The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-18

Of submitting account Of the transaction writ.
ten by himself for the information Of his counsel The
Court submitted the evidence to the jury with unsur
passed csndor and exceeding tenderness the
sed The jury after celebrating calmly and long, rem
dered VERDICT oil wiliul murder The accused then ap
piled to the Court ofOyer and Termner for new trial
resting his application adavs designed to impeach
me i%panaty one juror and accusing others II not
all the jurors, OF malconduct. The complaints were
heard, and were found utterly groundless-
The presiding Judge then allowed writ of error, not
rom any distrust of the decisions which the Court
had pronounced, but from solctude avoid posi-
ole error IN SO grave and from becoming Difference
to higher tribunals and in the time the Judgment le
gaiy consequent the verdict was delayed The
submitted to the Supreme Court after a careful
examination OF the case and hearing counsel who main
tanned the objections OF the accused that high tribunal
unanimously declared that had been committed
by the Court Of Oyer and Termner and that obec
tons were not merely groundess but Frivolous The
cord was then RENTED to the Court Oyer Terner
which Court in pursuance Of the year after the
crime was committed, pronounced against the prisoner
the sentence by which society relieves itself Of those
beers whose existence is found incompatible with its
security The Court in pursuance Of honored and hui
name custom as old as the memory of the law desired to
impress upon the prisoner the certainty OF his approach
ing death and awaken him to the conviction Of the
sity of preparation tribunal whose judgments
reach only body but the immortal spirit But the
appeal was resisted with a degree of obduracy seldom il
ever witnessed on occasion solemn and affecting
Writs OF error in capital wrs of right but
are writs OF grace and they rendered for the obv
reason that crime would flourish the community
and society be shaken to its foundations il every offender
was allowed to procrasnate the punishment denounced
against his crime appeals without grounds and without
reason from court to court until final Judgment should be
rendered in the Court for the Correction OF Errors rbu
nal constituted not to hinder justice by drawing all the
proceedings OF all other courts, whether probably right
or wrong under review but to correct such few mpor-
tan errors az may remain uncorreced by the Court Of
Chancery and the Supreme Court. After the
had been against the prisoner no Judge
court could stay Its execution any authority
that to which people as humane they just, have
conded the power Of dispensing mercy when injustice
has been Inadvertently committed crime be for
given consistently with their security and welfare
then the Judge or either of the Justices of the su
to allow wrs OF error had granted second Of
that kind to the convict, would have bean Intellectual
unless the Governor bad also ntePosed respite the
cuon Judges are bound to exercise judicial discretion
in deciding on applications for writs of and the
Governor freely admits such Difference towards them that
their allowance Of writ uld have much weixht tho
it would not be conclusive upon him in considering the
question: whether the execution Of the sentence should
sed delayed The Circuit Judge the Chancellor
with the concurrence of his associates, in the
exercise of such discretion, decided that there was
which has been upon the prisoner He then
complained to the Governor that the proceedings his
trial were irregular and illegal that the jury were not
equal and impartial and that their verdict unjust
that the judgment of the Supreme Court
that the decisions Of the high judicial officers of the State
tives unconscientious and unjust 70 these considera
tons superadded others calculated to influence the
judgment or move the sympahes Of magistrate Coun.
and philathopsts heard in every form of ad
dress and the petitions of parent and the appeals Of a
suit undoubng conviction that the judges and
jurors were as just equal impartial and humane as they
were distinguished for intelligence and learning; that
the prisoner not less guilty than that
painful under such circumstances to withhold
the hand. that alone could him from dreadful
fate the security and the happiness of society forbade that
it should be extended.
The sentiments expressed in the reoutions Of the
bers OF the Bar and the address Of their Committee have
been considered with the respect justly due to those who
united in the meeting as members Of an enlightened pro-.
fesion, and patriotic and enlightened citizens and it
remains only to announce that the Governor still of the
opinion that the legal proceedings in regard
the offender has been regular and humane that EXPOSE
tons Of the Constitution and laws by the Supreme Court
are binding the Executive and all other authorities il
not inconsistent with adudcatons Of the Court for the
Correction OF Errors abuse Of power or discretion
has been committed by the judicial officers in the of
John c. Colt and that to put forth the pardoning power
under the circumstances in which it is solicited
would be not only inconsistent with the equality which
ought always to govern its exercise but would be subver
sive Of law and public order.
[L.s.] WILLIAM H. SEWARD.
By the Governor,
Henry UNDERWOOD, Private Secr'y.