The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-10-03
Anti-Rent Trials, &c.

PecPte-Irt 81 John Pan Sfeenburgh for Murder.
FIFTH DAY.-The Court met this morning at 9 o'clock
The testimony both sides having closed last evening
Hon SIS Bovine proceeded to the on the part
of the prisoner The argument listened to with the
closest attentont chaste and briia MT and
the learned counsel closed his remarks with
and most affecting appeal for mercy which brought big
drops OF pity into the eye and caused them
do the rugged, furrowed cheek OF hardy noun
tsineer while the counsel told ofthe anguish broken
| trial for his life
B. Steele. Esq, District Attorney of osego County
lowed Mr.. Bovine. on the part Of the people.
The Court now took recess for dinner.
Upon again assembling. Hon Samuel Gordon rose tc
make the closing remarks to the Jury the pa Of the
prisoner.
As Mr.. Gordon commenced the Court. Room doo
opened and brilliant array of beauty grace and love
illness entered the hall where justice enhroned IL
her majesty The sudden and unexpected appearance
ofso many fair and beautiful women caused the gallant
eyes graceful forms, sparkling and animated features
undoubtedly drew forth from the learned counsel the
feeling able and logical argument which he made
Old Delawares iarest dsug hers with hearts fall oil
sympathy mercy and affection, had coDgregated in her
court house. witness the trial of one Of her sons fol
his life. The hitherto downcas face of the prisoner
seemed to brighten with hope he gazed in astonsh.
ment this sudden display OF loneliness The hand.
some features o the presiding Judge who has been for
days busily engaged in the performance of his
ty, was now wreathed with smiles, as each blooming
Hebe and simple maid OF nature took her seat.
But the greatest sensation was manifested among
younger members Of the bar, and shall say itD the
corps of reporters who sat directly opposite the dazzling
array.
Mr.. GoRpoS's speech listened to throughout with
breathless interest He commenced with some remarks
In relation to the persecution had himself received In
consequence of having addressed meetings of antrent
es and then passed to some questions OF law He con-
ten led that the assembling Of disguised to resist the
execution OF distress warrant though armed,
per felony under the th section OF the of the
OF January lsa5 but misdemeanor ony that the stat
ute does declare the offence to be felony that il is
crime created by the statute and not felony at
common law. The offence was punishable by fine
imprisonment in the unity JAIL or by imprisonment in
and daCla rad II pot
felony at the common law which not is not fe-
lony blythe statute unless egslature declare dis
tnctly Felony does depend the amount degree
but the nature OF the crime petit larceny
punishable by 6ne and imprisonment in tie county Jail
and yet 1t ia felony at common law, because by COM
mon law forfeiture of lands and goods conse.
quence of the conviction. SO crimes punishable
with DEATH and yet no ielonies Murder is felony at
common law because the lands and goods forfeit.
ed. Felony comprises every species of crime which
occasoned at common law forfeiture of lands and
goods Riots were not felonies at common law Felo
MES breaches of the peace strained up that de-
gree OF magnity by virtue OF the Statutes declaring
them be elones Disiranchisemen is part of the pun.
shment conviction for felony, end when the Legis.
lature intend to ax to crime then created the dis
qualification of acknowledgements they must declare
their intention by sailing it felony; because it
felony at common law. In this case if the offence be
felony, is contingent, depending the amount of
punishment to be imposed by the court after conviction
If felony must be absolute at the time of commission
and not made such by the erpos sentence of the
court, crime is felony felony when committed.
In the construction of penal statutes, when there any
doubt in the it is the duty of the court and jury
to consrue them as not to multiply the elonies unless
the construction be supported by express words Here
is attempt by construction Of doubtful penal statute
to multiply elones to build them constructive murder
The argument of the opposite side assumes that the
assembling of disguised men was a felony, and there
tore all were guilty of murder though not actually
sent NOR ing, to the firing Of the guns The learn
that If the crime was felony still the defendant was
not present at the frngdd not consent to hand was
not therefore, guilty OF felony.
