New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-20
THE PROCEEDINGS IN COURT.

THE PROCEEDINGS IN COURT.
COLONEL JAMEs's MOTIONS AND HOW THEY
WE'RE DISPOSED OF
Colonel f c. James. counsel for the defence
moved for new trial. which was denied. and
the Colonel took exception.
He then moved for arrest Of judgment. on
the ground that the facts stated In the indict-
men, ID not constitute crime. This motion
was denied and an exception taken.
The next move was for suspension Of sentence
during good behavior
Colonel James said:
The defendant In this case has heretofore had
clean record. so far tho provisions % this
Penal code are concerned. He has never been
charged with felony or crliu" He j.
whose aid has been sought by many: who's" ken
crosby has been shared hy many: whose i.i' n!shp
les, OF the credit Of "A man than that b" stands
we'll among his ncighbors and ncquantanc"s In The
MS sefondants standing hy that ies, think tha,
ali Will agree with me that hts character has been
unmpeachahle.
The Court-All 7 can say in regard 20 this
application Of the defence IS that DO not con-
slider that the circumstances In this case call
for any possible exercise Of such clemency. ana
the motion IL denied.
Colonel James then asked FOR n biz Of excep-
lions under section ihN oi lN' 'IlllllhdI ''''
Eve ask for thirty days in which ~ prepare
H." said Colonel James. Turning To counsel Tor
the defence he asked: rs there any objection
to that"
General Tracy-No.
The Court granted this application.
Colonel James then asked for n stay OF exccu-
ton Of Judgment for twenty days to enable the
defendant to move for a certificate Of reasonable
doubt.
Mr. Shepard objected that before the motion
was made judgment should be pronounced.
Colonel James then said that he would wait
for this.
MR.. SHEPARD MOVES FOR JUDGMENT.
Mr. Shepard then moved for judgment. saying:
on the part OF the people move for Judgment
Ing the form ami measure Of the judgment Certain
matter. which have been mentioned hy Colonel
prisoner II appears here that the prisoner has been
"A who has been In public III" fog considerable
porichce: man familiar with the law. himself. -
a considerable "xtcHt. m administrator or the law.
what the jury has convicted him % doing. ard We
DO not perceive in his station ana his experience
any reason that can with proprriy J." addressed 10
the Court In diuinution Of the severity OF The
W. hardly need address to the Court any consl-
Grafton OF The large and sweeping character % he
Your Honor's mind.
We feel bound To say. also. that in the course OF
the trial several aggrtvaiions Of the offence com
mitt"l by the defendant have been presented; his
insolent disregard OF right ana IN" briialites per
sonay visited bv him under his ey'. and with hi]
direct sanction and his direct command. upon ine
copyists who went To- Gravrscnl on the SATURDAY
might before the election. and upon the citizens who
went to Gravrsend on the morning oi IN" election
in themselves constituted 4 number OF crimes. which
nave been satisfactorily and indeed overwhelmingly
proved IN the course Of tins trial
The perjury committed by ms defendant IN tle
course Of this trial. and the special perjury com
mittcd by him upon the mnndimus proceedings N
order 10 defeat justice ana promote me crime OF
which hc here convicted we submit To NE
consideration which should rest In the mind 81 the
Court I'm pronouncng sentence
ON the Other hand. the Jury has made a recon-
incubation. We DO not share the opinion 81 In,
that the fury body Of highly intelligent and most
conscientious VINO listened patiently 10 me long
presentation of the case. VINO h"fh IN" testimony
presented In behalf Of the Defendant, nav" III one
feature OF the Gaze differed with us TINS feature
II IL true" is not on" that II - "'hn in'i P'Wrr 10
enforce. SIM 1t Is The opinion or iimprrsSion m OF
these twelve men. for whom We must AZ nave erh.
respect and Will" We do not f"el on ne ihrt OF me
people that w, are At liberty To- adopt the view Of
Tine jnr yet We d9 n1 is an wc they have
chosen 10 make 50 / an a.ilori2rd by any as,o-
prosecution ihafwc approve "A substantial Difference;
ON The part OF the Court 10 the recofnmcniatioh
which the Jury has chosen To- mai Dm ,rSe con-
sideratOns | submit the motion Tor judgment
COLONEL. LANES REPLIES TO ME-. SHEPARD
Colonel lanes replied to General Tracy's mo-
| ton by saying:
II 10 sorn.what extraordinary IN criminal pro-
| That the prosecuting officer .snould Wt"
| ti,- rigorous sentence. Inc sentence
| f. he impos,d within the Latitude pr"ScTb"t by
stn,f. r.sts with the judgment. ia" conscience ana
thc mercy Of the Court IN TINS case t,lr jury hfS
| rrr,u,ue1lrI Tie prisoner 10 mercy me reasons
| ,,hv I, diI <, ar. Dubious. Throughout TINS case
nor. has been an gfnOsph"r' tHIonSnout All TINS
| cn,ntourIfv of excitement and peculiar interest,"
,hiri h,s given tone the public press ana tended
", .,"en IRE iIdice against thr defendant Ihe
| It'll -. ,,. court must certainly nave brth Tree
ni'iu 10 t,iice throughout. The minds OF these
."ii, 1870 ,.bo heard the case through the pro-
49,, y,ri,i must have ben IRE" rom pfeJuiice
| n'SS' ,,.n ,hesa we've men. sworn 10 ts-cut" 4
hhh VIZ ,,,rr, bv them and idInfui In Itself have
"u'E ,'v h,r F,i,rJ with th~ recommendation OF thu
| cioS'' ~ Tho mercy Of IA" Court II Stems III
| CrIeni1.' ga, nuueii shou,i be- heard above any
| III" t"ht o...,,ns.i 'upDa ether SD.
wnu :" ~, occasion IN this case for V!ndcilNenesS
n'ic nDou,,h III this man VINO has Hitherto
Is IL n' ,,r in This community. ana VINO mas fallen
siooi 81 w e"tate through this conviction. should
| 10 ' i sssmterce without rlBoT beng applied!
| receive -. Lnnw that any words OF mine can in
| GO ~ ,,a,ern,InatlOn at which Your Honor may
| fucnce H. NV arrived. But DO nope and believe
have alrr,s Rehabilitation for mercy Of this jury Ia.
| that thn re- ~ weight. ard that In this case. In
| been EINNrnv shall season ju'iic"
,,,ncr BARTLETT IMPOSES SENTENCE.
,,o,,ane was sworn and gave his name ad'
,nass occupation. etc. to the clerk. He was