The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1822-03-13

at about II O'Clock. The jury retired.
and after about three hours delibers,ion.
returned with their verdict, Than Iyom
Me iasgtfeeney q tie evidence, hey
find ute prisoner Not Guilty. Il was
not contended that the prisoner was in
nocent Of the crime of incest, and strong
suspicious were entertained that he was
guilty Of the whole offence Laid to his
charge; but the jury, acting upon th.
principle, that they could not convict,
where there was shadow of doubt. ac-
Quilted the prisoner, and returned YER
dict in some degree expressive of that
sentiment.
A new jury being empannellcd on the
afternoon Of Friday, the trial of Cook i'm
mediately commenced, which was closed
at about sunset OH Saturday evening,
when the jury retired TO their room, and
returned Oil Sunday morning, at 8 O'Clock
with verdict of Guilty., butrecommen-
did the prisoner TO mercy. "A motion
was then made by the prisoners counsel
for new trial, on the ground that new
and importanttestimony was TO be bro,iehs
forward; and also thar the jury had dt.ci--
ded on mistaken principle OF law, as re-
spected the evidence of tine confession OF
the prisoner. The Court assigned Mon,
day, to hear the arguments on this mo-
tIon, and to examine the additional evil
dence. The arguments and examipa.
ton occupied the whole of that day, and
closed about 9 O'Clock, and the Court
adjourned until yesterday morning, when
decision was pronounced against new
trial. On motion OF the Attorney Gen.
eral, Justice BUFruM, tie presiding
Judge, pronounced the awful sente.ce .of
the law. in a solemn and impressive man.
rer, (but at the same time, nearly over.
come by tile exces, Of emotion, J in The
following terms
JAMES COOK,
1t now only remains for the Court 10
perform its melancholy duty. and to pro-
nounce the awful sentence, which the laY
dictates. Nothing is leit to our discre~
tion--we are but the instrument oftl;e
law, and must obey its mandate.
You, James Cook, have been found
guilty, by jury Of yohr country, OF the
odious crime laid to your charge--an
impartial and competent Jury, selected,
as II were, by yourself You have beer,
assisted in your defence by able Counsel.
who have devoted themselves TO your
service, with anxious zeal and assiduity.
They have exhibited in your defence UNI
common ingenuity and eloouence-ali
has been done for you, that tie miidest
system OF criminal Jurisprudence in the
known world permits. But after free
| use Of every Indulgence and privilege al
lowed you by the law---aftrr a fair and
protracfd trial--you have been pro.
nounced guilty. The Jury have hu-
! namely recommended you to mercy.
With the province Of mercy. as the mere
executors Of the law, we as Judges can-
not interfere--it rests solely with the SOW
ereign authority OF the state. But il is
our duty to counsel you rot to Aatter
Yourself with entire impunity. DO not
delude yourself with extravsgsnt hopes,
or lull yourself into fatal security.
Prepare, by repentance, BY earnes, prey
er and supplication, For the other trial
that awaits you, where God himself sits
Judge! and where your own soul, l. not
purged of sin, by true and contrite re-
pertance, win be your own accuser.
The sentence Of the law is. that you be
taken from hence to the prison, from
whence you came--from prison to the
place OF executlon--and that you there
be hung by the neck, until you are dead
And may the Lord have mercy OH your
soul.
There has not been trial fx crimes