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

of submitting an account of the transaction writ
ten by himself for the information Of his counsel The
Court submited the evidence to the jury with unsur
passed candor and exceeding the
sed The jury alter celebrating calmly and long,
dered verdict Of wul murder. The accused then APP
piled to the Court of Oyer and Terminer Trial.
resting his application afaaviis designed to impeach
the impaaty Of one juror, and accusing Others If not
all the jurors, of malconduct. The complaints were
heard, and were found utterly groundless.
The presiding Judge then allowed writ of error not
from any distrust OF the decisions which the Court
had pronounced but from socitude to avoid posi-
BILE error in SO and from becoming Difference
higher tribunals in mean time the Judgment le
gay consequent the verdict delayed The record
submitted TO the Supreme Court and after 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 ana that the obec
tons were not merely groundless but riroious The
cord was then RENTED the Court and Temner
which Court in pursuance of the law year after the
the sentence by which society relieves se OF those
bers whose existence is found incompatible with its
security The Court in pursuance of honored and hu
name custom old as the memory OF the law desired to
impress the prisoner the certainty OF his approach
ing death, and awaken him the conviction of the
sity OF preparation to meet tribunal whose judgments
reach not only the body but the immortal spirit But the
appeal resisted with a degree Of obduracy seldom If
witnessed occasion solemn and affecting
Writs OF in capital wrs of right but
wrs OF grace and they rendered for the obv
that crime would flourish the community
and society be shaken to its foundations if every offender
was allowed to procrasnate the punishment denounced
against his crime by appeals without grounds and without
rendered in the Court for the Correction OF 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 impor
tant may remain uncorrected by the Court Of
Chancery and the Supreme Court. After the sentence
had been against the prisoner Judge
court could stay its execution, any authority
that TO which people humane they just have
Inadvertently committed or crime can Be
given consistently with their security and lfarc If
then the Circuit Judge or either Of the of the
Or he Of xyh as pOv yer
to allow wrts of had granted second OF
that kind to the convict would have been Intellectual
cution Judges bound to exercise judicial discretion
in deciding applications for writs Of and the
Governor freely admits such Difference towards them that
their allowance of writ uld have much weight tho
would not be conclusive upon him in considering the
question whether the execution Of the sentence should
be delayed The Circuit Judge, the Chancellor,
and one of the JUST of the Supreme Court
with the concurrence of his associates, in the
exercise of such discretion decided that there
no ground to question the legality of the judgment
which has been pronounced upon prisoner He then
complained the Governor that the proceedings his
trial were irregular and illegal that the jury not
equal and impartial and that their verdict was unjust
that the judgment of the Supreme Court
that the decisions of the high judicial officers Of the State
were arbitrary and oppressive and proceeded from mo-
tives unconscentous and unjust TO these considera-
tons superadded others calculated to influence the
judgment, move the sympahes Of magistrate. Coun
sci learned in the law, jury lawyers, the press, ct
zens and phahropists were heard in every form Of
dress and the petitions of parent and the appeals OF a
fcted relatives and friends not withheld The
suit was undoubtng conviction that the judges and
were Distinguished Tor intelligence and learning that
the prisoner less guilty than obdurateand that
painful il was under such circumstance to withhold
the hand that alone could him from dreadful
security and the happiness OF society forbade that
il should be extended
bers the Bar and the address of their Committee have
been considered with the respect justly due to those who
united in the meeting members OF enlightened pro-
ession, and patriotic and enlightened citizens and
remains only to announce that the Governor still Of the