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must give the accused the benefit of the doubt and acquit him. If you have no doubt, and are satisfied as to these facts by the evidence that has been given, you must convict him.
THE VERDICT. The Jury, after a short deliberation, returned a verdict of Guilty of the several offenses charged in the indictment, and Ancarola was remanded for sentence.
January 12, 1880. The Prisoner's Counsel, having moved for a new trial before Judge BLATCHFORD, and a new trial having been refused, the Prisoner appeared today for sentence.
Judge BENEDICT. The prisoner at the bar has been duly convicted of the crime of bringing into this country certain persons inveigled in another country, with intent to hold such persons to an involuntary service.
The punishment prescribed by the statute for this crime is imprisonment for a term not exceding five years, and a fine not exceeding five thousand dollars. The conviction was had upon three indictments, charging three separate offenses, and there was evidence tending to show that the prisoner was liable to conviction upon four other similar indictments on file in this Court. He not only brought into this country the three boys of tender years mentioned in the indictment upon which he was tried, but also four other boys under like unlawful circumstances.
There was no ignorance on the part of the prisoner respecting the character of the transactions in which he was engaged. The law has been upon the statute-book for several years, and the evidence given at the trial showed actual
nated. Admittenristophet; U. Giustice Supra's ci
• BLATCHFORD, Samuel (1820-1893). Born New York City. Graduated Columbia 1837. Private Secretary to Governor Seward 18391841. Admitted to Bar 1842. Practiced law as partner of Wm. H. Seward and Christopher Morgan (Auburn, N. Y.) 1845. Removed to New York City 1854; U. S. District Judge 1867; U. S. Circuit Judge 1878-1882. Associate Justice Supreme Court of the United States 1882-1893. Reporter of Blatchford's Circuit Court Reports, and Trustee Columbia College.
knowledge by the prisoner that he was violating the law. My attention has been called, in behalf of the prisoner, to the fact that this is the first conviction under the law. It is the first conviction, but I do not know that it is the first violation of the law. My desire on this occasion is to inflict a punishment that will tend to prevent violations of this law in the future, and, it may be, make this, the first conviction, also the last. I am anxious to avoid undue severity, and at the same time so to administer the law in this case as to prevent the commission of similar crimes by others.
The sentence of the Court upon the indictment numbered one, for the offenses therein charged, is that the prisoner at the bar be imprisoned for the term of five years, and pay a fine of one dollar, the sentence to be executed in the Albany Penitentiary. The sentence upon the second and third indictments will be suspended.