The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-13

bs rs~rved for extreme eases Of clear unequivocsi
Intentional murder. The conviction OF this boy would
be a landmark In the history of cri inina juris-
prudencs The court wbose strong1esnings are
ssaipat him personally will by aud by, regret 1t;
humanity would mourn murder perpetrased under
the rspction Of law; and when tho community learn,
they do that this boy taken from his home
BY grown men, and filled with run and led reeling
from rom shop to rum shop: until ifrsnzisd snd
toxicstion, the blow was struck which caused
the death OF the deceased they, too will condemn
the conviction, and viii inquire how 1t could have
bee that boy sixteen the youngest OF the I've
sacrificed for the protection Of the rest Mr. Clark
then proceeded to argue that the came within
degree and said that OF years In the State pr
was sufficiently severe punishment for the
ell the ends Of public justice private revenge Mr.
Clark concluded as follows But the great question
again did this boy intend to take that young
mans lhe thin k the truth and justice OF the
require that you should this question in the
negative If influenced BY the strsng adverse rulings
wise very much fear that in after times the question
will recur to you still unanswered Long after his
name and his crime shall have bsen forgotten long
lost to the memories Of all but after
his broken hearted mother shall have wept her last
sgh, the question Will to you Did this boy in
tend to take that young ma.'s lifs" and will still
main unanswered 1t will obtrude upon your hours
Of rstirement It viii break in upon the slumbsrs OF
night; 1t will come with the dawn of the morning
and fear may disturb the otherwise unbroksn hsr-
msny and happiness OF your lives But will indulge
NO such snticipstions Of gloom, confident that you
must render . verdict which shall s.,s Am from
portunity in after life to attempt to repair the sad
ruins Of his youth.
The District Attorney then rose and said-I am
absut to demsnd verdict At yosr hands which is to
sunder the ties that bind the to the parent the
brother the sister and young man In the flower Of
his youth from further connection with our common
humanity. would indeed be rejoiosd to be enabled
TO ask . different conclusion to this painful drama
for thoss social relations which have been SO ruthsssy
severed In the person othe deceased the
Violated majesty q the law the stern voice justice
impsrstiyely dsmsnd-ths punishment Of the man
slayer Yeu gsntlsnsn Of the jury, and are equally
equslly obligatory upon have no pride OF suc.
cess to plish. other fields have strivsn, and
can sssiS the laurel .rs.ths Of victory batn
triumph than the triumph Of justioe-of justice tom
Psred With mercy you please, but stl Of Justice II
oblitsrs from ny mind the oath have registered i'll
could overlook the character OF the testimony in this
70 q:
pri,onsr, might hesitate ss to the path to toll
which have brsathed for the last three days re-
qunes 70 bs purified Look around you, and see for
and rpectators Of this trial 1t b to them we'll
In behalf Of the ommunity dedfe your verdict to
b addressed. The lightning which scathss and
blasts the sturdy oak and destroys the beings who
have sought refuge beneath It's branches seems also
to purify the atmosphere Of Its impurities and re-
energies Of animal nature 30 also Is with tho moral
world. 1t requires publication; and II the lightning
Of the law strikes down tins prisoner viii serve also
dropping ensrges The learned District Attorney then
referred to the statutes which defne the that con-
situte the crime ofmurder, and Of msnslsashtsr in
its various degrees. He stated, that man leaves
gun loaded where child reach it, and that death
q ha Twa antv al
street osasrophs none of these circumstances meet
the present case As to malice Mr. Blunt traced down
usry the 2oth when ths deceased wss sent By the
prisoner 'upaDncinted and unsnnessd into the pre-
1t is the malice sforethought which constitutes the
crime Of murder, that is apparent throughout the
.hole transaction The learned counsel who last ad-
dressed the jury with zeal and ability which does
honor TO the profession, told them that there waz
discrepancy between the tsstinony Of Mr. Hunt and
Butcher Bill but this secomplice II they choose TO
call him tells the story OF the transaction which
In every word Of the teytm Mr. Hunt
That the prisoner Is the man who committed the act
IL bey ond any earthly peradyenture With respect
the evidence he would say he obliged to seek It,
with the exception of the testimony Of Mr., Hunt,
we'll known that those who lost to virtue viii
not commit deliberate perjury Ia the face OF heaven
testimony Of these wrstched creatures; they have
been corroborAted In the essential character OF the
evidence BY Mr.. Hunt witness Of unimpsschatls
witnesses, Mr.. Blunt said hs had concealed nothing
be endeavored TO bring It all before them; he felt in
position equally responsible with ths jury and they
mistake him much Who think there Ia an feeling but
that OF comparison in his breast man in his
lowest estate He had sBdesvored to ischarge the
duties which had been I'm posed upon him by the par
tiniity Of his fellow ctizes and II be felt there was
doubt In the care, he would unhesitxtingy tell them
but far from doubt, he would tell them In the
ssme fclemn manner as II be vas sworn juror the
panel with them, however painful, In the case of .
youth like the prisoner that there none Az the
defence Of intoxieaton-fsr distant he the day when
individual put within himself the poison which
steals away the senses and ask for impuniy for the
act, consequent upon his own errors. lie must be
taught In the language OF learned Judge in ether
country that there IL no impunity for crimes com.
mitted while under the influences OF that liquid dre
which stseIs the conscience and d1ils the moral
while AZ Raises the desperate energies the pow
srs and passions OF man" Mr.. Blunt concluded
be no promise Of crime aud that they would rem
der a verdict which would teach the desperate aud
rechlss. characters of the community that an Ams-
IicsD jury s yindicats ths laws and strike
-or into the hearts Of the reckless and the wicked
The Judge, In commanding his addrss, to the jury,
sad that many subjects had been introduced IN the
course Of the observations OF the counsel that he
should sluds 10 them before vent into the circum
stances OF the case He referred more particularly to
the alluded to by the counsel OF ths prisoner that
he Whe juces opposed to the nfction OF capital
punishment; though the counsel IL tight in that In
stance. yet the judge had no such considerations
scrupes inspperable in the performance OF his
duty He was equally free to ssy that this conv,tion
bad been AWAKENED Ia b. mind, from the fact tnst
uries cculd not be induced except In very xtreme
casee. to render q verdict of guilty and he there
tore thought that ~ fer better that the punish
ment Of death should be abolished by the Law than by
the jury In the jury boz Here 10 accusation
against the prisoner and the jury had nothing 20 do
With the oensequs noes they sworn % decide this
case according TO the evidence and they cannot,
without violating their osths depart from their duty.
II IL this departure from duty-n is this dihcuty Of
procuring v-rdcts nom jurors that has wrought In his
uhs judge mind the necessity Of the abolition OF ca
psl BY the law rather than that 10 should
be 90 badly administered TO lose it's terrors sud
lose its effect. Tbs he had deemed II necessary TO
say from ~hat had fallen from the council for the pri
soner The Judge then slueed to the horrible de-
prsvity which this case had brought to the viev
Of the court pro fisacy, precocity, whoredom,
drunkenness, thsft, homicide, ana immeraty Of
every KIND and form. have accompanied this young
into this reom. ana his and CON panions
have given us the most disgusting hi,tory OF most de
PRAYED life; and the jury must have b-en shocked s
the court hss been by the dssilstheir senses must
have reooiled at the exhibition of degradation In
Which thoss parties existed But while their feelings
Of horrer would he naturally aroused At such state OF
thises he deemed " his duty 20 guard against that
FEELING himself and to caution the jury against H. for
they ere not called upon to revenge" Revenge His,
snd He viii repay They called TO deal JUS