New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-09-16
PAKnoN OF lie Boy ClENENs.-Mar.

Whereas Z appears tns' - the MAY term. 1871. OF
the United >iatss Circuf Court for The Di>irc, o.
Ne~- ors. James Clemens vs. convicted OF muir
er ora re rieh seas and sentenced - be executed
nn itc tsf frcay rn july. from which sentence NO
f,sqi'es have been granted 70 HIM
A.t. " lsrea>. q ha> been made satisfactorily 10
appear 10 ne tina; sand Clemens Is 6t subject for
TIE Executive cemencV-\OW. therefore, De Il
,no"n. that /. Willard Fillmore President Of The
United States Of Amt riCa. "a consideration Of the
premises. cter> o'hergooi and sufficient reasons me
trCrcWtc moving. have granted. and 80 hereby grant
rr go HIM. the SAID James Clemens, ftill and uncon-
ctoIal rardou. and direct that he be forthwith re-
leased nom confinement.
ln testimony whereof have heTeunto signed
ny name and caused the seal Of the United
states 20 De- affixed t. these presents Done al
the CITY Of Washington thI> twelfth tay Of
September. \ d. 1851, and Of the lndcpend.
ence OF the United states the 9th
MuLARD FILINoRE.
BY the President w : DERRicN. Acting secretary
OF state.
DECISION AGAINST \ New TRIAL FOR
CARNAL.-Cowf u Oyer and TcrmRsr-Betore
Judge Edwards and AID. Chapman and kelly.-ln
the case of Henry Carna, cony cted OF murder foot
of Deyst.. relative to whom new trial was moved
for and argued on the ground that an officer in charge
of the jury had stated that the jury had nothing TO
90 with manSaughier. the Court rendered decision
this forenoon. which the Judgs reviewed the
showed that the Jury had previously stated their
opinion llldl tit tt>Nltl W - -lltN t NiAANfi httt
one of them, m speaking of mans'aughtcr, asked The
officer to request the Court 10 send ,hem something
containing the statute. sc. as already Stated)
There no doubt. and none set up % the guilt
Of the prisoner and n l. o. be feared that he com
united the crime while attempting 70 perpetrate an
o.her-that OF r0hbiug his oenciacor> The Wit
ne>>CS have loft the country. and are now m sh0 IN
terror of South America.
The Court after alluding Ia the points thought II
not a case for new trial II Jury were spoken 10
by successful party II would be good ground % set
the verdict aside. The officer was not authorized 10
make any communication, although he no doubtasked
the Court 10 the book. nor was the Jury author
lled to take communication from him. Must be
done IN open Court
IN reference 70 the assertion that circumstance
such rs referred to Is sufficient 20 set verdict aside,
the Judge said. II this be So then Is the due admin
iSralon Of justice more under the control OF the IL
nOrant, the corruption of the officers Who attend
the Court, than has been hitherto supposed"
The motion for new trla Was denied, and the pri
Soner remanded
Trial or Ellen Doyle charged wHh the Mrir Of
Catherine >uliiran -Me>srs. \. and Philips ap-
peared on behalf OF the prisoner, and The District
Attorney for the prosecution.
\ Jury soon empanneled and statement OF
the charge made by the District Attorney, after winch
he proceeded to call his witnesses.
Eliza Suiiuan, sworn. Reside and did 80 on 26th
June last at No. Is Orangc->t occupied the first
floor. front | had a husband and four children
Catherine sullivan was no relative of NINE 1 saw
her first Goth June prisoner occupied back room
Catherine ilyed her brother occupied the rear of
the same house Honors Murphy lived with me, and
Was washing, the landing, outside OF my door Tor
me Mrs. Doyle began laaing ilonora. totd II not
20 mlnd-tO take no notice OF what she SAID, Which
she dld not VAS about quarter OF an hour before
Catherine was struck she was not there AT the
time Catherine knew lionora She came ON the
landing and SAID, HOnOra, what l. the matter with
YOU P" II said. Mrs. Doyle Is abusing me-she
has been lawlng me Mrs. Doyle had been ma
king soup for her husbands supper Catherine
and IIOnOra, and two OF my children, were to-
eethtr. and Mrs Doyle came ont of the room Win
the kettle of soup and threw It over them one OF
my children came IN crying and said Mrs. ID. had
scalGod her Mrs. ID. then came out of her room
with pot and hned 1t IN her hands and said, " ID -
you, here 5 something for YOU" and struck Cathe-
Tne IN the forehead she took back the pot To her
room Catherine did not fall immediately she came
into my ROOM where she fell the pot had handle
to II Mrs. ID took hold of the side OF the pot Cath
erne cried out to Honora 10 come and take the
piece Of po; ont of her forehead one OF the legs OF
the pot was sticking m GATHERINGS forehead Mrs.
