New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-15
CAREY GETS A YEAR.
SENTENCED TO THE PENITENTIARY BY
JUDGE FITZGERALD.

TIE POINTS RAISED BY COUNSEL FOR THE
"As7oR TRAMP. ovERRULED By THE
CouRT-THE CASE TO BE APPEALED
John Garvey. the "Astor tramp" was SEN
fenced to one year in the penitentiary by Judge
FITZGERALD in Part II of General Sessions ycs'er-
dav morning When he was arraigned Mr. Stay
ton his counsel, moved that he be discharged
on the ground that the record was incorrect, and
asked for an amendment thereof. lie had am
davi,s from nine of the jurors. one OF which
no read aloud stating that in their verdict they
had not considered the subject of intent, ana
that the record was wrong in that regard Judge
FITZGERALD asked if that was the substance Oh al
the affidavits Mr. Stayton said that they were
substantially the same
my answer to this corrected vefdict Vi 'he
Jury" said Judge Fitzgerald. rs that 'he Coui'
instructed the jury fully concerning the charges
against the defendant. The counsellor iof the
defendant admits that the charge Was eoi'ee"
and took no exceptions to 1t.
None at ALL" said Mr. Stayton.
1T is the presumption of the Ia" tha' '"e
twelve men are capable OF correctly coiipre-
bending The instructions Of the Court ana 'ha'
their verdict is to be taken according to the
Co,r,.s charge This charge did not admit Of
martial verdict The jury were compeheu 70
bring in a verdict either Of MOI gui'! Ut Vi
guilty. as charged la the indictment: so
Mr. Staytor asked that the aiu i ~ w
@ mart az the record. and took an exception we
submit" he said. that the verdict. even as re- e.
corded does not come under the provisions Vi
Section sos. IT.. - .,,;s s,h;act
The Court has read your brief on tnis supJec,
and thinks that the decision YOU quote oPera',Is
against YOU Che case of Miller VS.. Inc feopie,
Ssth HUM more than in your favor. men YOU
alluded to this yesterday TOOK pam W
look il ND and | find that far from sustaiiIi, i
your port the decision III IL - ul"', .Th a. ,s
opposed to what you uesiie "'V W ~
ton is denied. ,ao E,,,
Nr Stayton took an exception Judge ri'~-
gerald then proceeded to pass sentence; ,r
This defendant" he said was treu on al, ~.
d,ctment that originally charged him win our
risr,ouslv entering dwelling house for the pur-
nose Of committing crime. In the lnolCtnie t,
there were two other counts charging u.'a Jt
entry for the purpose of committing VrIIe' ~
thera had been any evidence OF breaKase tne
Cnnrt vould have had to let the case 60 10 me
iurv on burglary in the second degree. IN
Court was forced 10 eliminate that count nv.
evidence in relation TO the other counts va .
the defendant did enter the mousse anu .'ie 49,
~, determining the matter reached the only req,
snnah,a conclusion to which II could point. II
the defendant went in for any otheT man d
criuina, purpose. ne did not so state ne say :
he vent in there TO go &c sleep. his acl!ohs III
l;,otad ~ me that he was either an insane man.
without n motive or that ne was sane man
who went in there with motive. me nIo'N'
ascribed 10 him was the on 3 reasonable one
"This defendant appeared upon the Wines
stand. and, so far as the SCurt r"ulu 100 80 M
appeared to be a fairly Intelligent man an. ~. ~
circumstances has been suggested 10 the tOuI''
either upon mis- examination during the uial ~
sinca his conviction that would "di'dh' 'i-
Court in view Of the necessity o. pToleC"hs ~
ord nronertv in this community. TO impose a less
sentence than one year in the pen:tenuarH.
Motions for new trial and stay were ue-
MED Mr. Stayton says he Will appeal inc case