The New York herald., 1845-10-14
Important from the Anti-Rent Region
Two Anti-Renters Sentenced 20 Death
and Four to the State Prison for Life.


Two Anti-Renters Sentenced 10 Death
and Four to the State Prison for Life.
DELHI, Oct. IL, lsa5.
Jndgs--John Pan Buren,, Attorney Cenerat-J A.
Hoaghsfon Esq, District attorney Of Ed,oard
SIXTH DAY-JuDcE PARKER's CHANGE TO THE jury
The VERDIcr-PRIsoNEHs SENrENcED-ApJouRN-
MENr or CoURT.
The Attorney General concluded his brilliant speech
last night to the jury about quarter of IL o'clock.
Judge Parker and charged the jury follows:-
GsNrLEaEsAt tins late hour of the night il is not my
intention to occupy great deal of your time in exami
ing the testimony in this case, but It s my duty to
call your attention to the law applicable to the
doubt order to convict the prisoner of murderlst
That murder committed this is the corpus decti
the whole body Of the rests on that act and
not necessary to dwell upon this murder is clearly
proved by several witnesses established beyond a
Osmon N. Steele, on the 7th day of August, then
Under Sheriff OF this county proceeded to the premi
at about o'clock on that day that he found as
sembled there over 200 men disguised and armed with
the evident purpose ofressng the lawthat in eecting
that resistance Steele lost his life; clearly he
dered ofhis fact there is dispute Ii Is useless stop
to enquire if Steele fired first 1t Shy the law OF this
State ustsbe for officer to take life when resisted
in the discharge of his dutybut it ia conceded that
neither Steele Edgerton fred and it is
for me to dwell longer ON this pont to the facts
Ind. Who committed that murder You must
tain that the prisoner at the bar before you
authorized to pronounce him guilty 1t proved that
from 10 to 30 guns were fred and that by of them
Steele lost his life. Now who responsible fer this
actand here some questions of law arise, which is
my duty to explain to you. Whatever doubts thero may
have been before the Revised Statues to what cons
ued the crime Of murder it Is clearly settled by
the statute which shall read you"Such killing un
unless it be manslaughter excusable ustifable
homicide, hereinafter provided shall be murder in the
following cases:"-
"lst Misrepresentation premeditated design TO
effect the death OF the person killed. Of any human be-
ing as where one lies in wait to take the life Of his
neighbor.,
odd When perpetrated by any act imminently danger
human life, although without any premeditaed design
to effect the death OF any particular individual sad
Judge Parker) when loaded gun is discharged into
crowd and death ensues it is murder because it evin
ces depraved mind.
by person engaged in the commission of elonyn
The case before you comes more particularly under
this section In this case it were proved that the pr
soner had fired at Steele il would come under the first
subdivision Of the statute And any persons engaged
in the commission Of a felony without premeditsted
design to take life all conspring together for partcu
lar purpose and death ensues all aresguy of murder
Where number of persons assemble in this and
commits the murder that one is not alone liable;
all are equally liable On this occasion 200 per-
sons were present disguised and armed and is mpor
tant to ascertain whether they engaged in the com
mission OF felony. Now what is telonyl will refer
ID the statute on that subject which says" The term
felony when used in this act in any other statute
offender on conviction shall be liable by law to be pun
shed by death or by imprisonment in the State Prison"
Were these persons SO disguised and armed engaged in
the commission of crime for which they liable to
be punished in State Prison In order to determine
this we must refer to the statue of l845 which says
that any person convicted upon any indictment for
conspiracy upon any indictment for riot for any
other misdemeanor in which the offence shall be charged
TO have been committed by such person while armed
with sword dirk, fire arms other offensive weapon,
and while having his face painted covered dscolored
otherwise concealed, or having bis person disguised
ed by i'm prisonment in the County Jail or by fine not
exceeding $3.50, or by both such fine and imprisonment
by imprisonment in the State Prison for two years in
the discretion of the Court before whom such conviction
shall be had" They were then, by being there dsguis
ed and armed engaged in the commission Of felony, be-
ment in the state Prison. / give you the opinion O
theCour in relation TO the law for tho prisoners benefit
in order that he may except to he chooses 1t is my
duty to do The Court entertain doubt that all
those there disguised and armed, engaged the
commission off felony In this each and all Of
them guilty of murder under the 3rd subdivision OF
the statute which have read to you. The next ques
ton in this is the prisoner there disguised and
armed engaged In the commission OF felony This
depends upon the evidence-nearly all the evidence
both sides c to this point do not intend to dwell mi
nuely on it, the counsel have done Was the pri.
