The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-11-26
Com IN n alton Of Punishment OF Van Steen-
burgA and O'COnner.
Executive CHAMBER,

burgh and O'Conner.
Executive CHAMBER,
ALBANY, 22d November, lS45. #
GREENE MOORE ESQ, Sheriff of Deapare County
srR.-The official reports Of the testimony given
ward oConner, lately convicted, before the Court Of
Oyer and Terminer Of your county of the murder of
Circuit Judge These reports, the statute makos il my
duty carefully to examine independently ofany applca
on interfere with the sentences OF the prisoners and
gives authority to require the opinion thereon OF the
Chancellor, the Justices CT the Supreme Court and hs
Attorney General or any OF them.
Upon both Of these trials, the question OF law
raised whether being present at the time this murder
armed and disguised and engaged in resisting the
cution OF the law in the manner particularly described
III the act OF the last session. entitled ian act to
persons appearing disguised and armed" was "felo
NY" within the true intent and meaning Of statutes
The Court OF Oyer and Termner decided that these
did constitute "elony," and therefore that the defend
ants guiltyof them guilty Of the murder by the
terms Of the Sd subdivision Of section four Of the Revised
Statutes Vol page 657 which enacts that the killing
of human being, when perpsrated without any design
to effect death, by person engaged in the commission
Of a felony, /" shall be murder
Upon the trial of O'Conner, testimony given by him
before the Grand Jury upon the examination Of the
ofanoher person charged with this murder, offered
in evidence against himself His counsel objected to tn
evidence as inadmissbls because he called to ss
fly before tribunal where he could not be allowed
counsel to advise him as TO his rights and liabilities and
where there Court to caution him not TO
questions which would crminate himself The Court
Of Oyer and Terminer overruled the objections and adj
On all occasions Of this sort have felt it 10 be my
duty avail myself of the advice of the Attorney Gene
sion to them of any questions of law which may have
been raised upon trial for murder In these cases
rendered certain my submission OF the reports them
many of them as could conveniently reach, had
not been particularly urged to do but one OF the
counsel for the defendants these questions to
me, argued them before and urgently requested me
TO submit them to the Justices OF the Supreme Court for
their opinion.
Tho reports the Circuit Judge have been submitted
generally to these Judges and their attention particular
y drawn to the two questions OF law before stated They
have expressed their opinions fully and unanimously
upon BOTH sustaining the decision OF the Court of oyer
and Terminer in each case am free to say that after
full examination and reflection, find myself compelled
to come to the same conclusion that the Court OF Oyer
and Terminer decided both of these points correctly
This forces upon to the further conclusion that the
trials and convictions of these defendants regular
and in conformyto the law and the tesm ony leaving
doubt upon my mind that they both present at the
murder OF Steele armed and disguised and engaged in
they are both legally guilty of that murder The
diets OF the jures therefore in each of the cases,
have found exceednsy dcait to e@s iai my
self that can consistently with proper discharge of
my public duty so any farther in considering the ques
ton of interference my part with the sentences
which the law has pronounced upon these unfortunate
Yet the cases SO novel and extraordinary and the
evidences before abundant of the existence of
deep and wide spread public feeling, demanding fur
Their examination into the facts and circumstances of
these convictions and into the minute relations OF
these defendants to that bloody tragedy that have felt
constrained to step this limit, and take
larged view of the momentous question thus pressed
upon me.
mitted in the open day. and in the midst Of vast
of the citizens of this State; and beyond
voice against the bloody deed, while hundreds
tive and guilty Psrtic,pators' directly or remote.
Of our State, assembled, with arms in their
hands, not to defend free institutions, but to
h snd s by o the
and the only offence, Of their victim that he
had exerted himself upon former i occasions, and was
to perform the public duty appropriately assigned to him,
and thus to discharge himself from the obligation Of the
solemn oath upon ms conscience IS not true, as has
been asserted that the assault upon Steele provok
ed invited by fire from himself upon the disguised
men; the testimony upon the trial OF oConner posi-
lively establishes the fact that his pistol was not dis
charged at all upon that occasion The offence against
the law and its officers, which moved this body OF c
zens 10 armed and bloody resistance against them, in
truth that they to be compelled to fulfil their
own voluntary contracts and to pay debts which they
had ackno wledged themselves by the most solemn e
gal obligations justly to owe.
In this armed resistance to the laws, thus induced,
engaged the aged the middle aged and the young
the wealthy the men of moderate means and the poor;
the influential and the obscure and they carried their
resistance TO murder These are the simple facts Of the
history, undisputed and indisputable.
The whole public mind was shocked and every man,
whose moral principles were not perverted whose love
OF peace and order and law were not parazed rushed
and brought forth from their hiding places to answer
before blended and violated justice, for their crimes
against the peace and rights and lives of their fellow
citizens They numbered hundreds some thirty or more
of whom had been arrested and placed within the custo
y OF the law, all OF whom were indicted for the muir
The most sangunary executors Of the laws of civil
zad State would not al this day, have contemplated the
execution of this number OF for this single
MURDER and yet the majority OF the guilty, and among
them, those believed to be the most guilty, both in
stgators and perpetrators OF the crime, at large
having fed beyond the reach of process secrcted
themselves too securely for the vigilance of the minis
ers Of justice.
Under these circumstances the Court of Oyer and Ter
miner assembled at Delhi, to make this fearful Jail de.
livery The responsibilities resting upon the public
prosecutors and the court, were immense. They were
IN the midst of an alarmed, excited and to great ex-
tent imprisoned community Their first duty was to
sustain the supremacy of the laws. Their second,
far as corld be done by their action restore peace
and order and harmony to broken and distracted soci
ETY.; ,. a..
the severity of punishment should be visited upon the
leaders in the disturbances and the actual perpetrators
OF the death upon the influential commanders and not
their obscure followers The standing and the acts Of
the respective criminal parties were not before Inc pub
lie and, very natural consequence its impressions
as to the legal guilt of the various individuals implica-
ted followed its judgment OF the moral guilt OF each,
formed from their apparent relations the crime The
reflection was not generally made that he who had the
deepest and most direct interest," who exeed the strong
est influence in bringing together that illegal assemblage
OF armed men, and in exciting their passions to the point
OF murder, might have been sagacious enough not to
have presented himself upon the bloody field. not to
have disguised and armed himself and not to have taken
cede and lay the foundation for the guilt Of murder
was not sufficiently remembered that the leaders in all
groundless and criminal Instructions those who are
fully aware of the whole length and breadth Of the guilt
TO DC incurred are too apt to be absent IN the hour oil
execution of their criminal plans, and leave the liability
The examinations before the soroners jury, and before
the grand inquest of the county, proved TO the public
prosecutors and TO the court that the principal leaders
IN this insurecton to very great extent had observed
the cautions SO common to men occupying similar posi-
uons and had kept themselves from the scene OF this
MURDER or made good their beyond the reach OF
process These legal and judicial officers were well
that all present guised armed and engaged
IN resisting the sheriff, legally guilty OF the muir.
der; but they were as well that nearly the whole
number OF those indicted the murder present.
and consequently legally guilty OF the crime and that
the conviction and execution Of any such number was
out of the question.
was natural therefore, that they should have stu.
died the facts developed upon these preliminary ex
amination with the utmost and the closest scrut
ny, that they might determine who, among the persons
indicted and in custody and unquestionably legally
guilty the most guilty In TACT and the light OF