New York City Crimes Committed And Their Sentences 1838

 Jail Time Then – Leniency Now

How many people long for the good old days when it comes to punishing crime?

Some people may lament the lack of strict law enforcement in New York today. There has always been crime in New York, but how has crime and its consequences changed?

A Dystopia: 2025 NYC

The modern city is plagued with a variety of violent crime: murder, rape, assaults, armed robbery. For some reason we have come to expect and accept this as part of living in the big city.

Then there is the bane of society: drug dealers and the tangential crime they produce. Add in a proliferation of untreated mental patients terrorizing city streets and don’t forget the occasional looters masquerading as demonstrators and you have a city living on edge. Don’t even bother factoring in all the quality of life crimes like unlimited shoplifting, riding motorcycles in bicycle lanes, drivers flaunting traffic laws with suspended licenses, littering or turnstile jumping. They are now de rigueur and rarely enforced with no jail ramifications.

New York City currently has a lot of crime and very little punishment.

Despite statistics saying crime is down, why is crime worse than ever? Simple. Most crimes are no longer reported, fewer arrests are being made and almost no one goes to jail.

We can thank the voters of New York City and State having placed incompetents into public office to implement poor policies such as closing Rikers Island and promoting outrageous ideas like “Defund The Police.”

The New York DOC web site proudly proclaims “Jail capacity in New York City is being dramatically reduced. The new facilities will have a total capacity of 3,300, requiring 3,544 beds across facilities in Manhattan, Brooklyn, Queens, and the Bronx. Currently, the City’s jail system has 11,300 beds.”

Brilliant. The city has less space to put violent miscreants. Meaning one thing – no jail time for many criminals.

The current solution to city crime seems to turn a blind eye to it unless it is a felony. Even then, the no cash bail required laws and the increase of thugs “released on own recognizance” has increased recidivism drastically. Why should a person who has 10 or more prior arrests be wandering the streets until trial?  When a villain like this commits a murder, everyone is surprised and outraged that they weren’t already being held in jail for their previous crimes.

The atmosphere is to coddle, protect and immediately release criminals rather than let the police, prosecutors and judges do their jobs by arresting, prosecuting and jailing hoodlums. The fact that Manhattan District Attorney Alvin Bragg could ever be elected and in all probability be re-elected is a testament to the idiocy of New York’s voters who say they are fed up with crime.

1838 A Smaller City

So what was crime and “justice” like in New York City in 1838? Murder and violent crime was uncommon. There were a total of 18 murders committed in New York in 1838.  In 1832 there were only two murders. However, the population of the city in the 1830’s was just over 300,000.

Thievery, on the other hand was a regular occurrence. Some of the sentences seem harsh considering the crime. Once someone got to prison their existence was generally miserable with overcrowding, small cells, terrible food, and the frequent use of harsh punishment or outright torture.

This report from The (New York) Morning Herald of January 15, 1838 briefly summarizes the 26 cases and the sentences handed out by the General Sessions Court 187 years ago today on January 13.

GENERAL SESSIONS, SENTENCE Day, Saturday Jan. 13.—

Gottlieb Winter an elderly German, found guilty of stealing fur caps from his employers, was only fined $50 and sheriff’s fees, in consequence of his having a large family and a sick wife.

Maurice Costello and Sylvester Davis, for stealing fur caps from their employers: the former was sentenced to the State Prison for two years and three months; and the latter for two years and six months.

James A. Lunenbourg, found guilty of forging a receipt and receiving money not authorized by his employer, was sent to the state prison for two years.

James Wallace found guilty of stealing a $50 bill. State prison, two years. He had been recommended to mercy.

Elisha Saunder for a forgery in the second degree. State prison five years and three months.

John Brady found guilty of a burglary in the third degree— breaking into the store of Mr. Braisted. He was recommended to mercy, and being only sixteen, was sent to the House of Refuge.

The Recorder here took occasion to observe that the House of Refuge was a most excellent school for a depraved child; and that a number of sea Captains now sailing out of this port, had been formerly inmates of the House of Refuge. A compliment at the expense of our excellent naval commanders, which we do not think they will thank his honor for.

Alvoord Astrich found guilty of firing a pistol at his sweetheart. State prison 7 years and 6 months.

Ann Thompson found guilty of cutting the throat of a young woman who stole her sweetheart. State prison 4 years and 6 months.

John Livingston found guilty of passing counterfeit money. State prison 9 years and 6 months.

George Loomis pleaded guilty to a grand larceny. State prison 4 years and 9 months.

John Hale for the like offence. State prison two years.

Soloman Carpenter for the same. State prison 4 years and 8 months.

Ann Carpenter, (his wife.) for receiving stolen goods. State Prison 4 years and 6 months.

Henry Bartholomew for stealing 700 razor straps. State prison 3 years and 6 months.

Emily Anderson for a constructive larceny. State prison 3 years and 6 months.

Wm. Tranquand for stealing from the entry of a dwelling— State prison 3 years and 6 months.

Paul Frisbie, for stealing a hogshead of china— State prison 4 years and 9 months.

Sarah Francis and Barbera Lowry, for robbing a sea captain near the Five Points—State prison two years.

James Miller, for stealing a quantity of kerseymeres —State prison – 3 years and 6 months.

John H. Newman and Joe Oliver, for stealing a chain cable from Uncle Sam—State prison 3 years and 4 months.

Philip Doran, for stealing silver plate from Boyden, of the Astor House, his employer—State prison 4 years and 8 months.

Gregerie Gonzales and Francisco Gemerrez, both convicted of petit larceny and assault and battery — were sent to the penitentiary for 1 year.

Samuel Harrison, for assault and battery—Penitentiary 6 months.

Wilber Thompson, for the same—Penitentiary 6 months.

John Roberts and Louis Berry, for the same—Penitentiary 3 months.

L.J. Hayne, for brutally beating his own father, and breaking two of his ribs!— Fined 6 cents!!!

The Recorder said he should decide on the case of Frost, the Lobelia man, the first day of the next term.

The Court them adjourned to Monday.

A couple of notes on the crimes.

The harshest sentence of nine years and six months was given to John Livingston for counterfeiting. Apparently the court considered counterfeiting a much more serious crime than assault or attempted murder.

Emily Anderson received  three years for constructive larceny. What is that? According to USLegal.com constructive larceny means the act of stealing, taking or carrying the property of another with the intent to use the same for one’s own purpose. Here there is a conversion of another’s good so that the person taking it can use it for his/her purpose.

James Miller was convicted of stealing kerseymeres which are a fine woolen fabric with a close nap made in fancy twill weaves.

The Herald passes a comment of outrage on the attack made by L.J. Hayne on his father by emphasizing the fine of only six cents with several exclamation points.

The penitentiary in New York was on Blackwell’s Island (now known as Roosevelt Island). The state prison refers to Sing Sing and Auburn prisons.