New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-11-26
COMBINATION
OF the Sentence of Van Steenbursh and 0'Conner
Iettpr from, Gov. Wright
Lettei iio'h wv
Executive Chamber,
ALBANY. I'D November. 1915.


SIR: The o:Hcia reports OF tho testimony gwen upon
the trials of John Van Stcenburgh and Edward y Con-
ner lately convicted before the Court OF oyer snd leE
miner OF tour County. OF the murder Ell Osnlan n Steele,
have been placed in ms hands oy the Circuit judge
These reports the statute makes II my duty carefully 10
examine independently OF any application 10 interfere
with the sentences the prisoners and gives me suhor
ity require the opinion thereon OF the Chancellor the
Justices OF the Supreme Court and TIE attorney General
! or any OF them.
! Upon both OF these trials, the question OF law was
raised whether being present az the time OF this murder,
armed and disguised snd engaged in resisting the exc,
cution OF the law in the manner particularly described
In the act the last session, entitled act 10 prevent
usrsous appearing dis guised and armed was felony
within the and meaning OF our statutes Inc
Court of Oyer and Terner decided that these acts dd
constitute felony and therefore tina, the defendants
| If cu,v of them were guilty OF the murder, BY the
terms of the Sd subdivision OF OF the Revised Statutes,
Vol page 65 which enacts that the killing oil human
being when perpetrsted without any design 20 erect
death, by person engaged N inc ~ 'o'o
| ipon the trial OF OConner testimony given by him
before the grand jury upon the examination o te Gsso
of another person charged with TINS murder was oLeF
ed in evidence against himself His counsel objected 10
the evidence inadmissible, because he was CARED 10
testify before tribunal where he couo not DC alo"e9
counsel advise him 10 his rights and aoues anu
where there was Court 10 caution him not 10 answer
questions which would crimnae himself Inc Court OF
Oyer and Terminer oyerred the objections ana admit
| ted the evidence,
On all occasions of this sort have felt it to be my
du,y to avail myselt OF the advice OF the Attorney Gener
ii and Judges separately from the particular submission
10 them u any questions OF law, wnlcn may have been
raised upon trial for murder In these desire
for this advice upon these questions would have render
ed certain my submission Of the reports IL them or as
many OF them as could conveniently reach had not
been par sary urged to do but one OF the coun'
sci for the defendants presented these questions 10 me-
argued them before and urgently requested me to
submit them the Justices OF the supreme Court Tor
;her opinion.
The reports of the Circuit Judge have been submitted
generally these Judges and their attention particular
~ drawn to the TWO questions vi Ia" before sateo.-
They have expressed their opinions fully ana unanimous
" upon BOTH sustaining the decision OF the Court OF
Oyer and Ternner in each am tree to say that
AFTER full examination and reflection hnd myself com,
PEELED To the conclusion. that the Court OF
Oyer and Tcrmner decided both OF these points cor
| rectly.
hs forces upon me the farther conclusion that the
trials and convictions of these defendants were regular
and in conformity the and the testimony leaving
no doubt upon my mind that they were ooh present
the murder Of Steele, armed and disguised anu
in resisting the execution OF the law by the shern tna
they are both legally guilty OF that murder Inc Verdcts
OF the uries therefore in each OF the cases. consider
| fully sustained by the law and the facts. -,
have found exceedingly difficult 10 persuade myself
| that can consistently with proper discharge OF my
public duty 20 any farther in considering the question
Interference my part with the sentences winch tue
law has pronounced upon nese unfortunate anu niis
! guided men.
Yet the cases novel and extraordinary, and the
evidences before are so abundant oil the existence OF
deep and wide spread public feeling, demanding TAR
Their examination into the facts and circumstances oil
these convictions and into the more minute relations OF
these defendants that bloody tragedy that have tet
constrain cd step this limit and take more en-
larged view of the momentous question thus pressed
| upon
! most cold deliberate and cruel murder was com.
