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

stances grant pardon the prisoner the ground Of
the ncompeency Of his Judges would be acknowledge
men that Judgment rendered by any Court Of oyer
tuition was established with exception, not mere
ly erroneous but void, and would draw after an obga-
on 10 pardon all persons who have been, as Wei as all
who may hereafter be- convicted of crimes in those courts
the chief tribunals OF criminal jurisdiction in the me.
tropols In adopting such course the Governor would
necessarily appear in attitude oil resistance to the laws
and defiance OF the Courts inseadoi performing his pro-
per office Of executing the laws expounded by the Jad
ciary and the pardoning power granted only ior coca
siona purposes Justice aud humanity, would thus be
perverted and made agent Of disorder and revolution
Was the conviction contrary to the evdence'-rhis i'm
portant question has been and could not be in
form submitted to the Supreme Court or to the Court for
the Correction Errors because in every criminal case
the Jury have exclusive right to pass upon the facts
submitted TO them. Their verdict cannot be reviewed by
legal tribunal and the right Of the Governor to eX-
mine IT is only Incidental to the pardoning power
| Samuel Adams resided in New York. OF about the
age othrty years. In active business printer oil books
and extensively known. He disappeared on Friday the
18th OF September ls4l. Inquiries concerning him were
published on the next Wednesday, and sunday the
26h his remains were found in rude box such as IS used
10 sa Tor New Orleans The proof on the Iiai ei no
doubt that he suffered death at about three o'clock in the
afternoon on the l'h OF september by the hands OF the
accused his apartment in the second story of spacious
granite edfce the OF Broadway and Chamber
street. other person being then present was rem.
dered quite certain that the meeting oi the parties ON mat
secession neither preconcerted by them, nor anci
pated by the accused 1t was equally clear that he had
made preparations for dreadful deed and that UNI
Ill that time the parties had maintained amcable relations
and the accused had manifested malice nor even UNI
kindness towards the deceased. These circumstances
bore strongly in favor of the accused But the
trary the deceased meek and inofensive man. lie
unarmed and had visited the prisoner, although
der some excitement yet without any hostile purpose
and when the remains OF the deceased found, the
head fractured with certainly five and probably more
wounds, no longer retained the human form There was
racture large enough to admit the finger OF the surgeon
through the skull into the brain above and behind the
lett ear piece of the skull had been cut out on line
above the ear, and little to the right of line drawn
from the top OF the head towards the spine Again there
fra@t,, rio ,,,is
nestly the result Of blows inflicted with the edge OF
Ratchet In 'front.' parts of the skull commencing far
across twohris Of the space from ear to ear and de-
scendng the right side to include the eye and
large portion of the cheek were broken in and pressed
deeply he brain This fracture made by several
| blows from the hammer end Of the same instrument.
| The Ratchet, which was OF the usual FORM and
IL weight exceeded seventeen ounces found In the
| apartment and identified belonging to the accused
Each of the wounds would have been mortal and which
81 them first inflicted, must have instantly de-
prved the deceased Of consciousness and of all
resistance. such homicide could not have been acc
dental or necessary for seli-deience II was committed
with deadly weapon in cruel and inhuman manner
upon delenceisss, poweress man. Reason and law
that the homicide could not have been innocent
jisthahie excusabe. Society could never exist If hui
man lie could be destroyed in such manner with impu
nifty. then felonious homicide, and the jury hal
only the degree OF which had been per-
petraed By apresumpton ofaw, which Is the establish
ed deduction reason that crime murder, and it
manned tor the marsiayer to show that the deed would
bear mter designation. The accused CO uld show this
only by proving that Adams was perperatng or attempt
ing to pcrperse crime misdemeanor and that the ac
cused did no. design 10 effect death or that the wounds
were given TO ali Adams in committing self murder or
that they cei without design to effect death In
heat of passion, attempt resist murder, or selide
fence sgains, great injury of which the
cused was in Imminent danger No such proof was given
or offered But since other human eye Witnessed the
deed human heard thing but conf used sound
sibe that Adams had assaled the accused the crime
