The New York herald., 1851-12-06
Life of Orc utt, Con vieted Of Arson-Com-
muta tiOn OF his Punish ment.
TO THE EDITOR OF THE HxRALp.

Life Of OTeatt, Convicted Of Arson-Com
mutation OF his Punishment
TO THE EDITOR OF THx nxRALp.
James Jasper orcutt, Who was tried and convicted,
before Judge Allen, at the Circuit Court held 1t
Rome, in June, Of Arson in the nrst degree, for
setting hrs to the livery stable Of J. Bustsrneld 4
the time there three sleeping and was found
guilty and sentenced to b hung Friday, August ls
afterwards Iespted by the Governor until sspsse5sf
About this time Large meeting Of tie citizens held
At Concert Hall in this citv II which there resolu
ons passed, asking the Governor TO commute his sem
tehee 70 imprisonment for life committee went 70
Albany for that purpossthey prevailed on the Governor
70 grant further respite until the 9Th Decsmber On
the 2sth November, part Of the same committees again
lie would like to commute, but could not how under
existing crcumstances he could grant their request
is about 2 years Of age WI he was about u years old
he removed 20 this city He not well educated, aud
rather inclined 70 associate With low company. He
learned the moulding trade at which he worked until
about two years since In this city Rome and Wsterve
After the commencement of the nres Of which
he was one Of the prime actors he did not work at his
trade, but looked upon the bully of the fire
pany with which he ran. He is single man but at the
ad oounS
bis arrest has visited him regularly In each week
His parents poor but and Industrious people
His father s builder, and Is also member In good
standing in one Of the lodges Of Odd Fellows He has
three sisters and two brothers some Of whom
bers Of one Of the Baptist churches.
Since the execution Of Conklin he has manifesteds
more penitent spirit and has been frequently visited by
Corey.
0rcu.t has set fires than all the Of the gang
together One bad feature in his is that all the
barns &c in which horses, cattle, &c, were burned
fred by him and his accomplice Newell who turned
Orcutt according to his confession has fred the fol-
lowing buildings The livery stables of Howley
Sons Butterheld & Co, W. c. Marsh II A. Clark. the
barns attached the Chenango House Fsyette House,
Mansion House, Eagle Tavern; Plank Road House barn
on Whitesboro street, &c He was knowing to most Of
the other fires by this Internal gang either before
After beI After his arrest he furnished
sx;,N s-tar rAalA I,t.k
several large forwarding houses, Concert Hall.
Trinity Church, &c, and, had not some Of the gang
been arrested, the programme would have been most
faithfully carried out
After his he offered to be received as States
evidence. This he refused the reasons for which he
now gvef were that they had al agreed to stand by
On the night of the Seth Sept, he made desperate
he vent to his cell to secure him for the snt Ass
lance awaiting him outside the building the names
ofwhh party are in the hands of the District Attorney
and have, undoubtedly been indicted by the Grand
JuIy which s In session this week Since this attempt
he has been confined by chain five feet IN lsngth,
end Of which fastened to ring in the floor the other
Sheriff Jones and his deputies have shown the pr-
soners since their imprisonment the utmost kindness
Nothing they could wish for, except liberty, has been
There has been guard Of twelve armed kept
around the Jail since his attempt to escape which has
$4,000 ''-'' WIN 'N' ''''''' ~'' 'A' '''''' ''''
The following letter was received last night by the
Sheriff of this county 1t does not give general satisfac
ton all think Orcutt than Conklin. The Go.
vernon not much to blame as those persons repre-
sented that Csnkin was the rngeader This not the
case Orcutt was the leader -
srarE OF New YoRx-ExEcurrvE DEpARrMENr,l
ALBANY, Dec. 2 1851
To JONI R. JONES' SHERIFF OF ONEIDA CousrY
siR,-I have received many petitions, numsrously
signed and appeals in various forms for mitigation of
the punishment Of James 0rcutt who is sentenced to
The fate this Youthful convict been subject Of
deep and anxious reflection and must add that serious
doubts have embarrassed my mind in coming to a de-
cson.
A eemmutation of the sentence Is urged on several
grounds 1t s represented that the series Of incen
diary fires which for months disturbed the peace and
security Of your city, the work Of combi-
nation Of evil minded persons that Orcutt Was the
youngest and ignorant of those sccomplices in
crimes, his early education and moral culture having
been greatly neglected that he to be regarded not
the originator Of these depredations but instru
ment employed or instigated by older and more ntsl
gent minds that he gave active assistance in extngush
ing the fire it's discovery; that he made important
disclosures to the police immediately after his arrest
which led to the detection and Of his con
federse thus breaking the conspiracy and rendering
service to the cause OF justice and tina, the
housee and did not result In the destruction OF human
life.
1t is also urged by many of your citizens, that mas
much impressive example Of the severity Of the law
has been furnished In the execution Of Conklin the
great object punishment has bs~a attained
the sacrifice Of another life not required either
vndicstson ofjustice or the prosecution Of crime
which ocUtt was convicted va not sucisns to oops
tute arson in the first degree the re kndled In
barn or stable having no connection with dwelling
house.
Some able lawyers have adopted this view of the sab
ject But my own opinion fully scoords with the de
csion OF the Court that inAsmnch the building
tanned sleeping apartment which usually occupied
by odgrrs at night, II must be regarded - . dwelling
house in contemplation Of law OF the correctness
this construction Of the statute and the consequent pro-
pristy Of the conviction, cannot entertain serious
doubt But after carefully weighing the other conside-
rasions urged In favor Of cemency towards orcutt
llv his iOno fb.f
disclosures which he made after his arrest have finally
concluded that the punishment Of death may be re-
duced TO perpetual imprisonment upon sound views Of
public policy and without detrment to the safety OF
welfare of society.
In coming TO this decision, I am influenced BY q
confident hope that the fearful example already present
ed in your midst power and supremacy Of the law
will prove sucent 10 restrain all others from the
msson Of similar offences and thus insure the true and
legitimate design Ct criminal justice The death Of
convict and the lifelong imprisonment Of another
not to speak Of the punshment in for others
nov awaiting trial ought to be an edectual warning
even to the most desperate and depraved
After such an exhibition Of the stern and inexisle
severity Of the law, II any shall be found abandoned
enough to repeat the crime they must expect 10 suffer
the sversst penalty Of their guilt without hope ofExecu
tive cltmency or favor I have received gratifying
assurances that the spirit of defiance and insubordna
ton which for time agitated your city and threat
sned Its security IL already subdued and II confident
asserted that there s no csuse for spprehensons Of
further violence,
Upon full review Of all the ciroumstsnoes I cannot
Iesst the conviction that the Of public order and
the eniht<neo eprlt OF the law WILL be best consulted
in the case under consideration, BY temperng justice
with mercy"
therefore send ycu Communication Of the sentence Of
0rcutt under which he will be confined In the State
prison during his life. At the time deem u my
duty TO Apprise him and his immediate friends that he
must not expect from any further mitigation OF his
sentence; aud when consider the Nervousness Of his
offence Il h not reasonable presume that aay future
Executive will feel justified In setting him at liberty
Very respectfully, WASHINGTON HUNT.
Superior Court.
Before Hen Judge esndford
r.1