Star.
London, England, 1815-12-09 00:00:00

AMBRICA.

HORRIWLE CRUELTY AND MERCY MISAPPLIED.
EXTRACT FROM THE New YORK COMMIRCIAj.
ADYERTNER, NOV. 3.

By the following article, which we copy from The
.Raleigh (North Carolina) Star. it appears that Joke
R. Code, wh., was lately convicted in the Superior
Court of North Carolina, of murdering a negro,
has been pafcloned by the Governor of that State.
To this paragraph we subjoin a report of the trial of
Cooke. By the trial it viill.be seen, that the murder
was one of the most atrocious ever committed. It
is also the first instance of the murder of a person,
of colour since the recent enactment of a law in that.
State, affixing to this crime the punishment of death.
The Governor, by pardoning this.firii offender, whose
crime ton was accompanied with the must aggravated
and barbarous cruelty, has completely disarmed the
law of its terror. He has rendered the law 4, a dead
letter ;" and the old opinion that it is less criminal,
and deserving a milder punishment, to murder a co-
loured than a white man (an opinion supported by no
shadow of moral principle), will again at least prac-
tically prevail throughout that State. Indeed, this
opinion, as will be seen in the paragraph from the
Raleigh Paper, is already urged by some of the de-
luded people in justification of the Governor's con-
duct 'n this occasion :

John R. Cooke, one of the murderers of the negro '
Stephen, who was, pursuant to his sentence, to have
been banged in this city on Friday last, was pardon-eel
at the gallows by his Excellency the Governor. On
that day he was biought nut of gaol, seated on his
coffin in a cart, and carried to the gallows: after re-
maining some time, and hearing the discourse of some
pious men who attended him, a noose was put round
his neck, and the cap drawn over his eyes. He now
began seriously to'think it was really intended to hang
hint, which he had nut believed before. He asked the
Sheriff if he had not a pardon for him ; the Sheriff
said net, and ordered the carter to drive off. The
criminal tlim moaned bitterly, when Mr. S. T. San-
ders, the Governor's Secretary, stepped up and handed
the Sheriff a pardon, and Cooke was immediately
turned loose."

Numerous petitions were presented to the Gutter.
nor in his iavour. Many thought it hard to being
Cooke, when it was believed Davis and Heflin were
equally guilty, and his brother Joe Cooke almost
equally so. Some thought', as this was the first in-
*ranee in which a white man had ever been convicted
for killing a negro, it would be impolitic to hanghiin
si liner oectedly ; and others. believe that it would be
wrong in all respects to hang a white man for killing
a negrik; but, whatever might have been the motives
of his Excellency, we hear no dissatisfac it:a expressed
by any at this act of clemency. Yet we think it may
be well to widen
.the unwary against a repetition of
the too common practico of whipping negroes to
death, as the Court have shown a disposition to bring
offenders to account, and executive interposition may
not be expected in all cases : 1

SUPERIOR COURT OF LAW.-WAKE COUNTY.
OCTOBER TERM, 18/50.-.SEAWELL..T.

THE STATE V. JOHN R. COOKE, JOHN DAVIS, SAMUEL
/JULY. AND WILLIAM HEPLIN (NAT APPREHENDED).
ON A CHARGE OP MURDERING A NEGRO MAN CALLED

STEPHEN. THE PROPS/41T OF bAID DAILY.

