New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-11-26

different degrees were accepted
CrcamaiSDcss developed In the testimony, AZ AZ
steenoarghs gwen the part of me Prosecuon'
favored very much the belief he was one OF tnoec
who fred but cross exam and the iesn1O
ny or tho defence presented fscts which explain
hese circumstances and, together Wit the TACT thai ne
IS not shown By the testimony any time have made
expressions approving or or Qualifying the murder ne
cessary shake this belief leave TIA, ooin in doubt
dis conviction therefore, appears 70 rest upon
the broad ground Of his being present and di
guised and engaged IN the commission OF the felony
and therefore guilty Of the murder under The third SUBJ
division OF the 4th section OF The Revised Statutes be-
fore referred II this be he stood upon par with
all those indicted and In custody who were present. arm
ed and disguised that sale and there does not appear
sny Tor visiting upon him the extreme
severity punishment than upoa any vi she others
who permitted 10 plead TO MINOR offences, and 70
receive lighter punishment
him fayoraby from OF those upon whom The pun
shment of Imprisonment mas been inHicsed he u re-
presented TO young nsn. only ABOUT twenty-five
wears OF axe almost without education, scarcely abe 20
read able write AZ al IN force and scaSisy OF
intellect below mediocrity; entirely poor ana desaiate
real personal estate OF any Description beyond MS
very moderate wearing apparel and obtaining bis living
by working for by the month IHese representa-
lions, TO this defendant come to me from sources
which am bound to credit and they place MIN IN po-
life, and 10 society where u Is Impossible 10 De-
eve that be have exerted any riAieTia! influence
beyond his single personal cooperaon 10 originals this
Instruction direction but on the contrary
the conviction upon the mind that he has been the
subject OF superior influence and the instrument OF
! superior intellect
Had the facts in this case been known the prose
cutting counsel exactly they appear upon the judges
report the testimony, and had MS standing and CHAR
acer been displayed 10 them in the manner they are
represented 10 me, as have repeated entertain no
doubt that he would have been permitted to enter his
plea 10 the charge Of granddaughter, without remon.
strance and that more commanding cuiprt would
have been selected for trial Tor the murder Inc peAci
that he was one who actually fred appears plain 10
me- put him upon his fatal trial. fatal II must be, FOR all
J IN like condition were legally guilty
| The Jurors 10 this have addressed to mo an ap-
plica,ion reference to this defendant In the following
words:
To his Erceeaey SILAs WsIaHr Governor Of aa4 Ssse
| Of Neto-Y York:
All St.enhuryh OF the nurderefs OF Us
Steele under sheriff OF NE County os Deia" arc,
DO most respectfully recommend him as 1T subject Tor NE
exeTcss OF YOUR ceeucy that they do not believe aim TO
ring eader that OCCASION and would nost
humbly beseecn your e1ceLency 10 comhu1e uis Push-
menL Dated October /. ls+5"
This paper b. airs the signatures of the twelve Jurors
and came 10 NE, enclosed In a letter from Peter r
Wright ESQ., the gentleman who acted as the agent OF
the landlord the sale, and who was Que OF the most
material witnesses for the prosecution upon this trial
Mr.. Wright that the paper was drawn up oy him
the request OF the jury immediately after the close OF
the trial. signed by them, and returned TO him win
the request that would make such use OF as should
| be thought expedlent-
signed by eight of these jurors much more fuli
aud detailed language distinctly declaring that inc
Jury did not believe defendant was one OF those
upon express ground OF tho law as given 10 them by
the Judge his charge that all those who were present
at tne sale armed and disguised, engaged in the
preparation OF felony and therefore were guy oi the
murder whether they designed kill any person or not
This paper it is said circulated ana the signatures
OF the eight jurors obtained before was known 10 tnose
circulating the whole jury had signed the pe.iton
left with Mr. Wright; aud that alter tnat knowledge
was obtained, effort was made TO obtain the sigma
lures OF the four remaining members OF the jury
| The testimony, in the case OF OConner, appears to
J and m dayp
cumstances going much farther to show, II not pre-
existing murderous design Ia his heart at least con
yentment WITH and appreciation Of thar fatal result alter
bad produced than that IN tbs case OF Van seen
| bursh. ...,,
very uniavorable construction toward TINS DEFENDANT
and especially in reference his extraordinary precau
lions against being known and his feelings subsequent
TO the crime in relation to the deed Sun am aware
that those who listen 10 testimony as IL gwen ana see
the OF the Witnesses a-e much the SAFEST judges
OF the weight given their evidence and oil lhe
inercnces be justly drawn from the acs they ieate
In also the jury have Spoken ueyohu tneit ei
diet given court and limited most materially tho
rsnye OF construction and inference which might other
wise be opened by the reading OF the Judges report
Eleven OF the jurors have caused TO De lalu before e
statement over their signatures IN the following "o's
| "DELAwARE OYER AND TERMISEh
, EDWARD O'CoSSER ads. THE PEOPLE
To the e. Of The State % Ne0-Yo'ki ,...,s,r
Undersigned the jurors 10 liH case respectfully
named Edward Conner was CON
vced murder by verdict on this day OF ocooer
for Inc County OF Delaware He was charged being
oil the armed ana dsgcised ne present q, e
OF Osuau n Steele, uudershenh OF the said County on
the day OF August last The proof Was clear anu posi-
i've OF those who shot Al me 9ine o.