The Court now took recess for tea. Upon again
sembling, SAMUEL SHERWOOD Esq. counsel for people,
testimony with his usual brevy and discrimination and
quoted from the Revised Statutes and other books
show that the persons assembling at Eares were guilty
OF felony, and therefore OF murder, as murder
MIR. SHERWOOD read from I'D Revised Statutes, page
$751; section 30th, the following =" The term felony
when used in this act in any other statute shall be
construed to offence for which the offender on
conviction, shall be liable by law TO be punished by
death, or by imprisonment in a State prison MIR.
Sherwood continued at some length this subject.
The mail il closing and will send you the charge of
Judge Parker to the Jury tomorrow.
HuDsoS, Sept Both, Is45, 10 AM
The Case Of Big Thunder-.7n Epitome Of his Life, &c
The jury empalneled in the of the People Dr.
Boughton, have been in confinement twelve hours
and as yet there is no possibility Of verdict The last
report from the scene of their deliberations is for
viction, and for acquttal Judge Edmonds is deter
mined to keep them confined until there hope left
either for the prisoner the of the jurors
themselves If they should agree will transmit their
verdict to you, in all possible haste
Our city was unusually disturbed yesterday, by the
arrival Of all the Van Buren, family and OF the
renowned gentlemen oil the tx Attorney Gene raj
Barker is now here accompanied by several OF the
ern ocooco pedestrians on the ladder OF democracy,
anxiously awaiting the deliberations OF petit jury
The Attorney General made very able speech Of some
eight hours in length to house full OF the fair and
beautiful of our city and neighboring towns, who
couraged the young wdower by their smiles and made
him brave and eloquent by their presence. All eyes
beamed with love and enthusiasm when he and
pronounced the emphatic WORKS of-Gentlemen of the
jury 1t seemed to electry the female part of the
muny nightly, If may be enabled to Judge from the
tering which was constantly kept up. His speech was
more good and sound reasoning than he made
before He was particularly pointed in his remarks
corning the sherIf's testimony.
ELEVEN, A. M-Fhe Jury have Just in with
verdict of guilty. Judge Edmonds had few minutes
previous ordered beds for them which brought them to
the scratch in double quick time He deferred the
tence until p NJ inst The prisoner seemed to betray
symptoms of grief but bore it with becoming Indian
fortitude His countenan although worn seemed
little more downcast when told of his fate Sheriff
Miller was elated beyond comparison; his mouth seemed
stretched from ear 10 when the spell OF silence which
pervaded the broken by the tone Of
Guilty uttered by the foreman.
Two p M.-The Court has again convened to pro-
nounce sentence upon the guilty-and jammed house
it isall the elite of the city are it seems on the quo
ripe for parting peep at the prince OF widowers who
looks rather worn out to-day owing to the arduou task
he has performed The prisoner being asked II he
had thing to say why the sentence of the law should
not be pronounced upon him. replied in few remarks
the substance Of which that he innocent. and
always thought he was doing nothing wrong when act
ing in the capacity Of an Indian He then sentenced
in brief but solemn sentence to hard labor for life in
the State Prison Thus this farce hath ended nature still
blooms and plotting still will plot And since
we have danced comes our mite to the fiddler, which
will be
This however is the most extraor binary case have
heard Of All whose minds have not been poisoned
with prejudice astonished and At the verdict
furnishes parallel Ten witnesses swearing po
svely to alb, and still the jury convictng the pri
soner They retired last evening at nine o'clock and
sat up all night They first stood sir and sir then nine
eonricns and three for dequitng aud lastly ten TO wo, III
they agreed What accounts for this strange procedure
Was il the evidence Common sense tell us, no Was
o Attorney General
listened to his remarks cannot attribute to that Was
it Judge Edmonds charge oh there's the rub. Did
he not tell the Jury that crcumstantia evidence
more reliable than positive" Let him answer.
Doctor Boughton has been sentenced by the Judge to
spend the remainder Of his days in the State Prison in
the County of Clinton He is thirty six years old
born in Rensselaer, County in the town Of Mas gra
duated at Middleburg College in $780, received the de.
gree Of NJ d. at Rutgers College in New York practiced
medicine at Saratoga Springs during the Of 1888
and 1884, moved to Delhi the year following, where he
also practced in company with Dr. Steele uncle Of
he amentcd Deputy Sheriff till the breaking out of the
Patriot war in Canada when he enlisted under General
Van Rensselaer,, at Albany together with Gen. Roots