The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-11-26
TO the sheriff pleas OF guilt for granddaughter Ia tic
different were acc epted


different degrees accepted
Circumstances developed IN the testimony, in Van
favored very much the belief that he was one OF those
who fred but the examinations and the testimony
for the defence, presented facts which may explain
these circumstances and together with the fact that he
is not shown by the testimony, at any time, to nave
made expressions approving Of or justify ing the muir
der necessarily shake this belief and leave that point IN
doubt
His conviction therefore, appears TO to rost upon
the broad ground OF his being present armed and dis
gused, and engaged in the commission OF the felony,
and therefore, guilty of the murder under the Sd sub
division othe Attn section of the Revised Statutes before
referred 10 If this be he stood upon par with all
those indicted and in custody who present armed
and Disguised at that sale ana there doss not appear TO
be any for visiting upon kr tire extreme
severity Of punishment than upon any OF the others,
who permitted to lead to minor offences and to
ceive lighter punishment
Are there reasons, which should have distinguished
him favoraby from of those, upon whom the pun
ishnent of imprisonment only has Deen inflicted He
is represented to me as young man, only about TWEEN
tywo years of age almost without education, scarcely
activity Of intellect below mediocrty entirely poor
and destitute Of real personal estss oi descrp
ton, beyond his very moderate wearing apparel and
obtaining HIS living by working for wages by tue month
These representations to this defendant come to
which am bound 10 credit and they place
him in position in lie and in society, where is i'm
possible to believe that he have exertsd any mate
rial influence beyond his single personal cooperation
to originate this instruction or to give direction put
the contrary force the conviction the mind that
he has been the subject of superior influence and the
instrument Of superior intellect
cutting counsel exactly they appear upon the judges
report of the testimony, and had his standing and charac
ter been displayed to them in the they rep
resented to me- have repeated, entertain doubt
that he would have been permitted to enter his plea to
the charge of mansaughter, without remonstrance,
and that some more commanding cuprt would have
been selected for trial for the murder The belief that
he was one who actually fred il appears plain to me
put him upon his fatal trial. fatal II must be- for all IN
like condition were legally guilty.
The jurors, in this have addressed to me an APP
plcaton in reference to this defendant in the following
WORKS S.
To His Erceliency Sla, Wright Governor Of The State
of Netc York
The undersigned, members of the Jury the trial
of John Van Steenburgh, convicted OF the
derers OF Osman N. Steele, late Under Sheriff Of the
County Of Delaware, do most respectfully recommend
him a fit subject for the exercise of your cemency
that they do believe him to have been ringeader
that OCCASION and would most humbly beseech your
Excellency to commute his punishment, Dated Octo-
Der !, 1915"
This paper bears the signatures OF the twelve jurors,
and came TO enclosed III letter from Peter Wright
ESQ., the gentleman who acted the agent of the land
lord at the sale, and who of the most material
wtne for the prosecution upon this trial Mr. Wright
states that the paper drawn by him. at the request
Of the jury Immediately after the close of the trial
signed by them and returned to him. with the request
that he would make such use OF 1t as should be thought
expedient
Another paper has been handed to me, dated October
H. signed by eight of these same jurors much more full
ard detailed in its language, distinctly declaring that
the jury did not believe that the defendant was one OF
those who fired their guns and that they rested their
them by the Judge in his charge, that all those who
were present the sale armed and disguised,
we're guilty Of the murder whe Their they designed to
kill any person not This paper i said, was crcu.
lated and the signatures OF the eight jurors obtained
before it known to those circulating it that the
whole jury had signed the petition left with Mr. Wright
and that after that knowledge was obtained effort
made obtain the signatures OF the four remaining
members of the jury.
The testimony, in the case Of OConner, appears to
me to be much stronger and to deveope facts and cir
cumstances going much farther to show, II not pre-
existing murderous design IN his heart at least con-
entment with and appreciation Of that fatal result after
It had been produced, than that III the case OF Van
Steenburgh
There are portions of the testimony susceptible of
very unavorabe construction towards this defendant
and especially reference to his extraordinary preca
tons against being known and hs feelings subsequent
to the crime in relation to the deed Snl am aware
that those who listen to testimony 1t is given and
the manner OF the witnesses are much the safest judges
OF the weight to be given to their evidence and Of the
differences to be justly drawn from the facts they relate
In this case, also the jury have spoken, beyond their
verdict given court and have limited most materially
otherwise be opened by the reading of the Judges
report Eleven of the jurors have caused to be laid
before statement their signatures, in the fol
lowing words -
"DELAWARE. OYER AND TERMINER
g Ealcard OConner ads. The People.
" To the Governor of the State of New York:
We the Undersigned, the jurors in this case, respect
fully represent that the above named Edward OConner
convicted OF murder by our verdict on thus 18th day
October, lS45 at the Court of Oy and Termner
setting in and for the county of Delaware. He was
charged with being of the armed and disguised men
Sheriff of the said county the 7th duy Of August last
The proof clear and positive that he was not one of
those who shot At the time OF the firing ne was
three rods distant aud Immediately quit the ground and
retired back with others several rods and after delay
OF some twenty minutes started in company with them
for home. The Court charged the jury that all the
ed and disguised persons numbering some two hundred
forty, who the ground engaged in the riot
guilty of felony and therefore guilty OF murder
and upon that charge found the prisoner guilty.
There nothing the evidence to warrant the belief
that he anticipated encouraged appreciated the firing
or oil
believe he had no murderous intention His character
from his youth up, with the exception OIL participation
in the affair OF the 9TH Of August and occasionally having
disguised before the law against Disgusting passed. the
18th January last, was proven to have been good
He is about % years of age The evidence that
among the disguised persons, the 7th of August
positive Under all the circumstances Of this case
by communication OF his punishment to imprisonment in
the State Prison, and we hereby earnestly recommend to
your Excelleney to interfere and save this man from the
awful doom OF death"
Accompanying this statement from the eleven jurors
letter from the twelfth, in these words:
:" His Excellency Silas Wright,
Governor Of the State OF New York"
SIR:-Beng called upon by the friends OF Edward o.
Conner recently convicted OF murder at Court OF Oy
er and Terminer, held by his Honor Judge Parker, at
Delhi, Delaware county to sign petition to your Ex
cellency for Communication OF his punishment IN the
State Prison for life, and being Juror in said Court and
ial did not think proper account OF something set
forth in said petition to sign It with majority OF my
fellow jurors and being willing and desirous that com.
mutation of punishment in the State Prison for life might
be extended to HIM, do cheeruy ask for the same If
consistent with your Excellencys views and preroga-
tves."
This strong appeal of the jury, Immediately upon the
pronunciation Of their verdict OF guilty against thus de-
PENDANT coupled with their distinct and unequivocal in
depreciation Of the testimony in the case upon all the
material points, puts at any hope the public prose
cutors may have entertained Of satisfying the jury that
OConner fired upon the murdered man. The statement
equally conclusive to the opinion OF the jury, that
murderous intention governed O'Conner upon that
occasion.
This statement is true, signed by eleven only of
the jurors but the twelfth concurs fully with the ee
yer their recommendation Of the Communication of the
sentence though without pointing wherein he dis
sents from tho paper signed by the eleven 1t is air to in
Ter that he adopts suca constructions OF the evidence
upon the material points essential to tho concu
SION in which all unite.
feel constrained to state that but for this strong
muncaon from the jurors could not have put so avo
rable construction upon the evidence in this
this statement compes to give to IL; and would not
have been without serious difficulty that should have
discovered authority to interfere and arrest the exc