The New York herald., 1845-03-22
Court ofOyer and Terminer.
Before Judge Edmonds and Aldermen winship and Dic

1 Juose k1mohhs hno WihsnP shu bS~-
| M.neH -s.n,.ass on Ja~ss Ess@. for t1s yi!tai
6er Iasi MsianeAey Ef,cis II Jssioasy-Ths prisoner
sgs) placed the bar 10 receive his sentence,
and seemed nsenshe 10 the awful situation m which he
sands h- sypssed perfectly cslous and ind nerent ss
has fate Hecommi'iod the crime Of which be has been
found guilty. under the d huenee Il Jelousy We have
already described him belonging TO the lowest
class OF ssorers OF perfectly stupid Sprssion OF coun
tensnee be,rsyrs si the sane time s'fcpB animal pas
| sons; his general aspect 10 siofbidsing.
NJ Z PArsnsos, Esq, District Attorney, appeared 10
his place, and ssiiNay please the court the prisoner
at the bar been ired Of the court. on
charge Of MURDER and ask Tor judgment uron the yer
iiet my painful duty to move Tor the judgment o.
Mr.. Bn.pr-I wish 10 intimate to the court shs, in
tend In good faith 10 put In bill Ct exceptions, and IN
| tend to argue before the supreme Court
Cousr.-Let the prisoner be placed si the bar
The prisoner stood up and suaigned by the
clerk in the usual form for sentence. and asked the usual
question D., Have ~ you any thing to ,sy Why judgment
PaisosrR. (in tecp baitsmoihered tore, rsplied)
have not much, sir, MIR Mcdonnell and Mr. LORI came
up that morning to the wachmsn, aud Mr. Mcdonnell
was the first thst
The Couhr then sddrcsscd the prisoner f5llows
james Eager you have hsd inil and far trial IN this
ma,ter-you have been well defended by able lawyers
The District Attorney who conducted the prosecution,
opportunity for defence and done with grea, care
Your counsel has done you every justice You have
bad evers fair opportunity for the court and the jury
have a watched your with great care and debera
they have acted wisely and we'll the inquiry into
the OF that mans death This yon have not di
slaughter, questions which given the jury.
They have found guilty Of the high crime Of murder
thing to find fault with. encsp, the evil passions that
seemed TO sway you. You have the whole OF this
manifested disposition OF sich Indifference AMI you
have any hope Of pardon escape warn You to dismiss
tha. the Jury should entertain such feelings Of
view Our feelings Of sympathy are as great
but have duty to perform to society and hold to be
hope ior-feeng that you falling sacrifice to the
avengefulsfeeng Of society. Your counsel has said
be nd bond sys no
away-but we not 10 sacrifice the well being OF
ciey, by not visiting with the due penalty Of the law.
the crime which your own evil passions have brought
on you Without any pains to take care, efforts
your part to confirm the unjust suspicious which haunt
ngwayla laid him, end stabbed him twice For all this
We want come apology and even the sacrifice in order
mission Of crime, your sad fate may be warning-o
warnng too as to the evil consequences ofintoxcston
We find the whole ofthis case, nothing bat the evil
passions which have governed you. Y0u therefore,
no to be trusted abroad in society You have sacrificed
the life of human being without cause and It would be
you sacrifice to public jutice-we render such
rifce will net public warning to others There is
part Of the community, fortunately, for whom such
sacrifice IS unnecessarythose who possess proper re
for christianity But there o.hers-the evil
disposed.persons without education. who surround
ed by class persons who violate law end DEFY Justice
upon this class, your dreadful fate is intend.
these ou are made
who live in vice and ideness and take the law in their
own hands. To all these your fearfrl end will be warn
OF your fate will take warning by it. 1.-THE wild passion
which penerates the dark of tho human heart
the commission of this dark deed Of destruction ou
must take the evil consequences You have but few
days to ilye-you are to be cut of from the path Of life
You will pass from life with wonderful rapidity and
enrsat you to use the few days you have to live to
make your peace with your Creator-you to dismiss
all hope, and trust with assistance you receive
that you will be able to make full atonement for the
dreadful crime of which have been found guiltvyou
to be taken from the prison fromwhch you and
the 9th Of May, between the hours of and O'Clock
we sentence you that you be hanged by the neck until
The prisoner received his sentence without the slight
est symptom Of emotisn and Immediately turned round
and spoke to his counsel.
CoURr-We now in the presence Of the Court deliver
to the sheriff the warrant for the prisoners execution
ment. The prisoner withdrew in custody-in irons.l
CouRr-Crer you will now adjourn the Court OF Oyer
and Terminer, and open the
Circuit Court.
Before Judge Edmonds.
MARCH 2l-TRIAL OF MARY BopNE CoNTINUED-SE
eods Se
to the fate of the prisoner There large array Of
spectators were present The prisoner took the same
place assigned her on yesterday, and her mother and
with business Several were rejected under the rule laid
down by the Court.
not being able to find jury shall poll the county.
MIR De Writ considered the announcement an impu-
tation prisoners counsel.
CoURT-Most certainly not.
Up to the hour OF O'Clock thirty eight persons
set aside under the rule of Cout, the ground Of for
j. BUCKLEY placed on the stand having satisfcto
ry answered the various questions already referred
new question, which before not introduced, and
put by Mr. De Wit-Wou!d you have any hesitation in
finding verdict OF guilty in case Of murder, upon cir
cumstantial evidence.
JuRoR-I certainly would hesitate in such case-(set
aside)
WIN. LIrrz-The Foreman here came forward and
remarked to the Court" wish to state the Court
entertain opinions similar to those expressed by the
the stand.
the exclusion OF this juror and also of Mr. Sedgehury
who also had as he had been informed BY the Sheriff.
pressed similar opinions he cited authority in support
Of his position ana was replied to by
Mr.. GRAHAM and also by Mr.. De Wrr who opposed his
views and argument on the subject before the Court
Mr.. WHIrSc replied,.and the Court took a recess.
EVENING SESSION.
Mr. WHITING resumed briefly, asking for the exclusion
of the two Jurors
occasion to go to see Chancellor Kent whose opinion
was decidedly averse to allowing juror to remain on
jury with such decided opinion as that expressed BY
ment and formed the chief basis Of the enquiry far
as they had gone namely to get an impartial jury, and
solute absurdy 60 to trial with such in the jury
box whose decided convictions averss to finding
verdict of guilty with the fact before them that the p
cumstautial evidence.
Mr.. GnAHaM-I wish it to be understood by the Court
tina. put separate exception to the argument OF
the Counsel for prosecution the Of these two
Jurors.
Judges Notes-CoURT-.I wish to state that lost my
notes of the trial my way out Of Court, and am in
clined to think Chancellor Kents residence.
wish the Reporters to take notice of it, az feel much
Inconvenience without them.
MIR. sEpaERRy-One Of the jurors sworn, here came
10 the true Interpretation Of his remarks 10 the Sheriff
He would convict crcumstantial testimony but he
would require strong testimony
Mr. WHTTIrG-Then you are good juror.
Mr. LINTz, the forman, here recalled to the stand
and after examination the question of circumstan.
al testimony, the decision being left to thetwo jurors
already sworn. -
circums'antial evidence.
Mr. WHTIEG--We put in the challenge that the juror
stated he would not Convict legal" evidence and
crcumstantial evidence.