The firing he reds distant and immediately
quit ground and retired back with others several RODS
oad ss5 6ey Of homs Tns Count me jury a
al the armed and disguised PERSONS numbering some !"
iis not were guilty OF felony therefore giily
murder and upon that charge We found the prisoner s
Tb.rs was noinng in tho evidence the belief that
ing OF steele, or any one else or lhe horses
ter from his youth up, with the exception oil his participation
in the affair Of the 7h OF August aud occasionay havns
disguised before the law against gusng passed tho s
January last proven have been good He Is about
years age The evidence that he was among tne aus
guisrd persons the TN OF gust was not posture 10
DER OF this believe thai pubic
u.tice would be better satisfied by Communication OF MS
puas Imprisonment in the State Prsoni aud we
hereby earnestly TO your Exceehcy 10 interfere
and save this man from the awful doom oil deaih
Accompanying this statement from ;ae eleven jurors
| was letter from the twelfth, IN these words
hs Erceile,cy SILAs WRIGHT, Cor. The State Of " "
SIR: Being called by the trlends OF Edward OConner,
recently convicted OF murder Court OF Oye and Ter
miner held by his Honor Judge Parkef at Delhi
OF his punishment To the State Prison for life and be-
Ing Juror in said Court aud trial. die not think proper,
on of something forth said petition u sign Il
umajony o my fellow Jurors and being Wiling ano
Prison FOR fe might be extended him. do cheeriy ask
for Tho same II Consistent with your Excelencys views
| and pre!ogauyes"
This strong appear Ol sao
pronunciation their verdict Of guilty against TINS de-
endan coupled with their distinct and unequivocal In
erpretaton of the testimony in the case, upon all the
points, puts rest any hope the public prosecu.
tors may entertained OF sansfyng the jury that
OConuer bred upon the murdered man. The statement
is equally conclusive the opinion Of the jury that
no murderous intention governed OConner upon that
occasion.
This statement it true Is signed by eleven only OF
the jurors but the twelfth concurs fully win the
eleven in their recommendation OF The Communication o!
the sentence Enough without pointing OUT wherein ne
ssents paper signed by the eleven Is iaif 70
infer that adopts such CONSTRUCTIONS OF the evidence
upon the material points essential 10 tne conciu'
sion In which all unite.
feel constrained TO that but for this strong COM
municaron from the jurors could MOI have put 90 Ia
vorabe construction upon the evidence N ms case a.
this statement compels 70 give 70 IL; and twould not
nave been without serious difficulty that should have
discovered authority interfere and arrest The exc
cuuon of this sentence. goo
How far may be right In pcrmittngthi statement OF
the Jurors made without oath, so materially TO nody
the influence upon my action OF their verdict upon oan,
has been serious question with me, and may De WIN
others but have been able 10 convince myself tnat
have the right deny the statement iu autnory,
as truly expressing the belief and disoeiie OIL ne
who have signed IL upon certain points oil the testimony
.I,,,at dtDUa