mtcd in the open day, and in the midst OF vast coG-
course of i, cIens OF this State; and, beyond
i've or six not man to raise MS hand OF MS
voice against the bloody deed, while hundreds were ac
tive and guilty parc Dators directly or remotely III tho
! dreadful crime. There citizens OF our State as-
sembled with in their hands, not 10 deiend our Tree
institute but beat them down by lorce not TO sus
tain the constitution aud the law but TO violate both
The offence and the only offence of their victim was that
ne had exered himself upon former occasions anu was
then exeItng himself public oihcer oil the State 20
perform the public duty appropriately assigned to man,
and thus discharge himself from the oDgaaon OF tue
solemn oath upon his conscience
It is not true has been asserted that the ASSAULT
upon Steele provoked invited, by hre from MIN
self Il DON the disguised men the testimony upon the
trial OF OConDer positively establishes the acL tnst MS
pistol was not discharged all upon that occasion The
offence against law and its officers which moved this
body of citizens armed and bloody Resistance against
them truth that they were to be competed 10 ut'
fiji their voluntary contracts and to pay debts winch
they had acknowledged themselves, by the most Soieun
legal obligations, justly to owe
In this armed resistance TO the laws thus induced,
were engaged the aged, the middle aged and me young
the wealthy the men moderate means and the poor
the influential and the obscure and they carried their
resistance 10 murder These are the simple facts OF The
| history undisputed and lndisputaole.
| The whole public mind was shocked, and every man.
whose moral principles not perverted, whose love
OF peace order aud law not parayzed rushed to
the aid of the civil officers The guilty pursued and
brought forth from their hiding places TO answer before
offended and violated justice Tor their crimes against the
peace and rights and lives OF their fellow cZens Iney
numbered hundreds some thirty or more oil wnou had
been arresed and placed within the custody OF the law
all OF whom were indicted for the murder
The sanguinary executors OF the laws OF eiyi,
lied would not at this day have contemplated tue
execution of even this number OF men Tor this single
MURDER and yet majority OF the guilty and among
them those believed be the most guilty, both as insi'
gators and perpetrators OF the cfime were al
ing fled hey ond the reach OF process or secreed them.
selves TOO securely for the vigilance OF the ministers oil
justice. 4. o. - !,
Terniner assembled Delhi 10 make this fearful JAIL
delivery The responsibilities resting upon the puDhc
prosecutors and the Court, were immense Ihey were
in the midst alarmed. excited and 10 great eA-
tent impassoneG community. Their Afst duty was 10
sustain the supremacy laws. Their second, as
lar as it could be done by their action to restore peace
and order and harmony 10 broken and- ulsuacIeo
society. :, :.
The public wish and expectation naturally was, that
the severity of punishment should be visited upon the
leaders The disturbances and the actua perpe
of the death upon the influential commanders and NOT
their obscure followers. The standing and the acts Oh
the respective criminal parties were not before the pup
lie and as very natural consequence It's impressions
as TO the legal guilt OF the various individuals implicated
followed It's judgment OF the moral guilt OF each formed
from their apparent relations 70 the crime Inc renee
ton was NOT generally made that ne VINO had The deep
and direct interest VINO exereo the strongest
influence in bringing together that illegal sssembage oil
armed men, and exciting their passions 10 me point VI
murder might have been sagscous enough not 10 nave
presented himself upon the bloody dcd not TO have Gus.
euised and armed himself and not to have taken part IN
the mission of the felony which must preceoe ana
Law the foundation FOR the guilt OF murder II was no.
sufficiently remembered that the leaders 10 Az sioun
less and criminal Instructions those who are iun
OF the whole length and breadth OF the guit TO %
are toe apt TO be absent in TIE hour OF execution OF @
criminal plans and leave liability 10 punishment upon
their less guilty dupes , 49,; 80 -.
fore the rrand inquest OF the county proved to the pub
lie prosecutors and 10 the that the principal lead
er in this instruction, 10 very great extent had oe-
served the cautions common 10 men occupying SINH,
lar positions and had kept themselves from the scene OF
this murder, or made good their escape beyond the
reach of process These legal and judicial officers were
wen aware that all present disguised and armed ana
engaged in resisting the sneri legally guilty OF the
murder; but they well aware that nearly inc
whole number Of those indicted for the murder were so
present and consequently legally guilty OF the crime ana
ha, the conviction and execution OF any sucn nuihoe
Il il natural therefore that they should have studied
the facts developed upon these two preliminary exa
atoms with the utmost care, and the closest
that they might determine who. among me persons
dcted and in custody and unquesnonsoiy ieeay sui,
800 tho most p,y in fact and IN the iignt oil souno