The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-19
The murder..s caru.n and s,ooh.y.


WRIT OF ERROR ALLOWED BY JUDGE HARRIS IN THE
CASE OF CARNEI-ExBCUTIoN DEFERRED.
In the of Henry Carmel, adjudged to have been
executed this day for the murder Of Charles Rose
in Dey street. in November last has been deferred until
the hearing Of argument before he Supreme Court
new trial II appears writ of has been allowed
by Judge Ira Harris Of the Justices Of the Supreme
Court at Albany In this case 1t that the Gu
prems Court Judges OF II Is district had declined TO allow
writ Of which in all with the exception Of
capital convictions is writ Of right although any Judge
OF the Supreme Court is empowered 10 dsallow
stay Of proceedings. In this case counsel for the
prisoner failing TO obtain it In this district proceed
ed to Albany, aud application to Judge Harris,
successful in procuring the writ
BY the poeness OF Henry vandervoort Esq, the Ell.
Client Clerk Of the Court Sessions we are enabled to
present to cur readers the following points which the
Court to charge the jury those points, which
fused and an exception was accordingly taken to the
ruling Of the Court
We AFRO give the order of the Supreme Court ON which
the stay OF proceedings has been granted -
LAW POINTS EXCEPTED TO BY PRISONERS COUNSEL.
Frsff all the facts proved in the consist
ent with any other theory than that of guilt of murder
en- the Of the accused the jury ought to convict
Seeond-If the jury believe from the testimony. that
malice storelhUught existed the part of the
cused aud that he not actually engaged in the
mission Ct felony the time of the commission of the
homicide in question, then the jury have legal right
to co avict the prisoner Of murder.
Thrdl the jury believe from the evidence that the
homicide in question, assaulted by the deceased and
had welgrounded TO believe that the dece sed
vas about to kill him. or iofict upon him great
bodily HARM then the jury cannot at all events convict
the accused Of murder.
EoHh-If the jury satisfied that the homicide of
the deceased effected by the accused while laboring
under any species Of insanity, homicide mania or any
other hind OF insanity the prisoner cannot be convicted
Tgh-lf the jury had any well founded doubt as to
whether the testimony shows the prisoner guilty
der, he cannot be convicted Of that offence.
STAY OF PROCEEDINGS.
1hegtopie q te State 81 NeU York. me Curt of OIer
end 7erHsiuer IN and for the CITY and County Of Neo
Because in the record and proceedings also In the
giving judgment upon certain iutstment which in
raid court before against Henry Carmel for the
murder Of Charles NJ Rosseau, as Is said. unansest
hath INTERVIEWED TO the great damage tf the said
Henry Carmel as he complains, and We being wiling
that the error, any shall be corrected and full
and speedy justice done TO the parties aforesaid in this
behalf DO command you that If Judgment be thereupon
given, them without delay, distinctly and openly
send under your seal tie record and proceedings sfore
said with all things touching anywse concerning
the same to justices Of our sup-ve Court at the
City Hall in the city Of New York the Mon
day Of October next, together w,h this and that
you return this writ 70 the Office Of the Clerk Of the city
ings aforesaid being Inspected may De done
thersupon for eorreetiT that error. W ght ought
20 be done and do fdrther direct U ...s w-. to
operate as stay Of proceedings on che Judgment on
which such writ i brought.
Witness, IRA HARRIS.
One Il rh. Tn. ,.c.s of our Supreme Court the six
-one. r. 5. LAY, Clerk.
love document was endorsed as fouows:-
.ae Court-fienIy Carmel VS.. the People Writ
G.. e1Ior. returned first Monday, October. ISL
"H CLIN rON Attorney.
allow the within writ, and do direct that the
same is TO operate stay Of proceedings the judy
ms Mt upon which suca writ is brought.
IRA HARRIS. Justice OF Supreme Court.
Dated Albany, Sept 10, lSGi.p
The above writ Of error, granted by Judge Harris
does not relieve the accused from the judgment already
pending against him, 1t merely defers the execution
uI til the whole matter is argued before the Supreme
Court held in this city in October next and should the
execution viii then be fixed by the court but the
event CT the being It'll further carried up the
Court appeals which is the last resort and adverse
opinion given by the egh. judges the final sentence OF
the law viii then be carried into effect, the Judges
designating The day for the execution.
TEE MURDERER sTooKEY-HIs EXECUTION FIXED
FOR TO-DAY.
Aaron stookey, the unfortunate man doomed to be
executed this day. looking with the greatest possible
during the day yesterday for respite from
the Governor. Sheriff Csrnly In the afternoon, tee-
gTaphed to the Governor to know ii any respite
unicston might BE- expected in behalf Of stookey and
between Eve and six O'Clock the Sheriff received reply,
az follows:-
To THoMAs CARSLy. Sheriff, sc.
Hayipg fully decided the case, and facts ap-
WASHINGTON HUNT.
A. soon ne the above was received the sheriff pro-
ceecod forthwith TO the prisoners cell, and communal
Gated the nral answer Of the Governor.
siookey, on the Information, appeared TO be almost
psIa zed, and could scarcely realize IL as he in the
fule.t hope that he American BORN he would
receive much enity at the hands Of the executive
hnsl Of the Goverror received yesterday sfr.
noon has placed him beyond all hope aud Aaron
soosey will certainly suffer the penalty OF the
law this day.