People v. Walter Bennett, Appeal: Judgment

People v. Walter Bennett, appeal


At a Court of General Sessions of the
Peace of the City and County of
New York, holden in and for the
County of New York, at the
Building for Criminal Courts in
the Borough of Manhattan of the
said City, on Monday, the eighth
day of June, in the year of our
Lord one thousand nine hundred
and three.

Present - The Honorable JOHN W. GOFF, Recorder of the County of New York, Justice.

Walter Bennett is in due form of the law arraigned at the bar upon an indictment for Sodomy in that he, on February 22, 1903, feloniously did carnally know one George Galbert by and with the anus, and having heard the indictment read and being asked whether he demanded a trial thereon, answers that he does require a trial, and says that he is not guilty thereof.

Whereupon the following jury is balloted and sworn to well and truly try and a true verdict give according to evidence, viz:

Dionysius Tremblath, Robert B. Minis, William Kennelly, Robert L. Zetsche, Benjamin Levi, David Davis, Bernard Cohen, Simon Abrahams, Louis S. Sampson, William E. McKeen, Wolf Sohmer, Jacob Lewis, who, upon their oath aforesaid, do say that the said Walter Bennett is guilty of Sodomy as by the indictment is alleged against him.

Friday Morning, June 26, 1903.

Court meets. Present as before.
The defendant is arraigned at the bar.
The District Attorney moves for judgment against the defendant.

It is thereupon demanded of the said Walter Bennett what he hath to say why judgment should not be pronounced against him according to law, who nothing further saith unless as before he hath said.

Whereupon it is considered, ordered and adjudge by the Court, that the said Walter Bennett for the felony aforesaid whereof he is convicted as aforesaid, be imprisoned in the State Prison at hard labor for the term of seven years and tow months.

A true extract from the minutes.

Clerk of Court


In and For the County of New York


Before Honorable John W. Goff, Recorder, and a Jury.

Indicted for Sodomy
Indictment filed March 14th, 1903.

Assistant District Attorney James R. Ely for the People
Messrs Greenthal & Greenthal for the defense

New York, May 8th, 1903

Mr. Ely: If your honor please, before opening to the jury, I would ask to have all the witnesses on both sides excluded from the Court room.

The Court: Yes.

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