The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-05-14

| IN council. His correspondence with me
Ion your4affairs shows that he wishes to
see your nation prosperous and happy.
You desire me to send what you have
said TO your Great Father, the President.
I will do so.s He and myself are well
acquainted with all your treaties with the
u. States, and am fully satisfied he will
have them complied with. % {aafosss
"JOS M. STREET, U. M. /. A."
t, TRIAL OF THE. HIGHWAY ROBBERS.
| The following interesting account Of the
trial Of the three men who, robbed Mr.
Gage, has been furnished us by our cor
respondent at Fort Madison. This state
ment of facts is worth a thousand essays
which might be written to prove that crime
stands as poor a chance, and meets with
as prompt and severe punishment in the
Territory of Iowa as it does in the boast
ed law-loving communities older States.
UNITED STaTEss 4 53z ss1 sos
Us. .. In the District Court
JAMES GAY,f g95 ofApril T.lls4O.
JACOB ALDEN, and Indictment for Rob-
JAMES M.CUBB1N, J berry.
This day., May 9th. 1910, The prison.
ers were arraigned atihe Bar of the Coart,
and having heard the indictment read to
them James Guy and Jacob Alden each
put in the plea Of not guilty, and James
M'Cubbm plead guilty, and threw him
selfupon the mercy of the Court. Prison
ers asked TO be tried separately, which
the Court granted. faa3 taasf
James Guy was first tried. The evil
dence being heard, and argued by Coun-
sci for the United States, as well as for
the Prisoner, the Jury under a charge of
the Court, retired to consider oftheir YER
dict. The Jury, after couple of hours
time returned into Court, and gave this
verdict, 1--WE the Jury find the Prisoner
at the Bar guilty on the first Count of the
Indictment, and assess the punishment at
twenty-three years confinement in the
Penitenliary at hard alabour. and a fine of
$780, Hawk ms Taylor, Foreman.
The sentence of the Court was IN accord
ance with the finding of the Jury.
Jacob Alden had jury trial-was
found guilty, and the sentence of the
Court, iii compliance with the finding of
the Jury, was tina, the .'said defendant
be imprisoned for eleven wears in the
Peni'entary at hard labor, and fined thirty
dollars" a@ fsjree2 rr
The Court considered the case of James
M'Cubbin, and from the circumstances of
the affair, his conduc, before and since
the robbery. his confessions, demeanour
in Court, &c. thought there was some
thing palliating in his case, and sentenced
him to five years imprisonment in the
Penitentiary. 7s '15s@ '4t
The Court, when the prisoners were
called up to receive their sentence. re-
marked that their punishment was severe,
but that they had had fair and impartial
trial, and that it was. hardly possible that
any punishment could be fixed upon them
too severe, considering the very aggra-
waited nature of their crime-,he demands
otJustlce. and the security of society-,hat
the Executive was possessed of a pardon
ing power, and that if they conducted
themselves well in confinement, were i'll
dustrious, and showed by their actions
proper penience for past faults, and re-
formation in principle which would per-
NIT themto be set at liberty without en-
dangering society, he had confidence the
executive would after some time exercise
the pardoning power in their case with
proper discretion. The remarks of the
Court were quite feeling and instructive.
Mr. Gage, the person assaulted and rob-
bed is a merchant of Fairfield, Jefferson
county, Iowa. The testimony he gave in
Court amounts i'll substance to this-that
he started from Fairfield on Monday, the
- day of last month soon after dinner. on
his way. walking to Fort Madison. there
to take steam boat and 60 on to St Louis
to purchase goods, &c. having about 400
dollars in money about his person. When
about five miles this side of Fairfield he
was overtaken by the prisoners at the bar,
coming this way also. They travelled
with him that afternoon and staid with
him over night, one of them sleeping in
the same bed with him. The first day
they travelled through severalthick woods,
and did not arrive at the house they put
up for the night at till short time after
dark, During their journey together.
Alden generally kept in his company.
walking at his side, or, a little before him,
Guy generally walked next him behind,
and M@Cubbin was still farther back, it
being difficult for him to keep up as he
alledged on account Of the soreness Of his
feet. Alden was quite communicative
and friendly in his acts and conversation.
Guy was more reserved. Tuesday they
travelled on together, passing through al
very large prairie, till they came within
perhaps two and half miles of Fort
Madison, when Mr. Gage felt a sudden and
violent blow on the side Of his head, and
Immediately after lost all consciousness
.ot life. When he recovered himself he
was living in a ravine a sborf distance frop,