Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-11-09

ALBANY, 9Th Nov 1889
Tuesday morning, 10 A M
The argument OF s. Stevens, Eco, in behalf of
Ezra c. White, for the murder Of Peter Fitzpatrick
before the Jastices Of the Supreme Court, CON-
menced this morning. Mr. Stevens took the same
grounds that Mr.. Graham did, detailed to you in
former letter; his great fort 10 evidently before
jury-there he has very few competitors, and this Is
saying great deal; Mr. Graham, however, left him
most ability and strained every nerve to sustain the
exceptions taken BY the prisoners counsel on the
trial in New York; after he had concluded, the court
directed the prisoner to be taken back to JAIL and
brought into coxrt Thursday morning when the
decision Of the bench would be given.
Thursday, 10. A. M.-The prisoner was brought
into court in charge Of Major Whine, the keeper Of
the Albany jail, and ated the right Of the Judges
(they hold the court IN the old Senate Chamber in
the Capitol not more than eight feet from Mr. JUS
tice Cowen, who read the opinion Of the court.
Whites appearance and manner more solemn
than on the fsrmer OCCASION; he evidently excited
the sympathy OF the bar and spectators from his
youthful appearance. shosld noe think him more
than ~ or q years Of age There were a good
many Of the members OF the bar, and about q
dozen spectators present. oil anxious 70 hear the de-
cision. Mr.. Justice Cowen then produced manu-
script something smaller than bound volume Of the
Herald, files OF which paper ought TO be kept in the
Supreme Court clerks Office, to furnish the court
with references on many subjects, which woald be
Of immense importance to them. He read the opin-
ion Of the court in q clear, elevated voice; every
word was dintinctly pronounced. You could have
heard pin drop IN every part Of the room, so quiet
and still, aad death.like was the silence. There was
but single interruption, and that only momentary
"a whg telling locofoco that the picture In the
Herald, Of the buttenders, indomitables, sc. &c
was the best thing he ever In all his life, and
was actually commencing spread IL out before the
presence OF the court, when q momentarv stoppage
Of Judge Cowens reading brought him to his senses)
Every objection or exception taken by the learned
Msssrs Grahams, on the trial, was overruled, and
the bench decided ON the exceptions after recapitu
atink all the testimony given the public in the
columns OF the Herald during the trial,
lst. That the e6urt has legally constituted Judge
lngI,s, being fully competent; and that Judge Ed
wards had right to leave the bench any time IL he
left competent csurt behind him, which he did in
this case, and had an undoubted right 90 10 do Iex
pected to hear the old qaotation, ending with
" sooner than eat his mutton Geld. :"
The pencil marks the the back 1T the eorousr's
return, were not allowed in the Circuit Court 10 be
offered in evidence, this was right, 90 say the SUI
prsme Court.
The other exceptions, relating TO the form Of the
indictment, and the alleged discrepancy Of Judge
lngn's charge 70 the jury, was also ruled against
the prisoner with the final exec pton-w hich Judge
lnglis stated to the jurythat when the scales Of
justice were sicely poised, and when the prsoner
cosId produce evidence Of good charactsr--such
proofs ought to turn the scae that in this case
had been no proofs Of good character offered by the
prisoner; but still II the jury had any reasonable
doubt Of bis guilt he wasented 10 the full benefit
Of them.' Th'sl aneuasc the Supreme Court decided
ed the prisoner 10 be taken back 10 the city Of New
York. and that sentence be then and there passed on
him, at the next Court NJ Oyer and Terniner 10 be
held next week at your City Hall. and that the
Stevens, Eco, then gave notice that II VS. the
intention OF HE counsel TO bring the be.
fore the Court Of Errors At their next session In Al
bssy The ecart replied, this cesld osIy be done
alter the sentence had been passed spos The ptscn-
sr e~sA b The ssai disposities ef The sass - ths
present. H9 NffEW N