The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-03

Of ruin and desolston in which you had involved your
sef by long course Of debauchery, strongly recon-
sase as yours, permit that endaton have any
effect upon the judgment which to pronounce
and all We can do Il to transmit il to the Governor for
his consideration. That shall do; and II Is impossible
for as to ray whether II will have in his mind
hom suffering the extreme penalty Of death The
cessity Of example which tend to put a stop
to crimes OF violence among us which have of late
become altogether too common in midst, NAV
countcract the influence Of the iury's on
BE that it it Il still our duty to pronounce upon
you the sentence Of DEATH and to you prepare
for the great change which may oyertake you In
doing so cannot be unmindful Of the Of the
crime which las overwhelmed YOU Your habits Of in
temperance have done all For some ten years YOU
have constantly INDUCED in this miserable habit II has
driven from you your WIFE who there is much reason to
believe, taught 10y example also to become in
temperate II caused the violent and bloody death Of
your child IN its infancy; IT has made vagabond
the iaf 81 the Earth without home and without
icna Lac made you to be frequent inmate of the
Pcnigniary; IL has imbrued your hands in the blood Of
from u. the ignominious sentence of death on the gal
lows All this you toitho habit If intcmperance,
IN which you have voluntarily and perseverinsly in
dulged haevr may be the result of your conviction
IN this yau adnonished by the awful condition
In which you stand ty the de, uction which you have
thus brought upon yourself and upon every
ntctcd with you to repent you Of the evil which past
and 10 strive for better and happier future. Time to
do SO will b. allowed YOU II is our earnest admonition
10 you IL we'll fervent hope that it may be
profitable 20 And now, in the performance of the
Inst duty which remains TO u we pronounce upon YOU
the sent, Of the awtha Friday the eth day of
June next you be hung by your neck until you be dead
And may God have mercy upon YOU
At the conclusion Of the learned Judges address, the
prisoner casped his hands, and ferycntly said Amen ~
Mr. Sheriff carnley then took his stand at the side Of
the and the Clerk read the death warrant which
was signed by the presiding Judge and Aldermen Griffin
and Dodge comma anding the Sheriff to tho sentence
Of the Court carried into eject on the day named
The District Attorney now moved for judgm gment on
Aaron B Stookey, convicted OF the murder Of Edward
Moore.
Mr. h. Phillips counsel for the prisoner presented
motion in arrest The indictment which the prisoner
charged found at the General Sessions lie held
that the should have been sent to the next Oyer
and 1ermner and not to the Oyer and Termnor then
sessions This Is therefore, not the next" +" Court Of
Oyer srd Terminer.
The District Attorney said that the order on the in
dctmen is to send to the Court of Oyer and Termincr
the word next H. not in it,
The Judge-Thc word next is merely directory, that
there shall not be any delay
The District Attorney-lrccsely so, your honor.
The iudge-The motion is overruled
The CLERK then asked Stook,y what he had to say why
the sentence Of the law should not be passed him
The prisoner made no reply.
The judge proceeded to sentence him lie said
Aaron h. stookey, you have been convicted Of the
murder of Edward Moore the 18th of April last and
Il now our duty TO pronounce upon you the sentence
Of death for the offence Like the of the wrcched
who has just been sentenced in your presence you
your crime to your habits OF intempcrance 1t
that you respectable man but by such
habits you have fallen from that condition until you
arraigncd the Justice receive sentence OF the
highest penalty known to law. The circumstances
Which attended yocr crime. forbid you to entertain n
hope that sentence will be mitigated without pro-
vocation and in the meercst wantonncss you stabbed
your victim to the heart that he instantly died and
that by of deadly weapon, with which you went
constantly armed and which you Ind often threatened
to use before You have thus made yourself example
Of disorder and boodshed and the peace Of society de-
mands that you be made example Of the fearful
sequences which must flow from such conduct. few
days only have passed since your crime committed
and few weeks only will roll away before you will
pste IL ON the gali.ws The time of your death will
te nj hand but the interval may be- protsby spent
We admonisb you that IL he aud pronounce upon YOU
also. the scncnce-hSt Friday, the 2Tth day OF June
next. you be hung by neck till you dead And
may God have mercy you
At the conclusion of the sentence, the sol mn
ceremony of reading the death warrant gone through
by the Clerk the sheriff standing at the prisoners side
The Court of oyer and Termincr then adjourned
die and the two condemned prisoners removed by
the Sheriff. assisted by Mr. Henry Bertholf and other
officers of TIL court.
The nth of june the day which these
fenced to be- hangcd-is that To- which Henry Carnels
has been rcsptcd Thus the exceptions
taken prove effective, the three unfortunate men are
doomed 60 death on that day