-The Grand Jury found a tree bill, and Jane R.
Cooke was first put on his trial. The following is a
summary of the evidence;
Mr. Weather/ deposed, that about six or seven
miles from Raleigh, be was driving his waggon and
was overtaken by the Prisoner and Hcflin, with the
slave ; that they were on the to id to the Falls of
Neuse, and requested the witness to ride behind one
of them to Stevens's, a kw miles a he.:d ; witness
did so, and they-rode a smart travelling gait, the ne-
gro pinioned and keeping up, principally on a tun.
On their arrival at Stevens's, Mrs. Stevens deposed
the negro appeired much exhausted ; that Prisoner
and Heflin•called for spirits ; they offered the negro
some, who begged for water ; Heflin rebuked him,
handed him a glass with spirits, and upon the ne.
pro's tasting slightly, threw the spirits in his face.—
Soon after John Davis arrived, and interrogated.the
deceased respecting a runaway ; the deceased pro-
tested his ignorance of Davis's runaway ; upon which
Davis proposed he should be bung up to the horse-
rack ar. I whipped ; the Priioner (who all along had
the custody of tit_ slave) in a short time took him to
the rack, pulled down his breeches and rolled up his
!hitt, blindfolded him, and was about to commence
whopping. At this time Davis stepped forward and
drew the rope so tight as almost to suspend the de-
ceased from the ground. He was then severely
whipped, continuing to persist in his ignorance in re-
spect to the runaway.
Mrs. Stevens further deposed, that s%e begged and
requested that the negro should be whipped HO more
at her house, upcn which Davis remarked that upon
taking him to some tog (which witness could not
design ate) the truth would come out—and witness
further stated, that a high quarrel took place be.,
tween Heflin and the Prisoner with respect to which
of them should whip the deceased, whilst at the'
horse-rack—that finally they all went off together,
viz. the Prisoner, Heflin, Davis, and Rochelle (a
'witness) without giving the deceased any water;
that Prisoner and Heflin had each' a swatch in their
hands, and started in a fast trot, with the deceased
keeping up.
Rochelle; who was sworn as a witness for prisenet,
stated, that he happened at Stevens's upon the solici-
tation of Davis for the sake of company, and that it
was three miles ont of his way (and it appeared al-
ready in evidence that the &stance Rochelle had tr.,-
yelled after the point at which their respective routes
separated,_was out of the way, and that the distance
travelled for company's sake was about three miles,
making, from the point of separation, a triangle);
he represented the whipping at th.: horse-rack as
slight, not exceeding 15 lashes, and said that pri-
soner protested that na one should whip hut himself;
and this witness stated, that die digplite between pti-
soner and Heflin was, because Heflin whipped too
hard. This witness further stated, that he interceded
with Davis to change his route,and go with prisoner
and Heflin to y;; event their abusing the slave, for he
expreuly said, that when Davis anived at Stevens's,'
it was his intention to go another road by the falls of
Neuse:. Witness further deolsrcd, that Primer and
Haw went on• faster than he and Davis; that they
were overtaken; that 'prisoner requested Davis to

carry the slave till he should kite the road--c where
he went—what he stopped for...seemed not to be ac-
counted for by the prisoner)—that prisoner overtook
them in traveUir.g about four miles, slowly ; that the
prisoner there received the deceased from Davis, aid
in a short distance turned into the woods with him ;
that be. again interceded with Davis to follow the
prisoner, for the purpose of pleading for the deceased;
that Davis went off; that be beard the crack of whips
from the direction they went, but did nut know•hew
many, bot, thougbt not exceeding seven or eigte;
that Davis left his bone in the road, and that shortly
afterwards prisoner and Davis came back with the
deceased. The prisoner went on with the negro, ix)d
Davis returned to them and mounted his horse: tlat
Heflin accompanied prisoner on, and that in a kw
'hundred yards prisoner and Heflin turned into the
woods to a log. The deceased being placed on the
log lengthways, and stripped in the like manner as
at Stevens's, Heflin pressed the negro's legs severely,
upon which the slave exclaimed-lie would break them ;
Heflin rebuked him, and declared he did not cute ;
that prisoner declared they would kill him, but they
would get the truth : that here another quarrel took
place between the prisoner and Hain, and of the
same nature as the one at Stevens's.

