Daily evening star. [volume] (Washington [D.C.]) 1852-1854, 1854-03-29
DAILY EVENING STAR.
From the Pittsburg Union.J
EXECUTION OF DAVID JEWELL,

| FOR the uurdcr Of Samuel Mitchell
The execution of David Jewell, for thu
murder of Samuel Mitchell, on the 5th O
July, 1852, took place at . O'Clock or
Friday, oath instant. in the jail-yard, ir
the presence of q deputatien Of several
hundred persons. 7-i f h--7
About twenty-five minutes past ont
o'clock, and when the time arrived fol
the prisoner to leave the cell, he request
ed that he be conducted thither by Sheriff
Magill on the one side and DR.. Glenn on
tie other. In this position, they entered
the jail-yard, and the prisoner ascended
the scaffold with firm step, and took
his stand on the fatal drop. He then
read to the people. leudly and distinctly,
with very little apparent tremor in his
| voice his f----ss r-ars--s
| DYING DECLARATION.
TO the People Of Pennsylvania | am
about to die, and desire to leave on re.
cord dying mans declaration; of course
| they will be received for what they are
worth; but will say this of them, that
they are not made for the purpose of in.
luring any one-they are made for the
benefit of my fellow citizens, and for the
purpose of rescuing my name from the
black and ignominous catalogue in which
| misled and excited public seek to place
it, which position l detest as much as
any Of you.
feel that | am murderer-that
have been unjustly punished-that | have
had the whole force of exciting circum-
stances lover which could have no con.
troll to contend against, as well as the
charge Of prejudiced judge, who in
Spirit descenled from the bench and en-
tered the list against me. .
am satisfied that | am borne out in
this view of his charge by almost every
person who ever read it; and its delivery
by him was even more effective upon the
minds Of the excited, than closer peru
sal of it since. By studied emphasis
upon certain words and sentences, he
insidiously conveyed the most malignant
poison into the breasts of nv Jurors.
against me. 1t cannot be denied, with
truth, but that the bench can ALWAYS
carry great force into the jury box; there
fore, in some of the States, all criminal
cases are submitted to the jury, after the
arguments of the counsel, without any
remarks from the Court, unless especially
solicited to elucidate some point of law
on which the counsel differ in opinion, so
that that the prisoner may have a. strictly
fair and impartial trial. If l had DOS
sessed the right, would not now have
any just cause Of complaint to record
against one whom God has not fitted for
the duties of an impartial Judge.
10 make out case of murder against
me, it was necessary to prove malice,
premeditation, wilfuiness. Was either
attempted :! Was either urged, unac.
companied by the most barefaced and
transparent sophistry! A brief detail Of
the facts will show, and l will not be
ashamed nor afraid to repeat them before
my God, before whom, and at whose tri
buual L am soon to stand, and have my
case reviewed and reversed. Ihave been
too much of devotee at the shrine of
pleasure. Is this crime? If it is, mil
lions are at this Instant guilty of the
same offence, and will 90 unpunished
On the fatal 5th of July, Ihad given my
self to recreation aud pleasure; 1 had un
consciously partaken too freely. One
whom l regarded as friend, appealed to
my sympatlies, stating that his character
had been traduced, and request, d me to
see him righted. l volunteered to 60 with
him for that purpose, little dreaming what
might occur. .. ... -......'
When we had gone part of the way,
lost all recollection, and know nothing
more until after the fatal blow, which is
said to have been inflicted by me during
the fight. have no recollection of doing
it, but will not shrink from the response
bility, feeling consciousfS innocent of any
intentiont to take the life of human being.
Heated with drink, and excited with the
pleasures of the day, as we'll as the cir
cumstances attendant upon a personal
IencOntre, must have been maddened
to degree bordering on insanity. How
ever this may be, deeply regret it, and
believe my Maker will not hold me &C,
countable. God is my witness, that en-
tertained no unkind feeling towards the
deceased-have no recollection of ever
having seen him before-never meditated
his injury or death for single instant.
By what kind of hair drawn reasoning,
then, can | be justly convicted of murder,
which must be accompanied, according
to the language of the law, with malice,
prelneditation and wilfulness. If | had
entertained malice towards thedeceased-
had waylaid him for the purpose Of rob
bing him, and killed him in order to
effect my purpose-had killed him so as
to prevent his being witness against me
in brief, had been insfgated by any
thing but the madness occasioned by the
total absence of reason, would not com.
plain L would not have the heart to cay
that my punishment was undeseryed,
and that excitement and prejudice were
the cause of nv conviction.
But l hold the jury guiltless. They
were unexpectedly led into error in my
case, and | entreat forgiveness for them
before the bar Of God. They have sacri-
feed me through error, which they are
likewise charged with in releasing those
who were also engaged in the same diff
Guilty, without any punishment. Accord
ing to the strict letter of the law, mine
was as much too iieavy as theirs was too
light; yet l congratulate them upon
their good fortune, and trust it will
prove salutary lesson to them for the
balance of their lives. Nv life is offered