The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-14

extreme penalty Of human laws and his subdued and
broken spirit is almost willing to endure il to soace the
regret he feels for having without design deprived
fellow Of life 1t impossible 10 suppose that
individual guilty of only such crime and exposed to only
such hazards would go for hours and days, accumu
lsng for his destruction such mass of the peculiar
licences OF murder From the legal presumption Of
guilt the relations of the parties the circumstances under
which they met she instrument OF death the number and
violence of the blows the mutaton OF the deceased the
preyarcaton and falsehoo1s of the accused and his
studied aboroas and persey ering efforts for eamen
the jury under full of their responsibility and
aware Of their duty give their verdict in favor of the
cused they entertained reasonable doubt, pronounced
him guilty of deliberate and wilful murder.
BY humane provision of law, full report of every
conviction capital case is requires 10 be made TO the
Governor who in considering the is entitled the
advice of the Chancellor the Justices of the Supreme
Court, and the Attorney General The Justices the
supreme Court have carefully reviewed the report in the
present ans mousy certified their opinion that
the verdict was just Ii the Governor entertained doubts
OF its correctness he might perhaps ghtiully relnqush
them and conhie in the opinions of his learned judicial
advisers to the jury and proper regard for
minsrson OF the laws with mercy, have induced
animation of the testimony independently of the opinions
of the jury and the legal tribunals, and the result is
vicon, undisurbed by any doubt that the accused
guilty of the murder OF Samuel Adams.
II remains be considered whether any circumstances
extraneous appearing the record require Executive
interposi,on recommend the prisoner to cemency.-
The attention of the Governor has been directed
conn of the homicide favorable the prisoner which
submitted by him to the jury after the testimony had
closed and 10 proofs and arguments designed show the
probable truth othat statement Whatever the paper
such portions OIL favorable to himself erti
tied to weight consideration. Nor is there any
hardship in this rule, since the prisoner voluntarily SUBJ
mted his statement TO the surprise and without the
sent of the District Attorney. The paper have
more weight In this review than had with the jury for
the rule that requires and uries to receive impair
al evidence. is equally obligatory the Executive De-
partmen Nevertheless the statement has been carefully
examined and the result is that its account OF the ransac
ton is unworthy OF any confidence. II prepared for
the confidential use of the prisoners counsel within ten
twelve DAYS after the crime under their nsruc to
whole u
account of aray following reproachful words,
does not state which of the parties used the words
states that mutual blows given before the prisoner
seized the Ratchet, but does not inform us how
ny blows, nor describe any Of them, except one
ceived ty himself more severe than the others, and
which he returned with violence. II states that the
parties grapped and he pushed against the wall while
the deceased was twisting the prisoners neckcloth and
then the prisoner seized the Ratchet and inflicted
blowthen lost all power of by strangulaon and
Ill afterwards when he reused by knoc king at the
door, Since his conviction the prisoner has submitted
series of letters written by himself to various friends du
ring his imprisonment In OF the letters written after
the trial he says that he did but defend himself against
wanton vile and objectionable attack. That he asked
the deceased be just who thereupon accused him of
injustice. For calm ors the deceased gave him insult
lug language His peremptory denial was returned by
cused himself by haste and OF consideration for
having set down in the statement produced the trial.
that che obliged to stand the knees of Adams to
crowd him into the box that the first part of the
statement quite imperfect, and did not convey the
whole truth admits that he reored LAM uage of unmea
III
true that they could have been TO gotten when pre-
pairing his previous statements and which cannot be
admitted as true, because they were not made known
by him until that statement had proved insufficient for
his defence.-
The letters the prisoner furnish other to dis
trust his veracity TO receive such an exparte state
ment, and permit speculation based upon it to
throw verdict, would be subversve OF the adnnisra
The always be executed except where their
penalties be waived without prejudice to the public
welfare, and for reasons consistent with their general
nltrU fiatv hae haan AAanlu ghn ckad md tnQt
alarmed for the security Of life in the metropolis The
deverance Of the prisoner by Executive clemency would
prisoners character conduct recommend him to the
favor which be only sparingy Welded He dwells
with just satisfaction upon extraordinary responsibility of
birth he possesses talents and has enjoyed
than ordinary advantages oil education and has Civ
But he has contracted habits and relatons neon-
sstent with an inofensive and virtuous life. His
duct in relation to the crime and its consequences has
been insincere nhuman, relentless, and remorseess
He is vain sefcondent and erent; imbued with false
sentiments of honor morality Justice and vrtue and
incapable Of conjunction tor crime committed
for injuries inflicted. Penitence and resolutions
amend are Indispensable among other conditions of par
dom such conditions offered in the present case
The prisoner has forgotten his victim heaped insult upon
his humble and bereaved family, defed the Court, de-
ncunced the Jury and himself before the Exe
cutive as an injured, not as penitent man.
In making known to the prisoner that the expectation
of pardon the last hope of life be relinq the
that the few days which yet remain the prisoner NAV
preParngto appear before that dread tribunal
other justification than sincere repentance every error
and humble yet confding faith in the REpEEMER MAN
,r t. WILLIAM H. SEWARD.
Extract Of John Colts lee, dated February lfh 1872
placed his the table and wall he
struck three OF four times the breast and seized
prizes parties Every thing seemed black.
agony, aud myself for relief, how know The
last distinct recollection have before relieved by
fall that Of trying him of with LEFT hand
held TO his coa with right hand the
myself from the table, he had pressed
backwards II this painful position IN
Ratchet and him the unfortunate blows that
did. When relieved from his houid beheld for the
first time awful defence Heaven only knows the number
of blows struck him There have been four FIVE. And
when reflect the Instrument unfortunately seized
and insnraneousy used IT only to be wondered that his
head was not dashed INTO thousand pieces
Extract of John c. Colts letter dated March 1872" NV
counsel considered perfectly clear believed
that should be acquitted To produce this result they
ceved that the evidence of Adams my Office bad
blood and the evidence OF the scu the evidence Of his
account being quite sufficient, when taking
consd ration the that this before
several shown himself kind Of daedon
been consequently turned from the houses OF several CITIZENS
abusive and insulting language Had this have
CONFUSION, could easily have slipped through the fingers
the law The body Of that unfortunate foolish
identified aud the only evidence connecting
the box containing IT, the drayman. He that
the that delivered i 10 him, quenty alone
that wa. not ABOUT the granite building that
morning have been acquitted But should depse
myself for slipping through the fingers Of the law by such