was committed in self defence Even if this could have
bee assumed must also have been assumed not only
that there assault and ARRAY but that the
cused was in imminent danger and in the heat OF passion
suddenly excited intense uncomfortable and blowing no
time for reflection and that he did not design TO produce
peath and unconscious that such consequence might
follow his violence But Adams unarmed. He had
never been known menace the accused or assa any
other person In strength Adams at most did not excel
the accused lhere an aray there would probably
an oucry by one OF the parties unless the rs
| blow terminated the strife by rendering of them
speeches well defenceess the accused had been
In imminent dangerhe could probly have shown wounds
or marks OF assault But he exhibited none. On the
contrary he carefully concealed small and unmportan
discooraon ofthe skin accdentlly discovered by Caro-
| line NJ. Henshaw his neck the morning alter the
| deed was committed. And even If an ARRAY had been
proved could be supposed that the passion ohe
had no time to abate his mind time relent when
the first blow had relieved him from the assaant, and
each subs quent blow fell upon conscious
sisting victim Murder is defined in law be- first, the
killing OF person. (not under the peculiar circumstances
which render homicide excusabe or us,iable from
premedtated design effect the death of the person
killed, Of any human being. 2nd. The killing of
other mot under the same circumstances before mention
ed by any act imminently dangerous to Others and
evincing depraved mind, regardless OF human lie, al
though without any premedated design to effect the
this presents Of the circumstances which
homicide jusfab!e excusahe. Even if the accused
did not design death, the act he perpetraed imm
nently dangerous and the repeated blows inflicted in
inhuman manner certainly evmced deprayed mind,
regardless of human life. Whatever the degree of
crime, it was complete when life extinguished, and
could not be changed by the subsequent conduct of the
accused Yet his subsequent conduct was legtimately
opened to the jury for the light it might reflect the
deed he had consummated. The house filled with
tenants from the base TO the roof The of
the accused separated only by thin folding doors from
an occupied apartment and looked out the Of
the streets Even without leaving the presence of the
dying dead man, the accused could have instantly sum-
mone1 multitude. But he invoked witnesses. On
the contrary according to bis acknowledgement he
closed the only aperture through which he might OBJ
served stripped the deceased Of the clothing BY which
the person might be identified and without aid, and al
most with superhuman effort wrapped in canvass the
three and half feet in length and standing the
rudng knees them down by disloca the limbs
until the box could be closed After this was done and
night had come the accused with hands unaccustomed
such labor washed the floor and carefully stained it
with oil and ink and tobacco 10 conceal the blood which
had been she'd He candesney cast the clothing and a
cles of property found the person OF the deceased
ashed stains from his dress then retired
to his lodgings Early the next morning, before the usual
hour for going abroad he returned TO the apartment and
resumed his efforts removehc evidences of the fatal
transaction. He carefully fastened the box, labelled it
s e an % S
fully removed 1t from his apartment and caused TO be
conveyed to the ship which was expected TO depart
Immediately TO that port, and delivered TO the master
and took receipt for as for parcel Of merchandise.
He had many assoc iates in the city; brother and mis-
who be have been worthy of his confidence
and whom he says he intended TO admit TO the rights
of wife To none of these persons did he reveal what
had happened what he had done. On the contrary
upon mature reflection he says he avoided his brother
and took counsel only with himself He gave Caroline
Hnshaw false explanation of the reasons of his late
the night succeeding the crime and OF his early
absence the next morning. To the person who
pied the adjoining rooms he ai first denied and afterwards
falsely explained Circumstances which had excited susp
con and lay after day, while the friends of the deceased
and his isowczens were engaged in anxious INQUIRIES
crnn Lis fate the accused visited the place whore
The deoease accusomedto transact business and
marked his mysterious absence like sympahising
friend Nature suggests mode Of proceeding in every
exigency but the mode in exigencies so entire
ly dssimilsr those OF guilt OF murder and con- |
scousness Of having committed other forms of hom |