The native American. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1840, 1839-03-09


picion went abroad and, after the lapse Of ;ibo,
a week, the body WIS dsinterred, and underwei
q post norton examination. II then sppean
that death had been produced, not by the .wonnc /
OF Me head, but by stranguiation. The prlson' I
and his paramount, Rspp's wife, were arrested I
and the prisoner subsequently confessed his gun |
and accused his 'accomplicc. His account OF tt !
transaction is substantially this That he and Mr.
happ had held several conversations about KILN
kaPp, which resulted in an agreement, on Il .
part, several nights previous TO the hsst assault
to execute that purpose. IN pursuance OF to |
agreement, he went on one occasion to- kaPp
house, but returned without making an aitemP |
On the Sunday night previous u the irs' assault /
he renewed his promise, and prepared hlmse .
with weapon. Oh Monday morning, be way !,
laid Rapp as he was entering tire stable, eled HI
10 the g.ou,id. anil, alter iniicling several blow
LETT hn, surprising han 10 be dead. -.
During Rapp's cmlval4scence, the prisoner ";
daily il conversation with Mrs. Rapp abo, /,
" finishing his hoi,7A work. GA Tuesday nigh !!
he slspr under Rapp's roof; she visited his be !
'cvsral times, urging him TO the murder, ailegin
that . if he was ever to DO any thing, he mus !
do it then, for her husband was getting well, an
wonid soon be SO strong that they could do n" !
Thing with him" Alter an;ght'thns spent IL
prisoner and Mrs. Ranp went, into RapP's room
Ms. Rarp, after Attempting to 'rr!ta!e her hu;
bm'i. pushed the prisoner upon him. The pr.
soncr ''took Rapp ny the throat and held him VI
Ill he was dead, The wife at the same time assist
ing by pressing upon The body Of her husband.
Ssch'is the prisoners history OF the transaction
A marer more foul in lis origin and motives, 0
more arocious il lis circumstances, has seldom
''een committed in this or any ether country.
am unable TO conceive how the guilty con-
ncceion between tile prisoner and the wife of his
victim, or the influence over him which she ac-
luired by this connection, can mitigate his gat.
can1',,. understand how the escape Of his ac-
complete from justice can be made an argument
TOR Communication Of his punishment.
There is no ground for a doubt that the prison
nr's confession is i'll every respect true. He has
indeed the merit Of having made it. But when
would crime raceiv, is just punishment, if that
punishment could be ayerted by late and unavail-
ing confession! The prisoner had time for re-
morse AMI repentance, after making his horrible
compact, alierh his frs. attempt to execute his muir
derous purpose, and again, after its final accom-
plishment. He seems TO have been hardened in
guilt, until his victim was brought from the grave,
to be his accuser, and public suspicion had fas-
tened upon himself as the offender.
ahSio ID ~ piouoloiC upoi W iiCH Sdu
in,erpose, unless it be that the prisoner has be-
come insane since his conviction. The Revised
Statutes provide for that case by authorsing the
sheriff to summon a jury to ascertain the prison.
cr's insanity, and upon their verdict the sheriff is
required to suspend the execution until he re-
ceiyes warrant from the Executive, or from the
Justices of the Supreme Court, Q r. S. SAT.
Painful as is the, responsibility cast upon me
by this application, | am satisfied that it cannot
be granted without establishing precedent which
will leave the Executive without the power to
withhold its clemency in almost every instance
where the law preseribes capital punishment.
WILLIAM Fl. SEWARD.
OPINIONS JUDGES SUPREME COURT AND ArroR-
EEY. GENERAL.
g Having, on the request of Governor Seward,
examined the case Of Joseph I.augel, convicted
of the murder of Daniel Rapp, we are Of opinion
t!iat the conviction was legal and upon sufficient
evidence, and that it is not case in which par
don or Communication of punishment should be
granted" =
(Signed -. s. NELSON,
il. .... '... GREENE G. Bronson,
"~t E. CowEN,
SAMUEL BEARDsLEY.