The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-03-06
LOCAL MATTERS.
u. 8. CIRCUIT Court.
BEFORE JUDGE HALYBuRToN.

Reid and Clements were brought INTO the U. ..
Court Room and set to the bar in custody of their
jailor They appeared care-worn, and the coun-
tenance of Clements in particular, exhibited sad
and Responding expression. The courtroom was
speedily filed with curious spectators; and at about
half past Ii, the Court entered and the business OF
the day commenced
The Court first announced that in the case of the
United States Reid and Clements, wherein
new trial moved for, and argued at the last
term of that Court and from judicial considerations
the motion, adjourned over to the Supreme Court
at Washington for decision,-the Supreme Court
had considered the application, and thought that
the grounds alleged for new trial were insuil'
cent, and that the motion ought to be over'ruled.
This had been done and the official documents were
in Court and open for the inspection of the prison
er's counsel.
The papers were here examined for the prisoners,
by their counsel, Messrs. Scott Randolph and
Crane.
The Coul: then gave its opinion upon the apph-
cation of Clements counsel for new trial, pre-
missing that it had not decided the motion, when
first made, because of its novelty, or OF any dlfl'
Guilty in regard to il, but because it was was one OF
great moment, connected, as it was, with the lie
of criminal and should not be hastily acted upon
The Court them in very able and learned written
opinion, discussed the grounds of the motion at
length, which grounds were,Ii substance as fol-
lows - First, that the jury had been allowed TO
separate,during the trial; and secondly, that the
jury had been conducted by the officer through the
streets for exercise and recreation-.ho time-at-
ter dark. The Court overruled the motion, holding
first, that no separation proved by the test.
mony and secondly, that this excurs1on OF the
Jury exposed them to no influences calculated to az
feet their verdict
The announcement of the rejection of his appli-
cation was received by Clements very composedy
The Court then stated that it would proceed to
pass sentence upon the accused; and after the
usual interrogation had been put by the Clerk to
Reid and Clements, individually if they had any
| thing to say why the Court should not pass sem
tence upon them, TO which they answered. in clear
but subdued tones, they had " nothing to say the
| Court in solemn and imp ssive manner sentenced
| the accused to death in the following language:
| THOMAS REID AND EDWARD CLEMENTS. You
were arraigned in this Court more than year ago.
Yer felony. You were defended by zeaous and
able counsel and tried by juries composed OF intel
igent, impartial and most respectable men, who, at
ed the evidence, brought in verdict against you.-
| Upon this verdict sentence of death pronounc-
| ed at the same term of the Court.
| A motion was then made for new trial, ground
ed upon some supposed irrsgulsrity in the proceed
ings and the questions which after having been
deliberately argued in this Court were adjourned to
the Supreme Court of the United States for its de-
cison upon them, and there again argued, whereup-
on that highest tribunal known to laws, decid-
sd that trial ought moi to be granted, upon
the grounds stated to the Court
Since that decision, another motion fer new
trial upon other grounds, has been made in behalf
of Clements, which, to-day, have overrulcd. And
II ow have to perform, a second time, painful
duty, the most painful duty have had to dis
charge, and which, pray it may never be my lot
to be obliged to discharge again-that of passing
sentence of death against human being.
The time has now nearly arrived when you must
pay the forfeit incurred by your crimes. There is
no hope of escape or further delay. | truly ply
your unhappy fate, and believe all those who be-
hold this scene affected in the manner;
vet do not pretend that would, if it were in my
power arrest the hand of justice because it is abso
uely necessary for the peace and safety of society,
that they who commit crimes, should suffer punish
ment. 1t is necessary in order to deter others from
offending against the laws and besides if one who
in cold blood, and with deiberation, takes away
the life of felow-man without just cause, should
be allowed to 90 at large and UNPUBLISHED, what as
surance have we, or we have, that he will not
again be guilty of the same crmea
A Judge remarkable for his humanity and benev
lence, and equally eminent for piety, learning and
wisdom in laying down rules for is conduct on the
bench has said that in criminals of blood if the
fact be evident, severity is Justice and further.
"that in business capital though my nature incline
me to pity set to consider that, there is also pity
due to TIE country"
Itwould, indeed, be wrong if we were to let our
pity for the guilty outweigh our concern for the
safety of the innocent and the virtuous.
will not enter into recital of the circumstances
connected with the crime of which you have been
guilty. tits very far from my wish, if could do
by my words, to intlict upon you any unnecessary
pain. ltis sufficient for to say, and perhaps it
isproper that ! should say in vindication of the
law of the land, and of the course Of justice here,
that your crime of the deepest dye; one
which, to think Of is almost enough to curdle the
blood in our veins; and for which, do not doubt,
you have felt the psng of remorse, compared to
which the pang of that death to which you are has
tening, is as nothing.
trust that your example may prove of service
to wicked men, who will survive you No living
witness was produced upon your trial, who actually
saw you commit the crime of which you have been
convicted. Those who might have spoken positive.
ly of the fact had been sienced forever Every eye
save your own that looked upon that scene of car
mage, was closed in death beneath the waves of
ocean. You were convicted upon circumstantal
evidence, yet that evidence sufficient to fully
satisfy Of your guilt two jures who patiently and
laboriously onsidered-anxious doubt, to find
come ground for acquitta-casting about, and eager
probably, to find some "ioop to hang doubt on
They we re unable to do so, and the Court was sat
lated with their verdict.
May bad men be taught by your example to shun