New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-13
SCENES IN THE COURT ROOM.

jOurned from time to time. owing to the absence Of
Judge Daniels from tine city on important business
in his judicial department. The Court Of Oyer and
Terminer convened Tuesday last, and Genet appeared
before it, but an adjournment was granted at the
request of the prisoners counsel, William A. Beach,
in order to allow him further time to prepare certain
matters to be presented to the court with view to
effect mitigation of the sentence to be passed.
District Attorney Rollins, upon the opening Of the
court yesterday moved that the sentence which
had been delayed so long, be passed upon Genet who
was present. Mr.. Rollins said he had nothing to
urge in aggravaton of the sentence, and was Per-
fecty willing to leave the whole matter to the dis
creton of Judge Daniels, who familiar with all
the circumstances of the case.
Mr. Beach, in urging the claims OF the prisoner to
the eniency of the Court referred to some features
Of the trial in order to supplement and support the
papers which he intended to submit in mitigation OK
the sentence Several important witnesses he said,'
had not been called the trial who, had they test
fed, would have turned the scales in the prisoners
favor. The time of the trial most unfortunate;
the public mind was exasperated by the frauds OF
the Tweed Ring it was inclined to look with sus-
pcIon upon all persons connected with the City Gov
eminent This spirit, pervaded the whole cOmmu-
nifty, and bad, he thought, invaded the jury box.
The law was not vindictive, and whatever the per-
sons past life might have been, the man upon whom
the Court was now called to pass sentence stood high
in the respect and esteem of the community IN which
he now lives Mr. Beach claimed that the punish
ment to be inflicted ought to accommodate itself 10
the altered sense of the publc in the matter
lie read an affidavit by Genet, in which the prisoner
told his story of his connection wi tn the b Genet
went with Edward A. Moore, at that time Superln-
tendent of Streets and John White to John Nc
Bride DavidsOns store in Broadway, opposite the
MetropOtan Hotel and gave Davidson memo mel To-
him for the Court House. Davidson was standing
at his desk when the memorandum was banded to
him. and went on with the business with which ne
was engaged, while Moore and Genet passed on into
a back office where they found Henry Smith, then
Police Commissioner. Davidson about half an
hOnr afterward came into the back office and gave
the bill to Genet with the request that he take IT TO
Tweed. This, Genet declares, was all that LIE mad 70
do with the bill.
Jurors in which Judge Daniels is asked not to SEN
tence Genet to imprisonment, and asserting their
conviction that all the demands OF Justice would M pc
other Jurors Is living at present III Illinois, ana let
ter was produced from him in which he authorizes
Mr. Beach to sign the petition for him. The twelfth
Juror At was stated. could not be found The names
Of the jurors A. Fl. Welsh, Samuel baron jacob
Kapp John c, Babcock. NJ. Frankel, Valentine
Schneider, Nathan Hart, Charles Folsom, samuel
Ross Andrew T. Anderson, Robert Anderson and l..
Barnhardt, of whom the first ten signed the petit
ton. Mr.. Beach also read petition, IN IN
rors, and signed by nlnety-one men. among
whom the most prominent are - eA-May2r
Knapp, the Rev. DIR. Gallaudet, August Belmont, r.
G. ROlston, L. F. Harris president OF the Nassau
National Bank, Thomas B. Tappen president Of the
Harlem Savings Bank. supplemental petition was
annexed TO the above paper and signed By rhurlow
Weed, Henry \. Smith, j. h. Sheldon, Aiexsnder
Taylor. jr J. S. Myers, E. G. Gilmore, J. H. Miller
William Dowd. Moses B. Maclay, james X. Smith
and Jordan l.. Mott 1t is stated as the belief OF the
petitioners that fine will satisfy the public con;
science, and accomplish the end designed BY all
punishment"
Another affidavit by Genet was read to the effect
that his conviction had caused his hnanciai rum;
judgments to the amount of $1,000 were en-
tered against him after his departure from the city,
and cages fOreclosed on his real estate by
been dependent, he AYERS, during the last year upon
the bounty of his friends Sheppard F. Knapp and
Thomas PiersOn, who had further assured hum thar
they would assist him to pay any fine which mlght
be imposed. In this affidavit Genet admits that he
acted very ndscrcety after the trial tnt reaSsers
his innocence, and throws himself upon the clemencv
of the Court. Affidavts of Mr.. Knapp and Nr.
Person were also read, in whIch they say that Their
assistance to Genet was tended out Of their conn
dence in his - honor and integrity.
Mr.. Beach next read letter written by the Kew.
Mr. Ramsey, of Harlem, which was directed To
private friend and not intended 10 be used on be-
half of the prisoner. Mr. Ramsey said that he
lived in the same house with Genet, and had
learned to respect him highly. He also refers TO
the fortitude and loyal devotion Of Mrs. Genet TO
her husband during his misfortunes, and says that
her health has at last broken down under tbe
strain to which she has been subjected Genet, VINO
had looked worn and baggard before, could no
longer control his feelings when MI. Beach read
the part of the letter referring TO his wife and put
ting his handkerchief TO his eyes cried freely. As
be struggled TO regain his composure large beads
of sweat stood ont upon his forehead.
The Clerk of the Court when 1ir Beach had con-
Guided his speech, called upon tue prisoner TO fl5e
and say why the sentence of the Court should not be
passed upon him. Genet arose. but declined TO ADD
anything to what had been already SAID 6y hs
COUNSEL, He supported himself On the back OF a
chair. and looked almost constantly at Tie cellhg
while Judge Daniels was speaking ..-.,..,, L..
Judge Daniels referred to the ainiavils wHicn na4
been read to show the prisoners INNOCENCE, ana
said that it was not at all surprising that discrep-
ancy should appear between the statements OF men
who testified on the trial and of men who now swear
10 what then occurred; aud he was Of the Opin-
ion that the testimony which was gwen when the
events were fresh in mems minds must prevail oTsr
reviewed at length Genets conduct III conOectiOH
with the Davidson bill, and declared he felt satisfied
that the Jurors were justified IN finding as they hao
DONE He would be glad to listen TO the touching
appeal for clemency made Dy MIS-. Genet on
behalf of her husband, but the Court had only one
duty-namely. to see that the law was sus:
tained. The only thing in mitigation or
the sentence which the Court could con-
slider was the effect which the c9nvction
had had upon the prisoner at the time he had been
deprived of his Office as State Senator. and had
been expelled from the bar OF which he was a MEM
ber In view of all the circumstances IN the case
Judge Daniels said he did not think that Genev
oupbt TO be imprisoned in the State Prison., but on
the other hand he did not think that mere ine was
sufficient. The sentence of the Court was aecsso
10 be imprisonment for eight months IN the Peniteh-
tiary of The City of New-York, and hne ~ 6O4;
Genet, upon hearing the sentence looked rs u ~,
were severer than he had hoped for ad nlluer Iust
he had feared Inc limits in the case preseripSd py
the statute are imprisonment in the state Prison
for three wears and fine of four times the value OF
the property embezzed on the one hanu' ana nne
of cents on the other. al
Genet is man about ifty-fve years Of age, and
rather above the medium size. HIS hair and Wills
keTs which were probably once brown. are already
orav and his eyes are dull and leaden-colored. he
was admitted to the bar Of the Supreme Court a1ous
twenty-five years ago, and was az one tine Clerk OF
the CITY and County of New-fOrk, and when his
trial came of was member Of the State Senate. lie
was employed as counsel for the Harlem Conrt
House Commissioners when the offence upon whlcn