The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-10-04
Important from the Anti-Hent Triaia-ten
steenburgh found Guilty OF murder.

Important from the Anti-Henf Trjaia-Van
stcenburgh found Guilty OF murder.
Dsis,care Oyer 4. Tsrminer Hon. II. T. Pnker Presi
ding Judss-J a. HI shstOa. Esq, District .att0rrey
Sasuel Shssreod Of Nslc York, Counsel far the People
Tyial of John Ya Stsen5urgh for Murder, Concluded
Judge Parkers Charge 10 The Jury-Y srdioi: Guilty
Of Murder- Dlschsrgins Prisoners.
At about half past nine oclok last evening Mr. Sher
wood having summed up the case on the part Of the.
people, Judge Parker rose TO deliver mis- charge the
Jury The Court room was crowded TO excess, and
graced with the beauty and loneliness of Delhi " no
had loft their homes although the rain fell in torrents
listen to tho charge of Of the eloquent and
learned Judges on tue bench. He commenced by say.
ing
GrsTLEMrS-It is evident from the patience you have
exhibited on this tis that you feel tie deep pons ib
lily resting upon you and The importance OF The
IL doubtless the first time in lives that have
and probably 1t will be again. The prisoner al
the bar indicted for murder and it must always be
painful duty to sit in judgment upon thu Lille OF fellow
being have been made TO your sympathies by
counse-inhamatory appeals calculated to arouse your
passions and pejudces-wih these you have nothing to
do You pass the facts and the law; you have
simply to say if the prisoner guilty of what he stands
charged The court and jury have nothing to do with
sympathy II they had they could not adminiser Ja.
COUNSEL about their position With iris you have no.
thing to do Every thing said by them except in rela
ton the Witnesses the law aud facts OF the case is
from the purpose The duty which devolves upon You
is to listen to the facts II there is reasonable doubt in
your as to the guilt Of the prsone he must have
thing else will give you power to acqnit The prisoner
is indicted for murder in being at the Earle sale on the
7th August, and charged with the murder OF under
sheriff Steele We examine the law and the facts
Ii conceded by counsel that murder was committed
and that is the first question for US 10 consider will
not stop to detail all the facts 1t is enough to say
that the 7h Of August last the Sheriff proceeded
Earles for the purpose Of restraining his property or
due Charlotte d. Verplanck the sale had been pre-
vously advertised according TO law. The sheriff found
OF 200 Assem- that disguised
and armed attempt made to sell the pro perty
and it resulted in the death OF Osmon n. Steele. II is
shown by the evidence that twelve fifteen guns
discharged by persons presents none by the sheh OF
those with him. murder is conceded-it was commit
ted. The great question Tor you to consider Is Is the
prisoner legally responsible for this murder The Judge
here read the definition OF murder from the statute and
briefly commented it. Ii all assembled at Earle's
engaged in the commission OF felony, all were
guilty Of murder whether they fired not under the
third subdivision OF the statute II there il proof that
the prisoner went to Earles with premedtaled design
to kill Steele he is also guilty Of murder under the
that if he went there with formed this de-
sign, he is equally guilty with Them The Judge
read the second subdivision OF the statute and remarked
il to fire into that crowd, and killed
one though without premeditated design it would be
murder 1t is for you, (he jury to say It comes under
this subdivision. The proof is that the prisoner
Earle's it'll Indians disguised and armed who shot
Steele, and you will remember that If the murder
committed even without premedated design, by large
body OF men engaged In the commission OF felony, ali
guilty though they did not fire. The question is,weIe
these men engaged in the commission vi ielonyl Ii
they weIe Il was murder IT, he other hand, the
senibling only msdemeanoI, then it is mansiaugh
III the first degree. There has been much discusslon
this subject among counsel and II been denied
that the act oi January made assembling disguised and
armed, felony. Judge Parker read from the 7ti
section oil the act of o45 This section provides that all
persons assembling disguised and armed after the pas
sage OF the act, shall he punishable ny fine, impIson-
ment in the county Jail State prison tor two ears
the discretion Of the court. He then read from Re.
