The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-09

An interesting murder trial took place in Burlington
Iosa, in November last The accused was man named
John j. Jones' seventy years OF He had been
so Ter uneer Gen. Jackson and was with the old hero
in several Of his campaigns against the Indians.
McCarde. neghbor, some fifteen years ago. He made
his escape and was not heard Of until thort time be-
abolished in Iowa. the prisoner senten ,ed 70 hard
labor in the nientiary during the remainder Of his e
Jones through his attorney when asked If he had any
submitted the following statement -
May it please the Hone iable Court am old man,
fast totterrg to the The irosts Of
wintersthough they have not witened my brow, have
wrinkled my face, and chilled my heart with many
sorr'ws Mine , has been ehsqIer ,d life, And
lows, may give truthful version of the past
| bad family and home rude home, 1t is
all The decea ed robbed me Of the and invaded the
sanciity Of the othertwo small sons, lovely daugh
home the day Of the fatal deed, learned the certainty
Of tn Dsddenng truth and FASTENED to the fell, my
rife still in hand. know not why ] went ! had no
fixed esgn. He met me with club; shot him. And
though claim not to have acted defence, do assert
that there mutual combat You know the rest. |
fee-my family followed But for the fifteen years
had done. Now time has done its work. The govern
uent itself has changed New laws are passed and old
repealed and those who then surrounded me have
mostly passed away. different people are in tho land
different code Of morals now prevails drank liquor,
then would have been The objection Men in high sta
ton leaned upon the dram shop for support To treat
cnes fellow the poisoning cup deemed proof posi-
tive Of genteel training may not DO held responsible
alone for the vices OF society enough have been
their victim Tbose days past and that loved is
grave. That lovely daughter Is now hopeless Grip.
pie, wearing haggard face. OF those two boys
who should have been the prop of my old agethe one is
Join his injured mother witnesses against the
dead destroyer Of their peace the oherand my heart
sinks within when i say it-lives, but not to me;
But forgive To this honorable Court the jury and
the attorneys and officers thereof and to the people Of
this community, return my humble thanks for their
impartial hearing. / have never been a criminal of
choice, but rather the creature of circumstances, be-
estn the weight Of which far better men than me have
sunk. may have been too jealous Of mine honor, 1T
have but proved fthcss to my trust. When
my countrys rights were invaded answered them and
so did mine honor With General Jackson In all his
Creek campaigns bated for my country and Its laws.
At the fast in the Wilderness there at the fast of
acorns, | was there at Enmefa and 1aledega, was
there's when the shouts of victory drowned the cries
Of the dying at the battle Of Horse Shoe in the f ,nt
ranks Of my country there; and the name Of him
deeds Of daring These Of the past. long II o is
nearly spent the has changed but He above who
reads the human heart is further than the formal sem
tence Of the law, competent 10 judge
Judge Lowe, says the Darlington Telegraph OF the 2Sth
ult. then proceeded 10 sentence the prisoner.
The court cam II accept your statement valid
sufficient In law to arrest the upifted OF
tcc and therefore 1t remains for the court to perform
sentence Of the law Your great age having oatved
your three and ten years. the tact that long
sided my native spot In Ohio and the stu more i'm
Iortan. that you have honoraby scrve your
try am informed In the capacity OF soldier under
GEN Jackson make the performances OF the duty of
great igpance and severity on the part Of this court
Ard would williI ely have been spared the same for
the honor Of weight OF yearor the honor OF that
patriot m at whose affairs you bravey served in the
tower Of your manhood; and sti for the greater
honor Of that humanity which In later lfs you
should have observed towards that noensve neighbor
of yours for whose mu der you stand convicted 1t
is painful to reflect In reviewing the evidence for and
against you the mind rest upon fact CIR
cums,ance that would to offer the slightest apology
paliaon for your offence The story Of your crime
Ii short one and may he briefly told thus:-You had
let up Kind Of . claim 70 land occupied by Mr..
accaIdIe, upon which he had raised . crop,
and vas engaged in gathering the lam: .me for
claims In the peaceful mode prescribed by ~ you in
sisted upon reapng where you had not sown And you
said to McCsrdle that he should take any
FRI m his field that you would shoot him. McCardc be.
levng himref entitled 10 the fruits Of his labor
Persisted Yon brcoding over that fatal menace few
and executed your fell purpose b. sending bullet TO his
heart In the presence OF his McCardle do
to his grave and you guilty fson, to parts unkno
Fifteen years have since rolled away, and mysterious
Providence turns you up and brings you within the u
risdcon Of that law whose majesty you have outraged
grace Of homicide. And 10 grant you Immunity under
these from the legal consequences Of your
crime would McCardle to turn in his grave. The
Law under which you committed the deed visited your
crime with the penalty OF deah since which, the Le
g sture has materially changed the law Of murder
which TACT, taken In connection with the peculiar
strucion given this law by the Supreme Court makes II
than doubtful whether this has the power
under the Indictment and form II the verdict, 20 claim
life as the forfeit OF your crime and therefore giving you
hard labor in the penen'iary during the remainder Of
life earth