The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-10-06
More Anti-Rent Trials.

More Ambient Trials.
DELHI, October Sd, 1s45.
Ouer a. Teyminer- Hon. a. y. Parker, Pres
ding Judge-John Pan Buren,, Attorney. Gene,ai-J A
Hughston, Esq, District attorney.
A plea of guilty of granddaughter in the first degree
entered in the case OF Moses Earle.
JUICE PARxER's REMARKs-SPrEcH OF THE ATTORNEY
GENERAL.
The Court met at o'clock. The counsel tor Moses
Earle indicted for murder stated that they had conclud
ed to withdraw their application for postponement and
enter plea OF guilty OF manslaugher in the first de-
gree.
Judge PaRxEn said-Afer this application deem it my
duty the counsel both sides in
relation to it, We havo all heard the trial OF John Van
Steenburg and know the facts fro it that would be
proved on trial Of Earl he not OF the sale dis
snce Of process-this will be conceded clearly; Earle
carry ing out nisdemeanor and aperson was kill
statute manslaughter in the first degree. However
guilty Earle in point OF fact he was not guilty Of
murder in law he cannot be convicted OF murder unless
that crime do not think from careful examination OF
the that fair jury would convict him of murder
neither do think he intended the death any particular
have consulted with the rest of the bench and
think they all concur with me in opinion also sub
mitted the fact Judge Rugges formerly district at
dence and for some time past circuit Judge. think
nothing could be gained by trial he could only be
convicted granddaughter in the first degree During
this great excitement, if men are willing to come for
ward and plead guilty OF the commission OF crime think
Il advisable receive these pleas. deem it my duty
speak thus frankly Such course will save great ex
pense and CONSUMPTION Of time
had expressed opinion yesterday that Moses Earle
guilty Of wlful murder several OF the counsel tor
prisoner had charged him with being under the influence
Of pervading excitement he asked the court to make
a few suggestions explanatory of his views. This was
the proper he differed widely with the court as
to the law this and wholly unconscious OF
being under the influence OF any feeling or prejudice u
favorable TO the prisoner The Executive OF the State
had authority by statute to order the Attorney General
attend any Court OF Oyer and Terminer in the State
and to assist ia such public prosecutions as might be
pending therein The theory which the statute rest
ad hat a
disturbance and having mere public duty to discharge
would be free from any passion or eeng wh,cn crimes
mtted In pursuance OF order given under such an au
thoy here to attend these trials and so far as he
knew himself he had not the least unfrendy feeling to-
wards any the prisoners. Moses Earle he
till yesterday and he hoped he need not the court
and Earle himself that he would not be guilty OF the
nhumany and indecorum Of pronouncing any prisoner
before trial. guilty OF grave an offence as murder un.
the law had brought him to solemn conviction OF the
truth of his assertion and the motion OF the prisoner to
put the trial had rendered the declaration
The facts OIL which he relied to convict Earl OF murder
were briefly these The original resistance originated
with Earle to avoid the payment of his rent he
invited the Indians to the sale the fatal day. he fur
nshed them with provisions he declared before the
der he should fgh. out to the last and he respond
ed to the remark of the dying Steele his house,
which was Mr. Earle if you had paid your rem. my
life would have been spared" by saying, would not
pay il forty lives We're lost being thus 50 lar as M
fed this atrocous murder after 1t was committed H.
der this OF facts Mr. Van Buren, thought that the
Jury would have right find under the LIST subdivi
sion of in regard to murder that Earle was
guilty of being either accessory or principal In the Kill
death Of the person killed of any human being" His
associate of opinion that Earle might be convicted
under the and subdivision Now theCourt had announced
that they took different view Of the law. The court
supposed that the indictment based upon the convic
ton of Earle with the mScemeanor oil resisting me she
effect death under circumstances that would make
mansaughter according to the provisions othe Revised
statute inte nded reduce all murder which
panied WITH or preceded by the commission Of mis-.
