losses by 1re. Tho details OF the
have already fully appeared. Assistant District At
torncy Herring summed up on Thursday and Colonel
J. r. Follows, counsel for tho defendant, on the day
preceding. Recorder Hackett, yesterday, took his
seat tho bench promptly at eleven O'Clock and pro-
ceeded to charge the jury, at once proceeding TO the
point at ISSUE. In tho course OF his remarks the
Recorder said:-
This case, 10 my mind, presents no features OF dif
Guilty. and only two questions which are to be an
swered by your verdict ana eliminated IRON mass Of
testimony portion OF which is entirely without
application to the issues In this case, but which has
teen introduced through the zeal displayed
by the counsel for the people and the prisoner
l do not remember case which has ever
been presented before me IN my judicial capacity
that seemingly has invited into action earnest
honest convictions OF the counsel and the best ad
vocacy that their respective minds, intelligence and
education capable Of Having due regard to the
character OF the evidence, which should be fresh
in your MINDS and the important points of which
have the addresses OF the District Attorney aud tho
counsel Tor The prsoncrbcen specially advcrtcd TO,
stated and commented upon, It would be supereroSa-
It, Alter briefly reciting the history OF tho Re-
corder Hacket went on TO say The important feature
upon which by the theory Ol tho people the charge OF
perjury is based are the estimates orvauations made
by the prisoner before tho Fire Marshal-nameiy.
that the sound value Of the arpnoo Aane Asso .,
tho lire on tho 24th OF June, 1879, in. nss the the
that sound value OF the Aldne Association at the
time Of the Of said fire In the premises No.
% Liberty street was s139 S53 o. 1t further appears
in evidence that prisoner had the time tnat the
fire occurred. effected fire insurance various insur
ancc companies upon tho property OF the Adinc Asso
ciation--upon No IS Maiden lane, s57, Sl2 5O upon
No. % Liberty street the further sum Of $51 977 so,
reaching total insurance OF $l09, 700 The prisoner
In his affidavit that the damages to the property
namely, to No. IS Maiden lanc $l22, 966 60, and
the property claimed to have been within the
premises No. % Liberty street, $50 4vS 81. the aggrc
gate amount claimed as damages hcirg 500. .4s5 a..
There gravo contradictions the testimony which
you Will recoIlect and II becomes peculiarly your duty
comprehensive observations upon the question Of
motive, aud after nsiructing the jury upon the law
bearing the case, the Recorder said:ln order to
convict the prisoner OF the perjury charged by the
Testimony taken IN this case, should not only have
been aflrmatively proved, and beyond n reasonable
do1bt, that the prisoner In and his depositions
taken before the Fire Marshal occasion OF tho
curry before him relative to the property alleged to
of or'e the 0': aa.n Of june 1875. at No. IS Lib.
erty street and No. So Maiden lane, had
been guilty OF false swearing; but you, gentlemen,
before you convict the prisoner must find concu-
s,vely further. additional and necessary iact that
prisoner
wickedy, unlawfuy, maliCiously, wilfully and cor
rupty with positive intent so falsely sworn as
charged in the Indictment Unless you, gentlemen,
shall arrive without reasonable doubt To the con-
clusion the fts just spoken OF, and all OF them,
have been established, the prisoner is entitled TO
your verdict OF acquitla but II they havo been cstab
ished reasonable doubt having been suggested
TO your minds upon just and critical review Of tho
entire evidence adduced, will become your duty 10
convict the prisoner OF the charge.
The jury then retired ana after absence OF about
three hours returned to court with o verdict Of
acquittaL
FATE OF HARDENED CRIMINAL.
Charles Lang, alias Max Muller, Of No. 5Sl Eleventh
avenue, arraigned charged with burglary In tho
FIRST degree On tho 10th of February the prisoner
caught in the act of committing burglary at the
premises of Adolph Grind, No. is First street, by
Officer Crecdon. The prisoner was readily recognized
old offender, having previously been implicated
crimes OF arson and receiving stolen goods. He
now pleaded guilty. and tho Recorder sent him TO tho
State Prison for the term OF fifteen years.
YOUNG BURGLAR DISPOSED OF.
james Anderson, agod twenty ono years, OF No. 212
Monroe street, pleaded guilty to the charge OF
burglarously entering tho promises at No SO Forsyth
street and stealing the gas fittings therein. He was
caught tho act, and his anecedents being favor
able he sent 10 the State Prison for ten years.