there disguised and armed? 1t is claimed by the
prosecution that he under the Of Powhattan
that he started from Seacords in company with others
to % ar
line in front OF Earls then into the field where the fir
ing took place. This is the theory the part of the
prosecution. Daniel Northrup was called as witness
by the people and proper here that should speak
OF those persons called by the people, who indicted
IL
true that where the prosecution seeks to convict tes
mony oil this character that you should look at it with
scrutiny will closely scan the evidence-compare
carefully look at the motive and find whether the other
facts correspond. Northrup tesies that prisoner
Earle the 29h of July the ls day SALE dis
guised armed; that he to the rende
to house, and gave notice that at certain time horn
would be blown--ths is circumstance. H. l.. Rus.
sell and Francis Scott testify went to Seacord
found a man disguised and armed, pretending to be
asleep lying the floor there's he was elected their
chie witness state that they believed it the pr
doubts; thought it might be Rutherford; has doubts
now since Rutherford Part of the testimony
s circumstantia and part is positive as to prisoners
identity. In regard to circumstantia evidence, it may
be unsatisfactory and may be quite satisfactory
positive evdense where there positive evidence there
may be PERJURY; in crcumstantal evidence
is more satisfactory than positive; this depends the
tendency Of those circumstances, &C. There other
circumstances on which the prosecution rely Gilbert
Minor, George Wilson, and Charles Neal called
and testified that prisoner into the lot where Minor
was at work and had conversation; he said the posse
gerton didn't fire. first, "for fellow about his
size had two ball holes through his clothes"-
Judge Parker here proceeded briefly TO comment on
the testimony of these witnesses II is in proof that
the prisoner went from there to John F. jerseys II
claimed by the prosecution that they have proved that
the prisoner fred Steele. This is not necessary to
convict him. is good reason for putting him upon
his trial. II is not necessary in the of the court
prove this An effort has been made BY the prisoners
counsel to mpeach John F. Jersey, witness sworn
the part OF the people 1t is your peculiar province to
Judge whether he impsached is proper for you
Another circumstance urged by the prosecution is his
attempt escape with Oliverpassing by the OF
Calder and found with arms in his possession II is also
claimed by the prosecution that his testimony before the
Grand Jury initiates against him. He admitted there.
that he was at Seacords and refused to testify further
You are to weigh each Circumstance according
to the testimony. The defence set up that the
prisoner was at home on the 7tb of August
Peter Dysert was called as witness to prove
this abb. He stated that he a person he sup
posed to be the prisoner that day thirty forty
rods distant at work in the ed would not be positive
II was the prisoner. Also that prisoners gun was at
witnesses house on that day. But will not comment
on this testimony. You will If he stands impeached
you will look at the distance and how well the
witness could recognise the person thirty forty rods
on cIer witnesses were called by prisoner to prove
MS good character Judge Parker here referred to the
evidence But forbear. These the outlines OF
the case-the prominent points made by both counsel
You are to weigh the evidence and il there is a rea
sonabc doubt Of the guilt Of the prisoner 1t be
reasonable doubt you believe your minds that the
prisoner was there disguised and armed engaged in the
commission OF felony you are bound to convict. A
mere possibility Of doubt is no ground for acnnttaI