New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-07-28
From the Auburn Advertiser, Extra.
Sentence of Freeman.


The Court House was filed TO overlooking, a
large portion Of the audience being ladies.
The appearance Of the prisoner was uncoheerned rs
usual.
or TO come to him The prisoner stepped up to the wit
ness stand.
Judge Whiting. lin loud voice Can you hear me
The prisoner turned his the Judge so rs almost
20 touch his face.
Judge-Do you hear me ncr Cverl loud)
Prisoner nodded assent.
JudCc-Do you remember john q. ' an Nest I
Prisoner nodded assent.
.udgc-Do you know you killed MIMI
Prisoner assented rs before.
Judge-You have been tried for killing him do you
understand that !
Prisoner-Don't know.
Judge-We are now going to sentence you the Jury
say you killed him Do you know what mean
Prisoner-l don't know.
Judpc-Did YOU lear what | said DO you know what
mean You've been tried for killing him-do you I'M
derstand that do you know thatf The Jury say you
guilty that you did Nil hhn-do you uiuci '''Hi
that,
To the above questions the prisoner said do MT know
Iudgc-Do you know who the Jury nre those men
who ST along there pointing 10 the Jury9 Well they
say you did Kill him. and going TO sentence
you to be hanged. Do you understand that
prisoner--les.
JudgeHayc you any thing 10 against ~ any ming
10 tell me about IL
prisoner--i do Mt know.
The Judge then remanded him TO hs seat and proceed
ed pronounce the following sentence the prisoner all
the time sitting
When the prisoner nj the bar brought up 70 be
arragned Mr. Seward in his behalf put in plea aieg
ing that he then insane. To this plea the District
Attorney took issue. BY law an insane man cannot oc
tried and hence became the duty Of the Court 10
determine truth OF that plea before putting the pms
oner trial upon the indictment The jury found the
prisoner was sane. He then srragned upon the
Indictment and the plea OF not guilty put H. and the
trial proceeded the result of which has been convic
OF the prisoner upon the Indictment for the mur
der OF John g. Van Nest
The nr,on.r ia negro OF the age Of % At the age
of 10 he was engaged in petty theits and IN '+O wa.
convicted of stealing horse OF Mrs Godfrey ior "hich
he imprisoned for I'VE years ~ ths 2ta" IN
This term OF imprisonment expired IN september i-5
when he was found be deaf and impressed WIN hl
idea ne he had been wrongtul!y convicted ana was
enrled 70 sation his and labor and upon
h, discharge he called on Mrs.. Godfrey, TO settle and
on her refusal 70 pay hrl he applied TO TWO
for process against and the other persons VINO hsd
been instrumental in his convection. These applications
being refused he appears have reasoned himself INTO
belief that the laws OF the country afforded him no
protection against oppression and lnjusnce- -,
he tner prepared butcher kDie, and a cuD "itA
knife inserted the end and on the night VI the 4%tH
March last soon after o'clock approached the house
81 the dcceased-there lay IN wait Ill he sa" man
who had passed the evening with me family esYe lo
MS houe-and then meeting Mrs. an Nest, VINO hah
retired 70 the yard stabbed her 40 mat she deG ~
few moments then entered The house and STABBED an
Nest TO TIE heart OF which ne instantly died thrust
the knife through the body OF cniid t"o year. oo'
while asleep IN bed attacked and wounded an AFsdae
who had retired 10 the chamber, end AZ the door al
,act.d and wounded Mrs Wykcof the mother Of Mrs
Van Nest OF which she died the l4th day OF the
the month thus destroying the lives Of four persons
with savage ferocty and cruelty and endangerng that
of The NTH.
He then stole horse from the stable, which fell with
him ster being rode about miles He then PFC
ceeded stcrr distance when ne stole another horse,
and escaped To The Of schroeppe IN Os~ego Co.
where ne was arrested
In the defence Of this wretched man some Of the best
talent of the country hs been faithfully exeed and the
attendance Of medical men from Albany and ruca pro-
cured 10 testify as 70 his insanity large number OF
respectable men of WHOM? mad known MIN from
childhood both and of the prison have testified
that the never mad discovered suspected any thing
Ike insanity in his conduct before the murder. And
hearing all the proof dueed 70 sustain MS defence
Of INSANITY the Of the murder an intelligent and
CONSCIENTIOUS Ju nGTe decided that ne was not se1e,
but responsible man
In opinion the Court unanimously concur, so that
the prisoner has been found TO have been when put
upon his trial and also al the tine of committing the
murder No serious question as 10 MS guilt in commit
has rested upon his alleged insanity And after twenty
hoped tina, those who hare heretofore doubted Il VIII
yield opinion thu. carefully formed d soler1nIy
expressed.
This degraded ignorant elon who has ns
wickedness by these atrocious murders mas nah zoe
EFT Of yerdirts Lei = not De SAID ulst tne -.
tration CT justice Is payal or preJudced by re.os -
color his social degradation or his naosrous ,h
slow and tedious a. these proceedings have oeeL &c
Court are certain thar in the minds Of al resecrhs
confidence VIII arise IN TIC power Of TIE avs, Pr
Zee, the rights Of our Isos citizens, aud nss s 'S's