Jackson, a witness for the State, deposed that he
overtook the party at the time prisoner and Davis
were in the woods : that he heard a heating in the
woods with 44 sticks, or something like a person get-
ting tan-bark ;" that when they returned lathe road,
they' were both on horseback, prisoner holding the
rope the negro was tied with ; and that when the dis-
pute took place at the log ( where he describes the
slave to have been placed, and the conversation about
kiliwg, but they would have the truth as stated by
the witness Rochelle) that it was a contention who
show i whip, not that prisoner thought Heflin whip-
ped too hard ; both witnesses agree, that in conse-
quence of the dispute, but a few stripes were inflict-
ed. Both these witnesses concur that the slave kept
up in good road, and was before in brcken ; and that
they travelled fast, the horse in a chair, several times
in good road, struck up a gallop.
Jackson, the States' witness, deposed, that the
slave appeared greatly exhausted ; that in crossing a
creek he begged for water, and was informed by pri-
soner he might drink if he could ; that being pinioned
he could not support himself with his hands, and
that he got down in the water on his knees to drink,
prisoner's horse moved off, which drew the slave
prostrate, at which prisoner laughed.—Cßochelle, the
witness for defendant, here said prisoner cursed his
horse, but laughed. Rochelle also, did not think
the slave exhausted, or so much fatigued.l—Jackson
mentioned, that the slave stopped twice opposite the
house of a Mr. Gallihon, when he ' appeared ex-
hausted and quivered all over, at both which times
the prisoner gave him two severe strokes with his
long hickory before he would start.—(Rochelle con-
coned in this part of Jackson's evidence, but differed
as to the fatigue of the slave.)—Jackson's evidence
was entirely confirmed by Mr. Gallihon, who depo-
sed, that about sun-set he was in his yard, at a short
distance from the road, rather farther than the front
of the gaol to the court-house, or perhaps about as
far; that he heard people coming, and heard several
cracks of a switch before- they came in sight ; that
the foremost was the prisoner, with the slave, who
had a rope round his neck and his arms pinioned, the
slave in a ran ; that the slave stopped suddenly, when
prisoner gave him two severe strokes before he would
move; that he ran about thirty or forty yards further
and stopped, when prisoner gave him two other se-
vere strokes before he moved; that he appeared to
him, from the manner of his gait, and the severity
it required to move him, that he was greatly fati-
gued; from Raleigh to the house of this witness is
fourteen miles, to go by Stevens's it is 17. Jackson
and Rochelle state, that they kept the same gait from
Gallihon's to near Joseph Cooke's : that they had
travelled from the time that Davis and prisoner came
out of the woods together; that the distance from
Gallihon's to Joseph Cooke's is about tour miles, and
that they got there by dark ; that the distance from
Gallihon's back to Stevens's is nine miles (about few
miles of which Rochelle said Davis travelled slowly
with the slave) but the other part of the way from
Stevens's to near Cooke's, IS miles in all was tra-,
veiled at the rate already stated, namely, the slave
kept up, and that prisoner oat-travelled them in a
bad road, and that the chair-horse. once or twice
struck a gallop ; both these witnesses also concur that
prisoner and Heflin were the active persons in the
transaction ' • that Davis rode behind, sometimes a
hundred yards, or rather that prisoner and Heflin
out-rode him ; that at the quarrel at the log between
prisoner and Heflin, Davis directed them to be peace-
able, and threatened to send them to gaol if he could
get men enough to carry them, if they fought ; none
of them, say that be ever interfered in behalf of the
slave, either to save him from whipping, or to mo-
derate his gait in travelling. Rochelle states, that
Davis declared his intention to take his path fur home
(which left the read to the right before reaching Jo-
seph Cooke's) that be again requested him to gu on
to prevent the negro being injured, and that ,he did
go on with the party. Jackson states, he left the road'
near Joseph Caokesi and that prisoner; Heflin,
Davis, and Jos. Cooke went on—but said nothing of
the interference of Rochelle with. Davis.

Joseph Cooke, a brother of the prisoner, was intro-
duced for the State, who stated that the prisons., left
Raleigh the 4th of July, about two-o'clock in the
afternoon; that some two or three hours afterwards
he left town, with Jackson, the witness, in a chair,
that they did not go by Stevens's. but three miles
higher • that be overtook the party at the time and
place already stated by Jackson and Rochelle, when
prisoner and Davis had the slave in the woods; he
represented the quarrel between prisoner and Heflin
at the log, to be in consequence of the prisoner's de-
claring that the slave was in his possession, and that
he would not suffer any other person to interfere, lest
the slave might be killed, or injured so that his mas-
ter would pot receive him; or that be might have him
to pay for : he stated the tra'elling gait as already
stated by lichee, and also that he heard the whip-
ping in the woods where be first came up ; he also
mentioned, upon examination, the falling in the creek,
and beating before and opposite Gailihon's, fre-
quently before they reached his house, and after.
wards, and says it was about dark when they reached
his house, being about sit miles from Raleigh by the
way of Stevens's. (Mrs. Stevens seemed to think
they might have staid an boot at her kause.fle men-

