The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-11-26

, lO4c.
previous this OCCASION since the passage OF the law
making il crime TO appear disguised and armed
Inasmuch however, as consider his case placed, ~
the statements Of the jurors to which have referred
and which have copied, upon the same l,ga footing
with that Of Van steenburgh, cannot find enough in
the difference between the personal standing and nhu
OF this defendant and that of Van Stsenburgh, to
authorize me to insist upon the execution oil TINS
sentence, If interfere to arrest the execution OF the
other.
Considering tbs .wo cases again together therefore,
and standing upon the footing for the purpose OF
my action am bound to that these defendants
among those who fired upon the iamentsd Steele
and tha their guilt consists in their being present armed
and disguised resisting tho sheriff which made them
parties to commission Of the felony and IN that way
legally guilty of the murder 81
srhere are those who did fire. who did actually COM
nit that cruel murder: and there are those VINO ala
lead couuuand and control that fragrant proceeding
bssr,sa these defendants are not proved to have
borne relations TO that daring CRIME that inc urie
who tried them so aronsy urge ,ae ss u
ly expressed that many OF the citizens OF the state
urge the inerposition Upon TINS point mere nas
been a harmony and strength OF expression: very
seldom witnessed upon similar question: Inc Ieeihs
seems to be almost universal that while SO many were
guilty of the actual killing OF the lamsnted Steele ana
so many more were principals in urging on, commanding
and directing those who were 40 guty puhisnnenl ~
the State Prison for life isa sufficient degree OF
exercised towards those who stand IN the second
degree Of moral guilt only parties to the felony Whch
laid the foundation for the murder.
In speaking of the public expression, refer more
especially that proceeding from the counties removed
from the excements which have brought about TINS IN
surrecticn and from citizens the highest stand,ns and
respectabty a.. Of whom have deep stake in the pre-
servaton of public order end many oil whom are directly
have led to these crimes That strong feeling
of sympathy for these defendants should Eeve pre-
vailed in the counties pervaded by these eXons
ments and strong EXPIRE sson in their favor should
have come IRON them, were results to be antici-
pated but that, from the counties where there has
been but opinion and voice in relation 10 these
disturbances where all resistance to the law mas Deen
viewed with unqualified disfavor; and whore this muI-
der universally looked upon as the most agra
vat ed offence in whole calendar oil crime united
voice in favor OF the Communication oil the sentences VI
these defendants should be expressed was NOT SO nau
rally have been expected Yet such has peen the act
in numerous instances; and proves most clearly TO me
that while the published reports Of these proceedings
especially OF these trials have been anxiousy scru
tnised and while the disposition and DETERMINATION 70
the law and punish crime are in no degree yield
ed there is jealous that appearance OF undue
or unjust severity in executing the law shall afford
cloak or apology for future violations.
Thirteen persons are olready undergoing their PUNISH
for life and nine for terms varying from seven 70
ten years In classification these defendants are suppo-
sed to stand with the thirteen and seems c be consd
cred that their should be assmiaod to the
most guilty their class and the extreme punishment
legal guilt is without mitigation This course, It is con-
denty asserted will best promote the cause OF law and
order because it will avoid all pretext for compliant
inequality injustice, has characterised the exc
cutiOn Of the law. ,
If had not found the statements Of the jurors in these
cases. and especially in the case OF OConner, control
ling upon my action this natter these wide spread
and strong expressions off sound and pup
lie opinion, formed from careful examination oil the
testimony the publicly reported recommend
ing, they do the same communications OF the punish
ments would have added great weight to those state
The disposition apparent upon the face OF these
expressions to sustain the law with the least pracuca
be o. ana 70 Try ss o. or
question to the effect Of the or the other upon the
disturbed portion OF the public mind IS worthy OF an IN
teligent and patriotic people and should have weignt
with their agents in the administration OF the laws
In addition to these reasons, inclining my mind to-
the Communication of these sentences four oil the
county Judges who members of the Oyer and Ter
mine at of the trials of these defendants have
with selling honorable to their characters as judges
to me the fact that they have been solicit
ed TO sign petitions for the Communication OF these sem
and have declined to do So not because their
minds made up in favor Of the execution oil the
defendants but because they did not CONSIDER u pro-
per expedlent that they should interfere with
sentences OF the court Ill that way they state that
the r inor nation as the mendaons of their
specve ures and to the expressions Of the public
judgment is such to enable them to form conclu-
sions from those evidences aud that their Impressions
derived from the trials would leave them in great doubt
what advice they ought give if called upon to give
any but they feel it to be their duty advise that,
if my Of public duty from all the facts before me-
fences they shall most cheerfully that deci-
sion. The remaining Judge was absent from the state
and could not be consulted.
regret be compelled to say that the evidences be-
do not authorize the belief that all disposition to
the law has been surrendered and have no right
hope that there not those in the excited counties
who will seek to make the communication OF these sem
the foundation for encouragement to their de-
its execution will hope that such efforts will be confn
ed to the few and that the many who have oeen
and led away by unprincpied leaders ana aemagogues
have already enough Of the unmxed evl Oh their
unlawful course to satisfy them that neither wealth nor
happiness liberty nor security are to be found IN
IT, however this reasonable expectation shall be dis
appointed and the Communication OF these sentences shall
be made an encouragement farther the public
as ell entrusted with the execution OF the laws
will be consoed by the reflection that lenient means
tried and spurned before the rule oil EXTREMIST
i ~ n a
have been urged to hnd ground for committing these
the that the offences are polt
therefore entitled to different and more lenent
treatment than ordinary offences OF similar grades 10
my mind this presents no Moderated aspect
OF this murder Ii could my classification call this
commenced and prosecuted to resist the
collection OF admitted debts rebellion, or attempt at
revolution of the State government, should hnd lear
add the crime OF treason to the caa-
ogue already made up than to discover ground LOT IN
diligence in its political character.
Inc other considerations, however, which have pre-
sented have induced me- without much hesitation to
conclude that the commuaton Of these sentences may
be more beneficial to the Of law and order than
the execution Of the defendants If have not mistaken
that point my public duty plain, and ITS performance
ia entire accordance with the personal feelings which
must prevail with every citizen But for a frm belief in
its imperious necessity, no one would desire Puplc
execution and when there appears to be even an equal
probability that mitigated punishment may produce
equally salutary results upon the great interests OF
society involved, trial OF the lenient course would
seem be alike the dictate OF duty and inclination
have therefore, decided to commute the sentences OF
the prisoners your custody John Van SteenbuIgh and
Edward Oconnor from that OF DEATH me
court Imprisonment in the State Prison. during
the terms Of their respective natural lives, am sna
send herewith the necessary papers to authorize you
transport them and deliver them at the proper prl-
son am, very respectfully,
Your obj servt,
miscellaneous.
| A party OF Ottawa Indians were IN St Louis on
the 9Th inst on their way the canebrakes OF the
south, purpose OF bear hunting They reside on
/ ~ Tnsy