Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1838-08-22
Corrcspondsncs Of the N. York Commercial.
SIXTEEN PERSONS SENTENCED TO
DEATH
ToRoNro, Gu. CO. August @.

Previous TO the departure of the boat
on Saturday from Niagara, | had bare
ly time to inform you that sixteen Of
the state prisoners had been that morn
ing sentenced to death are Ameri.
cans, and IL subjects Of the Queen.
On Friday several pleaded guilty,
and William Yerks was tried and ac.
quilted. On Saturday, VIM. 5. Will
son was tried and acquitted. The law
of England for high treason requires
that when bill of indictment is found
the prisoner must be furnished with
copy of the bill, and with list of all
the jury that have been summoned TO
attend, and ten days must elapse before
the trial can be brought on.
A bill OF indictment for high treason
having been found, at the close Of the
week, against Jacob Beamer, of whom
have before spoken, he could not be
tried forthwith, consequently the court
determined to adjourn over for the CO.
ming ten days, and to postpone the
farther trials until Beamer's ease could
be brought on. They therefore gave
notice that the prisoners who had been
tried should be brought up for sentence
together with those who had pleaded
guilty.
About one o'clock the jury which
had been out with the case Of Wilson,
returned with verdict of not gully.
The Court then directed the sheriff to
bring in those sixteen prisoners who
were to be sentenced. The sheriff ex.
pressed some doubts Of the propriety of
bringing in so large number at once.
The judge very properly remarked
that there was no danger, that if the
civil force was not sufficient, detach.
ment of the military were at hand
About half past one o'clock, the pris-
oners came in attended by military
and civil guard, and were seated in
the jury box.
was favored with a very eligible
seat, being close both to the bench and
prisoners. was surprised to find so
many ofthe prisoners very young men
and two or three looked more deser-
wing the ordinary chas,sement of
parent, than the heavy penalty about
10 be adjudged them. Two or three
were handsome, and with few excep.
tons, nothing unfavorable could be
drawn from their appearance. They |
were all we'll dressed-Miller in a suit |
OF black. He had been, you will re-
collect, law student at Maysvile, in
Chatauque county; and would proba-
bly, have defended himself, had not his
counsel offered, at the outset, plea OF
After the crier had made proclama-
ton for call persons to keep silence
while his lordship, the Queens justice,
pronounced the sentence Of DEATH" Mr..
Justice Jones called over the names Of
lour American citizens, who had been
tried under the act of the last session of
the provincial parliament. The first
was Linus Wilson Miller. After a
brief recapitulatlon Of the evidence, he
asked whether he had any thing to say
why sentence of death should not be
pronounced on him. Pausing a few
moments, he spoke in fine melodious
voice, IN substance, as follows:
" Nix LORD Your Lordship has
asked whether have any thing to Of
fer why sentence of death should not be
pronounced against me. shall with
the permission of your Lordship, offer
"A few remarks; not however with be-
lief that | shall be able by any thing
that might say, TO turn aside the i'm
pending fate that awaits me.
I" In reference to the statute under
which have been tried, | am under
the full conviction that it is unconstitu
tonal, and in this opinion | believe |
am sustained by some of the legal gen.
tlemen now present. | am of opinion
that no statute affecting the life of an
individual, whether a subject or not,
can be considered the law of the land
until il shall have received the sanction
of the sovereign. | know, my lord,
that under this act others have suffered,
and have no reason TO suppose that
my pleading its uncons,itutionality will
be any bar to the awful fiat which is
about to fall from the lips of your lord.
ship.
81 am, indeed, asked why sentence
Of death shall not be passed upon me.
III had done deed worthy of DEATH
would say, let it come but declare
to your lordship, that according TO the
dictates of my own judgment, deserve
neither death nor bonds.
81 have not been guilty of the death
Of any one. have taken from no one
that which was no, my own. came
not into your country to destroy its
form OF government. came not upon
its borders with arms in my hands.
Young and inexperienced as | am. |
was led into the error, for which now