The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-26
THE COURTS.
Sentence Of Owen and Graf, the Con-
vlcted Silk Smugglers.
AMERICAN BONDS ABROAD.
Penalties OF Furnishing Quail
Out OF Season.


Thomas Owen, purser Of the steamship Engand.
and Alvin Graf dock superintendent OF the National
line OF steamers, who = short time ago. after long
trial were convicted or conspiracy TO deiraud the
government Dy smuggling silks into this port, were
brought before Judge Bs1edtct yesterday, In the
Unitei States Circuit Court Assistant District At
torney Herrick moved tor sentence.
ExJudge Dttsnnoeier then and said-"Aay
Il please the Court, having but few moments ago
arrived from Albany, and coming NJ once from tho
depot TO this room, have not yet had an OPP
portunity OF seeing the opinion filed by Your
Honor on our motion. Tor new trial and arrest OF
judgment. l can. therefore, only say that while
We bow with respect before the decision
We were sincerely confident that the points
made BY US ON the motion were absolutely unanswer-
ABLE and that different conclusion would DO reached
by Your Honor Under the Judicial system now pre-
vailing 10 the United Your Honor's decision in
this Is recoverable and final, unless Circuit
Judge Will consent Sit, on your Honors invitation,
70 reargument and which. under the law, Is GU
tireiy optional with him. II Ia surprising that in
tree country like own, especially created for The
protection OF the liberty OF the citizen, single ha
man being should tho nnai OF tho citi-
zen's liberty and even OF his lie. No such system
Russia, ana havVsheard
with pleasure from Your Honor expressions strongly
recommending n change. Under these circumstances
respectfully but earnestly suggest that Judgment 10
this be postponed until Circuit Judge can DO Oh
tanned who VIII consent TO with Your Honor IA re-.
view. III may DO that ia the meantime the bill offered
BY Senator Conxing OF our STATE or the one by Sena-
tor DAVIS, late distinguished Judge OF tho Supreme
Court OF tho United states, providing remedy Tor
this abnormal and autocrac system IN the organiza-
Appellate Court will DO passed.
IL which event Your Honor would be released from
Che fearful responsibility now imposed upon you. For
the purpose OF enforcing inns suggestion beg TO call
convicted Uei0re Your Honor for an offence
AGAINST The bankruvtcy law and wLo would have been
mt In fs0uf uP arm uf
had not Your Honor consented 10 invite an associate
Judge TO sit with you In review, aGd had
judge accepted tho invitation. The
result was disag recment between tho Two judges,
enabled the be carried up 70 the supreme
tho law under which Fox convicted unconsti-
tutiona II this practice had not been adopted II
would possibly have happened that Lewis Fox would
have 10 prison unaor absolutely VOID und
Unconstitutional law. Now, while Your HGnor's
Judgment always from US the respectful
obedience yet we cannot conceal IRON ourselves the
knowledge that all human Judgment Is tailibs, and
that On review by another tribunal Your Honor's
decision this would perhaps DO reversed Tho
adoption Of my suggestion would also give Oppor
tuny OF the trial The CIVIL branch Of thus Court OF tho
against the steamships, involving almost the
identical questions tue ut bar and II would
pornaps prevent the occurrence OF scene that hap
poned IN this court lew years ago, IN which jury
the criminal side OF thus court IN involving
tno liberty Of aperson convicted him. while the
civil involving simply his property lie was xc
quited Judge Dit,ennoeer also called attention TO
fact that Ia the statute under which defend
auis were convicted no hard labor could be attached
10 The imprisonment, and the rules OF the Kings
County Psutentiary required hard labor the
OF the Court II be enforced in that prison, would
DO sentence involving hard LABOR, which
cess Of the law He sand he did not propose 10
argre this point bu. sDeneysd. y. % b. his duty
MATTER the purpose OF avoiding future complca-
lions In caso he prisoners wcEe Senisnced u tho
posed, wne the matter could o. reviewed on nsbeas
sorpus 1t would be moro judioious 70 avoid That
plication.
Judge Benedict stated that no recognized the great
responsibility imposed on him, and sincerely do
birous that new system should be adopted but, hav
Ing assumed the responsibility OF his position, ho
prepared to carry II out 10 tue best VI his ability. The
Court then sentenced Owen and Gran 20 two years.
Imprisonment each IN the Kings County PeniLSnti-
Ary, and pay u lne of 900
Tho defendants were then removed and Il Is under.
stood they Will LUDLOW street jan un.
Ill Tuesday, 10 enable them 10 settle some private
Affairs.
AMERICAN SECURITIES IN LONDON.
Mr.. Edwin c. Is. Garsia, OF the firm Of Garsa L. Co.,
brokers. OF this city, claims that in October, 1871 he
arranged with DAVID NJ Kelley 10 negotiate in London
the sale oil FIRST mortgage bonds OF tho Green Bay and
Lake Pepsin Railway Company, a railroad then IN
process oil construction In Wisconsin the Nss,s-
Sippi Rivcr, under contract made with MIR. Kelley.
Tho amount OF bonds TO be placed on the market was
100000 which wore payable, with interest, IN
gold. 1t Is claimed that at the time OF this arrange.
ment $640, 900 worth of these bonds had been sold
In this CITY, and that Mr.. Garsia was gwen q
whom original power OF attorney had been
Livon by the ruilroadcompany 10 sell the rcaiduc Of
bhe bonds IN Europe; that he should be paid ex
penscs ana that he should as brokerage all
that realized the sale OF Tho bonds over sixty
Two and halt per cent OF their par value. Mr.. |
Enrsta alleges further that In compliance with this
Arrangement. no lott Tor Europe November, 1871.
aud that February 1872, he negotiated the sale
OF the bonus with Messrs. Kinnaird Co.. BANKERS Of
London, they agreeing to pay scventyave per cent OF
tho par value OF the bonds. Scarcely had he per-
fecteA these negotiations when, he further !
alleges, he received intelligence that Mr.. Kelley
had sold portion OF the bonds in this |
city, and that, upon comm Heating this fnct |
10 Messrs Kinnard ~ Co. they refused 10 have any. |
thing further to do with the matter Claiming that
his power OF attorney had been revoked Mr.. Gar
STA brings suit against Mr. Kelley Tor sos 900 com.
missions Tor the sale OF bonds Mr. Kelley sets
Green Bay and Lake Pcpsin Railroad Company, and, |
therefore, that the suit cannot lie against
sobaiy; aud he further claims that, having uecomo
tired oi waiting negotiation Tor the sale Of inc bones
by MT. Garsia, ne took tho matter Ia his own hands
here meantime having revoked the power OF attorney
Another suit was commenced by the Green Bay and |
Lake Pepsn Railway Company against Mr. Garsia 10 |
recover some $4,000 advanced 10 him by way of
penses. Judge Dohohue yesterday gave aecisions on
two motious in these SUITS granting motion TO dis
continue In the ono and PERMISSION to put IN IN |
amended answer