demeanor to the offence of manslaughter Nor he sup
posed did the Court think. In his opinion the INSIDE
OF Earle merged in the felony he committed
and the facts proved would authorize jury find him
guilty wlful murder ut the question presented
the prosecution by the Court is this will you proceed
and try Earle for murder when the Court are OF opinion
that he only guilty OF murder In the hrst degree and
will feel be their duty instruct the petit jury
when they commit the to them at the close OF the
not put this county to the expense of trial which
may ilast for weeks, when the court now an
their determination to charge the jury that he
only guilty of the crime which he now offers the plea
of guilty Mr.. Van Buren, said that 1t was true, In crlni
nal cases. the jury judges Of the law and facts but
he would not, in any ask jury to set aside the
unanimous opinion of the court, and find the prisoner
guilty. Certainly he would not do so in case where
human life was involved He would feel authorised
with his limited experience and knowledge Of law vast
y inferior to that of the court on his single Opinion 20
call upon jury to take the life Of fellow creature IL
opposition the well considered and unanimous opin-
ion court On consultation with his associates,
therefore, he had determined to offer no opposition to re-
|
DAsirL w ssurRrs notorious parsonage in connec-
ton with anireners and who indicted as an ac
cessory to the murder of Steele brought into court
and by his counsel offered to plead guilty OF mansaugh
ter in the list ns plea was s the
RrcuARp MORSE justice OF the peace, of Andes, was
arragned an indictment for conspiracy and plead
not guilty. -
joins OLIVER and LEWIS DELEMArEH, plead guilty Of
being disguised and armed sc. The court fined Oliver
$50, Deemater S25
JouS sLAucHrER plead guilty of being disguised and
armed. sc. Sentence suspended-recognzed in the sum
of $500 TO keep the peace Tor one year
JONI LOCKWOOD plead guilty oil being disguised, &c
fined $3.50.
ALoszo SANFORD indicted for murder, plead guilty of
manslaughter in ith degree-plea accepted.
DASiEL ROBINSON and JOHN YouNGMAN, not indicted
discharged.
DAVID HALLncx plead guilty of being disguised and
armed-sentence suspended recognized to keep the
peace for year in the sum of $500.
WM BRIssA,E, uhe Scotch anti rent ecturep indicted
for murder-plead guilty Of mansaughter in the second
NATHAN TRAVIS, who had heretofore plead not guilty,
withdrew that plea and plead guilty oil conspiracy
Wm FKnpos who had heretofore plead guilty Of man.
slaughter in the 4th degree was brought INTO court anu
sentence suspendedreccgnzed 10 keep the peace Tor
one year i'll the sum OF 5000.
No being ready for Trial, the Court ADJOURNED
until tomorrow morning at half past O'Clock.
SANTA ASNA.--By the last arrival from HAVANA
we learn that Gen. Santa Anna, the ex-Presldent OF
country Of DR.. Heva. II is situated about miles
from Havana in the district Of Maranao 1t is sumptu.
Gus residence, and might well be deemed palace The
General has recently purchased magnificent carriage
horses &c. and otherwise given evidence of design
make Cuba permanent residence, unless some emer.
gency in the affairs of Mexico fortunate for his patsan
should recall him to the Of his former wonde rul
and most cvenfu career. II must be contested that he
has chosen his place of retirement with admirable taste
and sagaciy From all parts of the earth is recev
ed at Havana by regular and frequent packets He can
thus take advantage OF the earliest in his ia
vor communicate promptly with his friends at home,
and at the same time share in the enjoy mcns and u
fies OF society in Havana-N o. Picayune, Sept "a.
DuELs.On Thursday duel was fought IN nc
vicinity OF this city between MIR. g. Atxshossi
Ramsay and MIR. Augustn McGruder, with pis'ois. -.
the second shot both gentlemen were wound.
in the abdomen and MoGiuder under the ieit eye -.
meeting took place the same day y. ha,post siN
O'Clock in the morning plantation OF Madame
IRENE, between two mechanics whien iasu.cu IN 'he
spilline of little blood III one Of the combatahts
VIC hear OF one or two othar "scrapes to be settled
W noa. y. 49, AZ n SenL