Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1839-09-24

,s,slA,orine towns as u common Ia such cases
T,s toart roorn. though crowded. almost spfioca
lice. was not sufficient 20 furaish oven silndine
mare 70 many who snHiously dcsiro3 30 hear The
tnsl commenced on Tuesday morning., and lasted
III weinos, az noon. when the case was committed
to DE Jury, who. after shor1 dclhCrAhou rciuraod
verdict Of Gaaiy. Tho testimony against tic re-
syondsni Odd no, vary an the material points from
that given before tho Cour Of Inquiry soon after The
commission Of the murder, and was TOO clear TO adj
mt Of rational doub, Of the prisoners guilt. Bot an
effort was made the part Of the defence To prove
ths, Dsman subject to temporary iiis OF insanity,
and that II was inherent IN the family. Although
there was some testimony offered tending TO snow
this fact, vet did appear on trial that the pris-
oncr was under any such mental derangemcn, a, the
time he committed the hornd deed. II did appear,
however that " the prisoner laboring under any
unusual excitement at the time of the murder u
mainly II not wholly produced by access TO the
Rum Botfis s,or, time before he has repeated
ly declared. The defence however, conducted
with 80 much skill AMI legal ingenuity, thai some Of
the spectators were almost ind iced believe that
he would be acquitted Some OF the facts connected
with this mos, foul murder, revolving 10 be repeat
ed we were glad were not detailed upon the trial
We have never heard Of case IN all its particulars,
which more fully exhibits the deep degradation to
which man may be reduced when he gives himself
Nd TO the guidance Of his dcpravei and unreslrained
passions
Through the kindness Of Chief Justice Williams
who presided at the Trial, able to furnish our
readers with copy of the deeply interesting Sen
snce pronounced upon the prisoner Daman-which
gives such view Of the case, though brief will
render further details unnecessary.
Messrs. Foo, and Briggs the par, of the Gov
eminent, and ge,ssrs. Tracy and Hodges conducted
the defence.
| III We understand effort is to be made by pc
uiioning the Legislature Communication for the SEN
tence OF Daman.
THg SENTENCE.
| Henry Dar,an--You have been indicted by the
Grand Jury for the crime of MURDER. You have
been tried by petit Jury, and, upon evidence the
most convincing, and which leaves no doubt upon
the mind you have been found guilty OF the crime.
IL remains for the Court, in tie discharge OF the y
imposed upon them to pronounce the sentence which
the law awards TO convicted murderer. The Of
fence Of which you have been convicted is number
ed among the highest and most attrocious known To
'ur laws. and has been, both by humin and Divine
authority considered as deserving the severest and
last punishment which be inflicted by any
earthly tribunal Tho first murderer doomed
To bc fugitive and vagabond on the EARTH and to
wander, subject To the agony OF guilty conscience
and fear Of the vengeance OF every one he should
meet. And from that time II has been adjudged
that whoever sheddeth the blood OF his fellow man
In malice, shall forfeit his guilty life. There is moth
ing, in my opinion IN the present state of society
which requires that this appropriate punishment
should be changed altered. But in whatever view
This may be considered by Others the tribunal before
which you now stand, only obey the imperative
command of the law and declare the sentence which
eonsiyns you to lgnominious death.
4, =. Asnt1. that an
again called TO this unpleasant duty that, for tn
third time since have occupied judicial station,
required 10 pronounce the fatal sentence which l
,oerminats the earthly existence OF fellow immortal
and that the circumstances OF the case are such a
to leave no reasonable hope that it will not be carie
into execution. But however painful and unpeas
ant may be the duty TO doom fellow being TO tn
ignominy of public execution the law requires
and It mus, be done. And when reflect that tin
ponaliy has been established by the law 10 whic
we all subsection, that 1t has been sanction
ed by the practice OF civilized enlightened, an
christian naiions-tliai, IN Your case the CRIME wa
established by such satisfactory proof, TO leav
not a shade OF doubt, that Tins penalty will bc in
hiced on the guilty yield to my duty as the minis
ter OF the law, and feel that the voice Of blood cre
iom the ground that the sentence should he award
ed You have, with a degree OF cruelty AMI malig
nifty rarely TO b. met with, deprived fellow bein
Of hie-one 10 whom YOU was under obi alton 70 b
protector, and who as human being, had clam
to he secured from lawless violence. She was you
Siie ana your lawful partner Tor me the cohhe'
hon may hav. been unfortunate, and your lives ma
have been scene OF wreichedness and crime We
whiie there life there opportunity for refo
nation. You deprived her Of this opportunity, an
killed her al time when she was nncons ,ious
danger, stupid from the effects Of indulgence an
with all her imperiecions crimes and guilt. Prob'
bly,, unihoughi OF and unrepened OF. The enc
disc spsed the trial, which took place the hig
when your hands were stained with the blood
yor wife, and when YOU sent her, Instantly into Il
presence OF her God, polluted with crime, from u
very bed Of infamy and guilt, must be too fresh
your recollection and too narrowing 10 the feeling
OF all, 10 be repeated The desperate attempts 70
made, when you felt that you could not escape d.
tecuon and punishment, 10 rush into the presence
fonI Nker. not only with Ills aggrayaie CRIME &
ycufv bu, that Of self murder added, show Il
paainly HAT YOU had become calioi s crime az
your moral sense had become utterly deprayed
hope and trust that the time which has elaps,
snce Ire fatal deed was committed, has not be,
snProhr~bly spen, by you, and that the efforts Of u
exemplary and pious who have endeayoied
rouse your conscience and awaken YOU 10 a sen
IL ..sNa -. - 81