The New York herald., 1851-11-20

s INTO siS 6. 'ea sas e;
whether WIN or not and threw a cup ON the
hoor. Smith then ssized me by the throat.
M IL and my my nssa ON
the floor until did net know what about; all
say is, cannot say that killed the nett i'll
did, did not know what was about from the blows
ceived on my head by him the hoor; all know is,
that never intended 70 kill him any else but
vernon until yesterday but nov have none as ne says
he won't interfere.
The prisoner Catholic and is attended by Father
De Rankin almost every day
Joseph Clark the other doomed convict was Of much
more cheerful nature he is sailor, and has been aPpa
life. This man is powerfully made about twenty eight
years Of age in good health and has much improved
his general appearance since his confinement He has
taken the temperance pledge of Father Mathew AMI
he's got medal The prisoner very reluctant
anything at all fearful that it might become public in
the newspapers He stated that enough had beon said
abe at the matter, and that he did wish say any
thing best he thought to let pass of quietly He
native Of Liverpool, England where he has father
mother, and two sisters residing also young woman to
whom he was engaged to be married. his return to Ii
verpoo He says had day before arrest bought
the wedding ring The unhappy man much lsmented
his untimsy fate and yet he said he intended to meet
his doom like christian and q man
lie had written to his parents, informing them Of the
terrible fate awaiting him. and about three weeks since
he received answer from them, in which his father
poured out the blessing Of afectonste parent and
said that he had written letter to Of the ministers
In London to ntsrcede with Queen Victoria that
government and obtain respite. The interview with
these sonvicts took place in the forenoon; in the
si'eIpoon' aeSu' stT .nree c' we again h ys
Mr.. Morris the very able counsel who was assigned
them by the Court for the defence entered the prison.
and went directly to the cell Of Clark and announced TO
him that his execution deferred, and would not
take place Friday, Judge Edmonds had granteds
writ Of error and a stay of proceedings At this
expected news Clarks lace cleaned up like the sun
bursting from fog the tears rushed from his eyes, and
he EXCLAIMED God bless you Mr.. Morris this is unex
he th1b bau of tSvsr
counsel, " am prepared to die " The announce.
meDt was made to suliivsn, who burst into q flood Of
scous Of the reality and that it not dream, he
showered all the blessings imaginable Mr.. Morris
for while there is lite there is hope-snd it is with
the culprit awaiting his execution Every postpone
ment seems to bring with chance Of escape from the
awful doom
The following the points on which Judge Edmonds
allows the writ Of which to be argued before the
Supreme Court, in the December term, and then in all
probability carried to the Court of Appeals Albany
Jauuary and should the decision prove the
application, day will be fixed for the execution with
the grants respite long enough to enable
the courts to decidewhich will possibly be the
we are informed messenger was despatched 90 Albany
last evening for that purpose and the exhibit of the
TIIE PEoPLE VS.. JOsrRn CLARK.-THr People VS. JAMES
70 h: the m Of in Trs: ssss
stay Of proceedings upon the execution Of the sentences
The question raised BY the bill Of exceptions grave
one Of the Revised Statutes and
element of the crime murder under Revised Statutes
s.
The Revised Statutes made very important alterations in
Before their enactment class of cases held TO be
the of the who whipped his pupil that
his So from es@Sy az So Cruelty w to sH.s his
death The law implied mae aforethought, or intent
The other hand there class of whore though
but mans.aughttr such sudden says in the hest of
The R.vised Statutes adopted intention kill
chief line Of between murder and
and the arst class Of have toned where thre
intention to kill. have been regarded mtgated
slaughter and the last class OF cases As aggravated to
In the osse OF the People Austin. held in carefully
considered opinion that in all cases esoept class
there must be an atenon to KILL TO constitute the crime
ErISer and Tat where there was such an intention
was murder so charged the ures in The under
III had had any doub. upon the question: would have
reserved for the oonsderaon OF brethren but had
for the killing Of human being, with intention KILL
even though on sndden impulse exeep. under the den
signed a. saeh ), The court AID who has himself oeeupd
prominent position in the administration OF criminal
desires 10 obtain the decision Of the higher courts:
In order to do that now the execution Of the ssntsnee
posed to give TO decisions hnsli,y and authority
ssHSsTy the Court
pea, should differ With me in opinion the consequences
A. then The question involved 10 very crave one
hs never ct BEEN passed upon by either those courts
raised fairly and definitely in these IL
be one that ough, to be definitely settled and by the
The same question was argued before the court q. ts last
term in the case Of Carmel s nov uader sdvssmen and
Thsse dsrasions moved allow the wri,s
error and TO order the proceedings s5ed until the
d,oision thereon. 5. W. EDM0NDS.
November ~. 1851