Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1846-09-04
EGCINsiI rIOOItENCE.


Freeman. the dreadful details of which were
spread before the readers of all the newspapers
of the country. Freeman was subsequently
tried and convicted Ex. Gov. SEWARD, of New
York, volunteered to defend the miserable and
lrcndlcss lcon. placing his defence on the
ground o! his alleged insanity. We arc aware
that this plea is, now-o-days, the common resort
Of detected murdcrcrs. but the ability and almost
convincing ingenuity of Gov. Stewards argu-
mcnt is very UHcommoH--to say nothing OF It's
earnest coqucncc. We cannot resist the incli-
nation to make the suboincd extracts from it,
The following is the opening of the argu-
mcnt -
I MAY IF PLEASE THE CorEr.
Gentlemen ot the JTy
"Tnou SHALT Not KILL and Whose sutpprru
| MANS BLOOD ny Man SHALL his BLOOD BE SHED, are
laws found in the code of that People who although
dispersed and distracted. trace their history to the crca-
ton history which records that Murder was the first
| oi Human Grimes.
The first of these prcccpt~ constitutes tenth part o
the Jurisprudence which God saw fit to establish at mn
early period. for the Government OF all mankind
throughout all generations. The latter, OF less UNI
yersa obligation, is still retained in onr system, al
though other States intelligent and refined,
cure and peaceful, have substituted for it the more be-
nignant principle that Good shall BE- returned for Evil
yield implicit Submission to this law. and acknowI-
edge the justice Of its penalty and the duties OF the
Courts and Iuri"s to give it effect
In this cas-. ii the prisoner be guilty OF Murder dc
mot "yc ask ,o r'n 5i,5 nn-?@ , ne b2 n gy
ed not only iohnG Van Nest but his hands are rcck-
Ing with the blood of other and numerous, and even
more pitiabr victims The slavng OF Van Nest. if a
crime AT all was the cowardy crime of assassination
John G. Van Nest, was Just, upright and virtuou'
man. OF middle agr. o grave and modest dcm"anor
distinguished by especial marks ul the respect and cs
tccin OF his icluw-czeus GA his arm leaned con
iling wife. and they supported, on the one side. ch
drcn to whom they had given being, and, on the 9th
cragcd and vcnerlblc p1rcnt' from whom they had
derived existence. The assassination OF sucha man wa
an atrocious crime. but the Murderer. with more thar
savage refinement inundated on the same altar, II
the same hour, venerable and virtuous matron o
more than three years, and her daughter the
wife u Van Nest. the mother oi an unborn infant.
Nor was this all. Providence, which Tor It's owi
mysterious purposes permitted these dreadful crlnes
mercy suffered th' sam. arm to be- mis'd against me
sleeping orphan child OF the butccrcd parents ANA re-
ceivcd It into Heaven \ whole iamly, just. gentle
and pure, were thus. in their own house" IN the nigh
time, without any proy1cation without one moment
warning. sent by the NlWd 'rcr to JOIN the Assembly q
the Just and even the laooHn9 nam slournln9 with
in their gates, received the list fatal blade INTO lat
breast and survives through tn" mercy, not OF TN
murderer but oi God.
For William Frcrmcn as murderer have no com
mission to sp ak. II he had silver ana gpil accuntl
lated with Ia irutlty of Cu'sus, AMI sIlul pour
I'll !
, and the Ayrnger But for thu innocent III my n-l
my duty tosp'ak. II this s'a ot blood was innocent
y SIZED. then 1t = my duty to stlnd beside him un
= his steps lose tn III hold ug1h the schiiold.
" Tu1u shalt moth I.l, s a commitment address
i not to him alone. bat 10 Is 10 YOU to the Cont. an
to the whole community. There j. no exception t
thai comman lmrnt at i'ast IN civil HE, siy' that
capital punishment Tor crimes IN the due and u- ad
. nini-triton ul.thc aw. There is mot only On Stiu
then whether thcz prisoner has shed the blood oi hi
fellow man. hut tn" question. whether we shall ullnW
30 ulIy shed his should D. guilty ot murder Il! m IN
present relation saw the rAcruuoncr waiting i,t Il
insane man. and !cd 10 say failed to do in ms be
half. all ,lat my ability allowed. think it has bee
proved OF tin prisoner at th' bar, thai during all IN
long and tedious trial. h hls had no secpe- night
and that even IN the daytime, when h. rctlrrs irpl
these halls to his lonely cell. h. sinks to rest like
s. wearicI child, on the stone floor. and quietly sunb'
till reused by the constable with his stall TO app''
again b,or, the Jury. lis Counsel enjoy no II I'll :,
: pos, Their thoughts by day and their dreams by MID
s. are filed with oppre--' npprrhoas.ou- iai tnrou4
THEN inability or neglect ha may be- condemned.
! am aragnnd before yol Tor undue manii station
Of zoal and cNc.tcurnr ! answer t. ali such cI..
grs shall b. brief WA this cause shall have bee
committed to You. s'u.|l ha happy indeed II it shd
u appear that my only ctro4 mas been, that have f.
y too much though, too intensely, orart too faithful
Jr II mg error would thus be- criminal, how grc
would yours be il yon should render unjust verdict
1t Ony ionr months nave ra,d since an outraged pee
g p!c d-tnl-uI Of judicial redress, doomed the pr-nn
10 mmc late death some It YOU have conf Sod III,
I You approved that lGw..>s s-ntyncc. All men uo
rejoice that the prisoner saved for this solemn a
Bat this trial would br as criminal as that pr.ciptu
= sentence, if thrul-h any wi.iu. fault pr, ullcr
V yours, it should prove but muckcry of u~tic"
Ii any prejudice Of witnesses. or the Imagination
Couls L. or any l-timcd Jc-, shall at any time ha,
i diverted your attention, or II any plcmdImeut whic
H. yon may have brought into the JuN Box, or any COW
arily fear OF popular opinion shall have operated
cause you TO deny to the prisoner that d-pu-soua
consideration Of hi case winch the laws o.. God ui
man exact Of YOU, aud H. owing to such an cror tn
Ut wrrtchrd man falls from among the living what vs.
he Cd II I.f n