The New York herald., 1879-07-14
JAKE" BERRY'S SENTENCE.

REASONS WHICH INDUCED THE COMMUrATION
BY THE OBSERVATION-DISCLOSURES BY The
JURY, THE DISTRICT ATTORNEY AND RECORDER
HACKErT.
ALBANY. July 1S. 1879.
The sentence of Jake" Berry for keeping disor-
derby house commuted by the Governor from
eight months Imprisonment and $3.50 fine to sixty
days Imprisonment and the remission OF the fine.
There was pardon issued. The papers and petit
tons for the pardon upon which the communication
granted very numerous and very strong.
Among these q certificate from the proprietor
Of the Opera House, for keeping which Berry
convicted. that the prisoner had had connection
with the place since March ago. to contradict
the report that he had continued the establishment
after his arrest.
CERTIFICATE JURY.
The twelve jurymen who rendered q verdict Of
guilty certify that they accompanied the verdict with
q recommendation to mercy. and one jurym Mar
tin Brommerhop, makes declaration at some length
to the effect that he with others opposed conviction.
and after time in deliberation the jury being
unable to agree. the foreman instructed to
nounce the failure to agree to the Court. Upon his
doing the Judge (Recorder Hackett) angrily de-
clared that if they did not back and render
dict in fifteen minutes he would lock them up.
Brummerhop being frightened by the remarks re-
turned with the jury and Immediately withdrew his
opposition to verdict of guilty, which then
rendered. petition signed by about hundred
that Berry was orderly and well behaved man. OF
excellent character, kind husband and o good cIti-
zen.
BERRY's PERSONAL PLEA.
personal plea from Berry states that he gave up
the Opera House the night 1t was seized
keeping IL was deemed contrary to law. although he
thereby lost Sl0000 that of the ten twelve per-
arrested all but himself to Dr. Crosby and
thereupon prosecution OF them ceased that he after
ward went to Dr. Crosby and apparently enlisted his
sympathy. but that afterward when appealed to to
intercede with the Governor tor pardon he declared
haf ha and (,nv mot A1dS an1r
fused to do So A certificate from Dr. T. s. Bunker
is also enclosed, stating that Berry mother
strongly affected by his position that she Is pros
traed and unable to take any food, and will die OF
broken heart II he is not speed ly released.
THR DISTRICT ATTORNEYS STATEMENT.
District Attorney Phelps writes under date of
Juney:
The purpose the trial by break
ing the place which kept by the prisoner which has
and that there Is danger that the
defendant will undertake similar business In
his course dn appealing from his original sentence to
bad advice he had submitted TO the judgment of the
Court in the first instance the whole punishment would
have been over by this time with much less expense 10
him.
RECORDER HAcKErr's LETTER.
Recorder Hackett himself writes. under date Of
June Z. as follows:-
Some friends mine have called with reference to
jacob Berry and represent that the prisoner
radically bad that he has excellent wife and
lily. who suffering great misery from his long
tinued Imprisonment. aud that his life of rgor has
Exceency In committing the balance Of the sentence his
health and honesty be effected by force OF
good friends. And think had had these presenta-
tons before made they have been done
liable friend: Of mine should have been much dis.
posed TO remit his sentence to much less shall
be glad IL IL please Your Exceliency to do so.