New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-21
The Delaware Trials-Cnsc of Earle.

The District Attorney and Attorney General desired
To TN him on that Indictment. and said they could
convict him; and 80 great was the excitement in
that county against him, that he doubtless would have
been convicted. and ifconvcted he would have been
certainly hung until he was dead His Counsel being
entirely satisfied that he was in all respects an limo
cent man. determined to save his life il possible
and made an application % the Circuit Judge, upon
strong afdari's TO remove the Indictment into the
supreme Court By cerliorari. with view TO his be
inc tried IN some other county. That application
was denied They then applied 10 the oyer and
Tcrniner 10 put OF his trial until the next term OF
the Court. upon the ground OF the absence OF two
material witnesses setting forth what was expected
10 be proved by ihem-Ihat one was sick in the
City OF Newly 0rk. and the other gone upon wed
ding excursion and could no, be ioGnd also upon
the ground that fair and impartial trial could not be
had ia the County OF Delaware IN consequence OF
the great prevailing excitement-a citizen Of Delhi,
well beloved and related TO the principal iami les
public officer in the discharge OF his duty having
been killed-the County declared in state of nsur-
rec,ion and the Court protected by an armed force
causes Ofcxciiemeni. deep, pervading and univer-
sal This notion made SIX DAYS after an ndict.
ment for murder. the prisoner all the time IN close
confinement with 40 relative 20 AID him but wife
% wears old his Counsel constantly employed in
the trial of Van -teenberg. h and having not mo-
ments opportunity 10 prepare his defence, with
scarcely time for a single consultation to ascertain
that he had perfect defence but could not be pre-
pared for trial a, that term-this motion. fairly
made so nieritorious that ought not Tor moment
10 have been opposed. and granted without argu-
ment was strenuogsly opposed by the District At
torney and the Attorney General, lnsomuch that
weil-gronnded fears were entertained by his Coun-
SCI that II would not prevail especially as us dec-
ion was postponed till the next morning, and Il WAS
49, y. all as.aH
10 is postponement Under these circumstances. TO
save their clients lite and the lives of others, and
trusting TO the changes of time obtain his pardon
and freedom his Counsel yielded TO proposition to
plead guilty of manslaughier IN the LIST degree, their
client conserving.
Twill briefly endeavor TO show that Moses Earle
was guilty of nothing bat a misdeameanor, and
hardly that and in no other county than Delaware
do believe that he could have been convicted OF
any thing more.
In showing this shall refer las the Court did in
Ia, opinion upon his case TO the evidence OF the
PeoDe oniy given upon the trial Of Van Sieenbcrgh
end TO the proof upon which the Attorney General,
upon the motion to put oil his trial said he relied to
convict him. and that proof was the following and
no more or other
Isl, lie refusedto pay his ren,-s crime, perhaps,
in the opinion Of landlords but not in the eye Of the
law
ID He fed the Indians in tn, woods on the 10Th,
the day for the first sale.
3d That he told some one he had concluded not
To pay the rent and they would have TO tight out
that the property was in the care of the natives.
It'll That he said 10 Steele after ne was shot that
he roula not pay hi. rent if it cost 40 lives This is
all the evidence the Attorney General pretended
10 have. There was no pretence that Earle was
erer armed or disguised. that he was present at
the time Steele was shot, or out OF his own house
on that occasion
All this evidence that seems TO make against
Earle was answered and explained by the People :
testimony on the trial of an Steenbergh aud could
have been more fully answered. Ii was proved on
that trial by the Sheriff himself that Earle on the
2qth the first sale agreed pay his rent and alter
ward wrote him a letter that he should not pay H.
but he must sell. Ii was then proved that the In
dian- Immediately after the 29th called meeting
and resolved that he should not pay II. This then
nroyes that he lEaricl v0s ruling to pay his rent
and prevent difficulty but was oyeuuled by the IN
dams and il Is notorious that the Indians DO by
intimidation prevent men from paying their rent
And II landlords and their agents, sherns ana tnelr
d.putie. armed with the whole power OF the COun-
w. We're forced to yield TO these Indians now much
more an old man destitute OF any trmness oil char'
acter This then proves that II Is unreasonable
and Improbable that he told Steele he UOntd net
mn hts rent If n cost 30 hres The fact Is other
yise-he was willing to pay and promised to do So
but was prevented and all he said 10 Steele was
that ne could not paw H. &c-an expression true IN
fact and easily altered by those that would have II
so. and indeed if true amounting to nothing Tor the
deed was done certainly without his knowledge or
consent.
But the People also proved on the trial of Van
Steenbergh by Daniel Northrop. one of the princi-
pal Chiefs on the fatal day-noiorous IN all this An
ii. Rem: war-an informer--a confessed murderer
swearing TO hang others and himself and there
fore swearing to all he could and all nc knew and
it any knew, hc did" that icds Hotthe 'htehtt0H
of me indians az going 10 Edris on the tn ot An
gusf the last dGy Of sale. chen Steele was ktted/
10 k.H or hurt any one but simply to brighten away
the officers" That evidence, no doubt true, disPo'
ses of the whole question as to Earle being guilty
of ANYTHING beyond a mere mlsdemeanor he
was al home unarmed undsgused desired to pay
his rent but was prevented, and for tins ana only
this that old man OF %. harmless and unreslstng Is
torn from his aged wife years older than himself
with no child TO protect her sent to prison for life
while more than 100 men, some chiefs, that were
present aiding and assisting armed ana disguised
are discharged
If the public ask as they have a right to ask, why
then he being innocent did his counsel consent 10
plea OF guilty of Granddaughter, the only answer OF
ours is to save his life which was IN iearill peril
trusting TO the ustce not the mercy, OF the Execu-
tive to release him. and if does not do H. ne Is not
the man have believed him TO be.
begin Mr. Editor to distrust the justice oil my
county. Fearful indeed are the doings OF mob
but more fearful the administration OF criminal JUS
tice in the midst of passion. prejudice and excite
ment ! had rather risk the mob 49,
No blame can attach to the Circuit Judge HIS
position was greatly embarrassing and responsible
He stood firm between 200 miserable men charged
with murder. and an excited people who demanded
their blood and when he asks for mercy OF Heaven
he will. trust be answered, " lnasmuch as you
have showed it TO the least OF these yc have Showed
il to me-.
! hope. Mr. Editor. your views and those OF thou
sands will prevail as to a change OF The punishment
of Van Steenbergh and OConnor Why must they
de. while others moro guilty live Are they the
authors OF the resistance No. | rus, petitions
from every par, OF the State will Immediately be cir
cula,ed and signed calling upon the Governor to In
terpose the power the People gave him and save
,bese men from death VI. SANFORD,
One Of the Counsel for Earle.
MATTE ANERGCASIsN"-lt seems that Mr
CLAW himself is aware Of Inc malign influence ex-
ered by Native Amercanism in the late election
The Louisville Journal, in giving It's own opinion
upon this subject, says ,.-..-
we may sdd that h. Mr. CLAY IS fully OF opinion
a a.. N,,,ra styr- frru mn