
    THE STATE against SIMEON VAN HOUTEN.
    The defendant was convicted at the last term, of uttering and publishing as true, a counterfeit ten dollar bank bill, knowing the same to have been false and counterfeit; as he was on bail, he tied between the time of the trial and the rendering of the verdict of the jury. At the Morris Special Oyer and Terminer in [*] June, he appeared publicly in court, on which, Penstingtok, Justice, who presided at the Oyer and Terminer, ordered him taken into custody. He was now brought to the bar that judgment might be rendered. He was also charged on another indictment for a like offence, to which he pleaded guilty; on which, his counsel, by way of mitigation of his punishment, suggested to the court, that his appearance at the Moms Oyer and Terminer, ought to be considered as a voluntary surrender to justice; that since his confinement he had manifested great contrition for his offences, and had disclosed to the officers of justice useful information in respect to his accomplices, and begged the court to punish him by fine, and save him and his family from the disgrace of a sentence of imprisonment in the state prison; the prisoner offering to give all the aid in his power to bring other offenders to justice. It appeared that his wife was a worthy respectable woman, and that he had several young children; several persons of respectability, gave information to the court of the regularity of his conduct since his confinement, and of the sincerity of his contrition.
   The court, however, were of opinion, that the atrocious nature of the crime, and its pernicious consequences to society was such, that it would be improper to pass it over in the way suggested, and sentenced the prisoner to four years solitary confinement at hard labor.

Cited in State v. Stout, 6 Halst. 124; S. C. Ibid. 700.  