The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-31

The Sea View House Tragedy.
THE APPROACHING EXECUTION OF DoNNELLY-I-Er-
TER FROM GOVERNOR NEWELL ON THE LATE DE-
CIsION or TIE COURT Oh PARD0H6.
The last act tragedy which has cressd universe,
interest for hundreds Of miles around New York is near
DonneLys time In this world y growing fearfuy short.
To week he win suffer the extreme penalty Of the
law unless pehance the hand Of death should intervene
and cheat the scaod Of victim. The fate Of the con
demned has excited much sympathy minds of thou
sands both in this State and in New Jersey The devo
ton OF an aged father and two loving sisters towards the
unhappy young man, produces sympathetic feeling
tural and unavoidable but should not lead into mis-
judged clemency whereby the operation of the law would
| be rendered partial uncertain
James p Donnely, who is so to suffer the death
penalty, is young man endowed with more than the
usual share of intelligence with finished education re
ceved at one Of the best colleges in the South and with
profession which would have rendered him a useful
and respected member of society At the time of his fall
he was engaged to be married TO young lady in Wash
ngton whom he had been devoedy attached for three
years Thus his family and friends not only made TO
suffer for his crime, but lovely and amabe woman is
made sad and desolate
TO save the life Of their client. Every means of
delay were used, but without effect They car
no er h S.r se up e court hs ana Ia
unsuccessful. II was then carried to the Court of
Errors, but with no better success. Having thus
shausted the courts an attempt made 10 the
Communication Of the sentence. petition signed by
three thousand persons presented 10 the Court of
Pardons, praying for cemency but the prayer Of the
petitioners denied, and thus all hope for the
DENIED has departed The decision of the Court OF Pardons
was communicated to the counsel of Donnelly in letter
written by Governor Newell OF which have been fur
nished with the following copy
ExEcuTIvE DEPARTMENT, Dec %, 1857.
To MEsSRs PENNINGTON BRADLEY AND MAcIEAN, Counsel
of James p Donnely-
GENrExEy-The Court of Pardons has concluded the
consideration of the application Of James r. Donnely
(who has been sentenced suffer death for murder
OF tAlbert MosesO to have his punishment commuted
TO that Of Imprisonment for life.
The application has not beer granted The prisoner
found guilty Of wul murder by an intelligent and unpre
JUDGED jury and their verdict sustained by the Court
He has been defended by learned COUNSEL who have
tested his step by step with great zeal and ability
The Supreme Court has after patient hearing OF the
in all its details refused grant him trial and
the Court OF Erors-the highest judicial tribunal in the
State-has susainedit its decision
As last resort the Court of Pardons has petition
ed commute his punishment that of Imprisonment for
life. That Court impressed with becoming sense of lis
fearful responsibility, has, after mature deiberaton,
come 10 conclusion which must extingush the last hope
| Of the unfortunate offender
The law of the land adjudges that f a deliberately
Stays his fellow he shall lie, not only punish
ment for his crime but TO deter others from committing
similar offence is not for US 10 question the wisdom
of law which all nations have found necessary to es
tablish and TO maintain Is II province 10 interfere
in any with its stern execution, except there be
doubt 10 the identity OF the murderer where the
circumstances Of his case lary commend him to mer
| ciful consideration
The conviction of Mr. Donney was deemed necessary
to maintain the majesty OF the law to protect the rights
To modify the punishment in case where guilt was so
clearly proved by the testimony given upon the trial
would be To bring reproach upon the pardoning power
il would greatly impair the public confidence in the fair
ness mpartiaty and rgor of the administration OF jus
tice and would involve obligation to commute the
sentence of all other capital offenders thus virtually
aboishng the death penalty in our State These respon
sibities the Court Of Pardons cannot conscenousy
sumo
In making known to you the decision OF the Court, am
constrained TO my sincere commisseraon at the
fate of young whose natural intelligence (icaton
and general accomplishments would have well fitted
him TO become useful and honorable member Of society
but whose crime has at the very threshold of his
hood, consigned him to an ignominons death Isympa
thise with his distressed relatives and friends and most
especially with his heart stricken father whose gray hairs
will go down with sorrow 10 the grave
Will you please communicate decision 10 the prison
that he not be diverted by the deusive hope OF
receiving ceinency, from preparing for his inevitable
journey 10 "that bourne from whence no traveller
tuTps."
May he find mercy in thelpesence Of the 0mniscient
Judge whose Justice appeased by the offerings Of peni-
teDce and faith
With sentiments Of the highest consideration and re-
wM. A. NEWELL.