D. went to the tub where the glrt had been washing
and began tearing the clothes told Homo
"a Murphy 10 hand me the tub INTO my room
and She did 80 Mrs. D. returned INTO her
own room Honora and myself carried Cath
erne down 70 the doctors shop when Catherine
got 10 the door she SAID She would Try and walk, ana
dld 50 took her to "A druggist shop IN Orange
ST.. from whence she was taken 10 the Hospital she
died there | saw her the day after she died she
appeared to be very much altered after the occur
renee two policemen came To the house ana TOOK
il was while Catherine was At the doctors shop !
dld rot 60 to the doctors shop Cathermes brother
was called, ard went with her.
fross-erannqed-lt was between and O'Clock IN
the evening II was light on the landing Catherine
had Lot been three minutes on the landing before she
was struck prisoner has husband. aa1 JcIese
FIVE chldreb-lhc eldest about -, ami The youngest
about years
There lad been no quarrel between Catherine iad Mrs.
II There marks siirr the soup IA ttfp"htu ~
,cadng on NE children. sis - had not h,en sone INTO
herr III
with be pot .he cd not appear . Gaze when she s cA
a. VI we're here all torch'r When she sad there
soueit,r ~ you d-n you She addiessed all three
Horoia had had no quarrel WIN Nis D, mr. had ~
bad 10, spoke through te laY hardly ever spoke g. her
/ do not know that Mr.. gets intoxicated She ~t'
sand ng her door awIns VIXEN We TOOK ihsfo
he E.; "a Inc % o at o az ael o sfaS Il sd
not u 5 husband had not come home when th' ~
far occurred Mrs d dd MOI nave hci am "a a shbs
she had bandased She snd her husband hal Ia len ont
sunday eId She got her am hur here washl feeling
between ~ about three weeks Never had any a1m
Guilty "a ith any person except Mrs. DNle
In Caari,s " Alen. swom-ls ph. sician At the New
Yok Hospital Catherine Sul' an rs Dfou ~ 90 ths rs
qtal between and O'Clock m the evening me ,th
saw her There hide in heffofehe al about TWO
inches above her eye about the stze Of snpence
she under the influence " ether and not sensible
he probe contact With loose pieces # bone winch
Lad been forced the skull vas fractured inc Done was
taxi n and the bone raised from the BRAN she recover
81 her consequences about hour iner the inh
of the ether had PASSED ava she died about ciV ~
II Judy. post orem examination found that the noe
sh the skull and Of the brain VAS piotfId
ing. death was caused ny the wound the WOUND might
have been mi ted by piece Of ike that shown the
wound hOrIontai and near the uckest pan u hs
skull Il would much force o. produce thAt facte
the ,puareut age Il the deceased about 81
ERIK T. LerOy sWOrn-Resdsnt surgeon al Hospital
Catherine when she she was brought 70 ths Hospital
, oecs II iron that shown sticking IA her forehead
y lad penetrated about thTee-q uariers II an men
mar BINGHAM sWorn-Sa~ crowd AZ the DE- SHOP
ana 8fseryed a woman there With piece VI IRON 10 her
head went 10 Orangest 70 prisoners house TOLD nor
wanted her she SAID she had been trouble but should
nnf axe her a. she knew the law, without warrant
told her that might Outyery serious am must taAs
her ~ any rate OtiCer Genghy vas yin ne Ne yDs
her 10 NJ stsipr House N the Way she sad she had
ME- d. m the Ware and she would hx for taxing her
say Pot ~ The hands ~ trshd % neis On nc
.taIr he ~ ere shown Ia mGGlng ,Le pot, brok
IN af the side Diece s by the haade, and yne 81 INC
broken m leaving hole ~ the bottom = ths s4is
~ aret 10 me- to be- IN a passion and seemed ~ have
beer srnkiug he SID she had had .r5 be- aud Dr-,e'
thar ne one had abused her. but I'D not taks lfh no.
tce # he sad she dd no, any one hId IfncA
her I'll. al, ,,,.t
-. -yts,rer a.. Brought IA