The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-15
GENERAL SESSIONS-PART 2.
Before Recorder Hackett
VIOLATING THE EXCISE LAW.

VIOLATING THE EXCISE LAW.
Philip Holland and James O'Brien liquor dealers in
the Eighth ward who wore indicted for violating the
Excise law, were called bar for sentence by AS
sistant District Attorney Rollins In December last
with q number of other liquor Dealers they
pleaded guilty and sentence was sus-
pended in order to allow their counsel Mr..
Peter Mitchell and Mr. Denis A. Spellissy, to
Ale afadavits In mitigation OF punishment BY way
OF rebuttai counter aidavits assang the character
of accused filed by the agents of Dr. Crosbys
society. These agents lodged second complaint
against Holland and O'Bren, and another Indictment
was found against them In January. Yesterday the
accused arragned for sentence under the plea of
guilty 70 the first Indictment. Mr.. MITCHELL who ap-
penred for the parties named stated that be had al
lowed his clients TO tender plea of guilty. supposng
that, in view Of the chaotic condition OF the Liquor
law severer penalty than q tue would be inflicted.
Under the circumstances he asked that the de-
PENDANTS DO permitted to withdraw their former plea
tencs would not regard the uniavorabe af1-
davis subsequently filed on the second indictment
found the information OF zeaots WHO, he claimed,
had been permitted TO stab reputable men In tue
dark by adopting the unparalleled course OF present.
ing afidavts after the alleged offence mad been
know lodged. The Recorder intmatcd that 1t was
less to pass sentence mprisonng the defend
ants, though the law empowered Judge ~ sentence
those who violated the Excise law to either hne or
imprisopm In similar 10 this the Governor
IN his ipfnite wisdom intended to instruct him by
granting tho defendants paroon after they had been
sentenced by the Court, and without waiting the
statement of the case which the Governor had
requested to be forwarded to him. II would
then seem II the Governor intended he Court not
10 do what the law distinctly set forth should be
done-nameIy, TO inprlson vioiators Of the Excise
law II ths Governor desired 10 take these matters
into hts hands thon he should do and this
Court should be closed Recorder Hackett said he
there to do his duty as a judge. He respected the
office of the Governor, but his own was also entitled
to respect Under all the instances he preferred
should be tried before the Court OF oyer
and Termner, and then the sentence under the first
Indictment TO which the defendants pleaded guilty,
could be considered. After some further discussion
the matter was allowed to stand over.
ANOTHER BURGLAR DISPOSED OF.
George Johnson, who gave his address as No. q
Second street. arraigned at the bar for trial by
Assistant District Attorney Rollins There two
indictments against him tor burgaries committed at
No. 55 East Houston street and at No. n
on the 81 and Attn inst Tho prisoner pleaded guilty
ana Recorder Hackett sent him 10 the State Prison
for tour years
A LUCKY BELLIGERENT.
Jacob Wielowske, who keeps clothing store at
No. las Chatham street, and who was convicted on
Wednesday Of assaulting Carrie Stone, who claimed
to be his daughtcrinaw, called up for sentence
Recorder Hackett, alter giving tho prisoner whole.
some warning, said he woulo suspend sentence, but
that II he attempted repetition OF his offence he
would be- summoned TO court aud punished.