lion was made by the- witness how thuch time was
taken up by the whipping when Davis and prisoner
were out together, or afterwards when the prisoner
.and Hefts were at the to and quarrelled.)—Xookc
'stated, that prisoner and Heflin remained an hour at
his house, and he thinks gave the negro some spirits ;
that himself and Davis were then requested, and did
go on with the prisoner and Heflin, to prevent the
negro (*tom getting away ; that he did not appear fa-
tigued ; that the owner (Baily) loved directly forward
on the same road to the left hand, about three miles;
that on their artival at his house he was in bed : they
called at the gate, a short distance from the house ;
he came out, and they informed him that they had
brought hint his negro—that May asked what he had
to pay i the prisoner answered, only about 11 or 20.,
lashes, which he. readily granted ; that it was dal k,
and Baily the. owner, requested that the slave
should be whipped in the yard, at a tree, which
was objected to, as it ..night disturb the Lunar;
that he then proposed a white oak, a little basic, in
the edge of a piece of newly cleated ground ; that the
company set off with the slave towards the place
pointed out ; Daily went off to the house tot a '
and that he staid behind, attending something to the
horses ; that when he went up to the company the
slave was crosswise on a log 18 inches or '2 feet in
diameter, and that Davis was stooping diwn doing
something to his hands, and when he rose up, said,
4, that they were loose enough, and would not hint.
him ;" that the feet were tied together, and so weie
the hands, and the slave placed transv;:rsely the log,
and a rail or chulk passed between his t;.et tinder the
log and between his hands that the rope was one.
end tied round the neck, and the other used to tie the
hands, but was lose between the neck and hands;
that the shirt was turned up to the neck, and breeches
taken down ; teat no one whipped but Prisoner and
Heflin ; that Prisoner whipped first, and gave be-
tween fifteen and thirty stripes, and Heflin neatly the
same number; that Baily asked if any others wished
to whip; and requested Davis, who proppsed
next day when he might be broi.gbt to his shop to be
ironed ; that about this time the slave complained
that he was hurt on the log ; that he; the witness,
untied him, when he settled down by the side of the
log ; the owner then said he would whip, and ordered
the slave to get on the log, as he intended to whip on
the belly ; that the slave asked to rest ; that at this
moment witness sad, he turned aside a few steps
(but for what he did not on any manner pretend
to account) when he heard an exclamation -from
Prisoner and Davis ; that when he returned the
slave was lying on his back, :412 erniy••l in about
ten or fifteen minutes ; that he heard no t.l,:w or
violence of any kind—but left and found Baily
the rope in his hand ; and that shortly atter they ali
went off except Baily 1. Witness said that there was
a light-wood torch which was on the stump of the
log not far off, and that the light was occasionall)
held in the hand, but by whom he could nut re-
collect.

The Coroners of this county, and of Granville
county, were sworn for the State; they both deposed
that the neck WAS broken, and that it wts the 10th
of the month when they took up the body, and ti►at
it was buried in Granville county ; that the body
bore the marks Of much whipping, though Boyce
of Granville said he thought he had seen Slaves
worse whipped, but the body was so offensive they
kept ,at a distance. , Mr. Galiition, one of the Jury
of Inquest, deposed, that the Jury had the body split
to the bode from the neck to the hips, and that it
appeared tole b►uised in a jelly from one end to the
other, except a small place about as wide as his two
fingers ; and that t►e could distinctly see the depth
of the bruises by looking into the incision made by
the knife—he also confirmed the neck being b►okcn,
and said, that the breast of the deceased appeared
considerably bruised.