vsed Statutes in relation to felony The felony
when used this in statute shall be
strued to offence for which the offender,
vction shall be liable by law to be punished by death
orby imprisonment in State prison" II is important
continued the Judge the question should be definite
lyseed whether the att-ares were engaged III the
committal OF felony or misdemeanor may control the
whole is claimed by defendants counsel that il
is not necessarily felony under the late law, because
prisoner shall he punished III state Prison IL is not.
however that the guilty snail be punished State fri-
son, but that they liable to be punished which
makes felony The act therefore, passed January
ls45 decl ring persons assembling disguised and armed
liable to punishment. in State Prison. makes II feo
There are many cases analogous AaBsl in the
fourth degree is felony although punishable by impIi-
sonment In the county jail fine or State Prison. 1t
my duty to advise clearly and explicitly to the law
for prisoners benefit hereafter II there is any
constituting the law there may be appeal TO higher
tribunal 1t is the duty Of the Court to charge you
the law, though as | before remarked, you are the
judges Of the law well the factbut you cannot al
ter the lawyou under obligations 10 prom the
law isyou did not make it, and you cannot alter II
by your verdict are not responsible for it. The
statute defining the crime of murder differs somewhat
from the common law. Gases that then murder
are now manslaughter BY the statute, perons engaged
takes place, are guilty OF manssaughter-by the
common law they We're guilty OF murder IN
and see how the law applies Is the prisoner re-
sponsible Tor murder under any of the subdivisions
oil the statute relating to murder 1t claimed by tut
counsel for people that all disguised and armed
Earles the It'll OF August, eng aged in felony
and II arrested and tried, though 10 murder was commit
ted liable to punishment in the State prison II the PR
there acting with others dsg and al
when Steele killed, he is guilty OF murder 1t is al
legged that prisoner fired his gun upon this occasion
II portant to ascertain if this is the TACT The
here ed the testimony this point and contlnu
cd said by counsel for prisoner that this evidence
ia To ba lnuk ad no
it have been engaged in the commission OF Crimes &c
You the judges and must decide whether this
mony is conclusive. The Judge here alluded to what
said by VIM Reside, in relation TO prisoner having
discharged his gun Davis Spring II important ol
whether the prisoner fired at the sale The Judge then
reviewed the attempt to mpeach witnesses. You mus
judge of all this evidence good deal has been SAID
by counsel about many indicted Tor murder and equally
guilty with the prisoner, having been allowed to put
in plea OF guilty of manslaughter but this is
of the extraneous matters that you have nothing
to do whit has nothing to do with the case. Appeals
have been made to you for mercy. 1t is undoubtedly
that in such cases as this mercy should be shown
but it belongs to the Court, and not to the jury box
You must try this cause according to the law and
dence, il is you do not discharge your duty You
have sworn to do so-yOu bound by solemn 0bliga
regard the law and the evidence, regardless
prejudice uncalled for sympathy. You should AVOID
all considerations OF this kind, brought up by ngeniou
counsel | leave the case with on, gentlemen, under
the law and iacts they exist II this is murder you
may find It under some one oil the subdivisions Ct the
statute. The witnesses swear that he Earles
disguised and armed Whether he fired his gun on thai
OCCASION not you must examine the evidence TO de-
eide. His design is question Tor you to determine.
Certain is, that two hundred met there
Why disguised? To prevent detection and resist the
law You must judge Of the intentions which control.
cd that OF if you deem necessary to 20 into
this branch of the evidence. have advised you as to
the law-it was my duty to do SO. You no.
to make il, or bend it, for or against the prison
! doubt no. you will do your duty The con
sequences to the prisoner have been talked
about-with this you have nothing to do-you cannot
look at or anticipate the consequences-you did not
M DIN nof maj on
evidence and leave the court to do their duty II there
lie reasonable doubt acquit the prisonerbut it mus
be reasonable doubt Mercy does not belong to you
but TO the executive of the state leave the with
you. You must agree yerdct-it is OF vast impor
lance to the prisoner and the publc--and trust tina
verdict will be approved your consciences Tor that
Is the only tribunal are al present responsible to-
Hon MircHELL SASpFonp excepted to that part OF the
charge, stating that section Of the act Of 1915 made
sembnng armed and disguised felony.
The charge was listened to with the closest attention
and the jury at its conclusion retired to consider tn,
verdict.
The Cont met this morning at halEpast six o'clock.
jury came into Court aud asked the Court to Instruct