Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-08-08

| cldOOEdtc, ClcdI dnu SoA1 r S"SASA'S SAa' &c
was given by the Chief Justice, after con-
versation with the other members Of the
Court who sat with him at the trial.
The Jury retired to their room, and af-
ter an absence of three hours, late on Sat-
urdsy evening returned into Court with
verdict of guilty. The next Monday morn
ing the prisoner was again brought into
Court, and received from the Chief JUS
tice the sentence Of the law, which DOOM
ed him to suffer death by hanging, at such
time as the Executive Of the Common
wealth should appoint. ..
In few days, a copy ofthe record Of his
conviction was transmitted to the Govern
or and Council, BY the Sheriff of the coun-
ty of Suffolk, according to the direction Of
the Statute. a@
On the oath Of April, the prisoner sent
by the hand of his friend to the Governor
and Council, petition for pardon, under
his own hand, on the ground of his entire
innocence Of the crime of which he had
been convicted, and for which he was un-
der sentence Of death. All proceedings
on this petition before the Executive were
suspended, in consequence of having re-
ceived notice from the counsel of the
prisoner, that they were about to make
application to the Supreme Court for a
writ of error to be issued in his case, on
account of certain alleged irregularities,
which had been discovered in the course
Of the proceedings against him. That ap-
plication was heard before the full Court,
and overruled. .-s.
In the opinion Of the Court upon that
application pronounced by the Chief Jus
tice e,all the proceedings in the case are de-
clared to be according to established ju-
dicial forms and the laws of the Common
wealth.
On the - day Of and before the
question on the writ Of error had been
settled by the Court, the Rev. DR. Putnam,
for the prisoner, asked to be permitted to
withdraw the petition which had been
presented to the Governor and Council
for further consideration. This request
, was complied with by the Governor and
: Council, and the petition, in day or two
was handed to Dr. Putnam.
On the first day of July, DR. Putnam
placed in the hands Of the Governor anoth.
er petition, signed by the prisoner, asking
for communication of his sentence. ..
On the second day Of July this petition
!. was referred to the Committee on Pardons
, and on the same day DR. Putnam appeared
before them and made a statement which
he said was authorized BY a - -
, in which the prison6 -
killed DR. Parkman 81
, charged against him. u 49,
act was preneditated. ~ laYrated Wha
, the prisoner declared to be the manner o
. killing, and described minutely the mode
and process in which the body of D.
, Parkman was disposed Of after death.
The prisoner alledges that the "singl'
blow with stick Of wood two feet lone
> and two inches !hick" by which DR. Park
man was killed, was given by him in
, moment when "he was excited to tn,
highest degree Of passion," and "whil'
DR. Parkman was speaking and gesticu
> Iating in The most violent and menacins
5 manner, thrusting the letter and his fis
. in his face; that in his fury he seizet
, whatever thing was handiest, and that wa.
, stick of wood, and dealt TO him an in
, stantaneous blow, with all the force tha
passion could give, and that he did no
know, nor think, nor care where HI
! should hit him, nor how hard, nor wha
the effect would be-"
Upon this statement, and upon the 9th
er facts proved upon the trial, DR. Putnam
!, addressed the Committee at length, in a,
able an impressive argument, in favor o
, committing the sentence Of the Court. A
= petition from the family Of the prisoner
was before the Committee, and large
! number of other petitions, some for fal
8 pardon, and others for commntation
were in the hands of the Committee.
Most of these petitions were from people
q men and women, in other States, ant
\ generally placed their petition for re
f mission or mitigation of the sentence, OF
: the ground of the great doubts OF tn
o prisoners guilt. The Committee gav'
a three hearings after the meeting at which
o DR. Putnam addressed them, and listened
e TO those who desired to be heard in aid o
: the prisoners petition, and in support O
: DIR Putnam's views.
The Committee on Pardons, consistin!
n of the Lieut.. Governor and four Council
lors. after full, careful and patient hear
d ing of all that could be offered by tn
t friends of the prisoner and by others VIII
n were pleased to be heard in his behalf
v came to the unanimous opinion that Their
X were no sufficient reasons TO Justify then
: in recommending the interposltlon OF ex
: ecu,ive clemency.
$ They recommended that the Governo
be advised to have the sentence Of tn
: law, as pronounced by the Court, carrie'
e into effect OF the 3Oth day Of August next
It The Conncil, with but one exception
concurred with the report OF the com
= mi,tee, and advised the Governor to carr,
). out the sentence of the Court as recon-
s mended by them.
d In carefully and anxion.ly examining
IS and considering the case, l do not fee
= authorized by any considerations wh'c
IS have been presented to my mind, to sc
d aside the deliberate verdict Of the jury
e arrest the solemn decree of the law, a
d pronounced by the highest Judicial tribn
!. nal of the Commonw ealth, and disregar
q the opinion and advice of the Council.
- the circumstances of the killing, as state
3 by the prisoner, are taken to be true,