Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-12-16
From the New York vindicator. Dec. sth.
EN EN- HANDED JUSTICE-JAS, p. DON.

NELLY AND FREDERIC DE CUEya
At one OF our fashionable watering places
last summer dreadful murder was committed
"a young man named Albert s. Moses having
been found early one morning stretched on his
ped with deep cash in his throat, and the
WIN vain hle blood gushing forth in a manner
Whlch soon terminated the sufferings of the un-
fortunate victim. Jas. p Donnelly, the book
Keeper at the Sea View House, Highlands
where the deed was perpetrated was arrested
on suspicion, tried and convicted by a jury of
twelve OF his his countrymen. Application was
subsequently made for a new trial, which was
denied by the Supreme Court and the prison
er's counsel have therefore obtained a writ of
error to carry the case before the Court of Ap-
pealS. 80 the case stands at present
Ihe striking contrast presented by the Sc
verify In this case, and the singular leniency in
that OF the young Cuban, Cueva, affords good
example Of the even-handed justice which is
sometimes dealt ont to criminals. We do not
wish to accuse the learned judges i'm JERSEY of
dishonesty, but we cannot help thinking that.
had the good father of Cueva not been n man
OF wealth and position, the sentence i'm the case
would have been entirely different Instead
OF suffering nothing for his offence, flor we
maintain that the inhction Of fine of 81 900
paid by father, is no punishment for a son.
young Cueva would have bean sent to the State
Prison for the usual term, and condemned to
work and slave, like any common, vulgar or
poor criminal. But so it is the world over-so
| 1t ever has been, and 80 it ever will be. One
law for the rich and another for those who are
not.
However discreditable the acknowledgment
may be to our human nature, it is nevertheless
true that there is singular influence viii III
sways judges and Juries, no matter how honest
" they may be disposed. That influence is
Wealth. 1t is an unconscious influence, or
rather they are conscious of an influence, but
never ascribe 1t to its proper cause.-the aver
sion to convict Or sentence harshly rich Grim
inal, being generally attributed to the noble
emotions of sympathy with his afflicted family.
There Is no denying that sympathy has a great
deal to do with il; but wealth has a great deal
more Who. for instance, will pretend to say
that, IN nlnety-nlne cases out of u hundred tho
tears of the poor man will so readily move the
heart to compassion as those of the rich. And
what melancholy confirmation of this we have
in two cases before US The evidence against
Donnelly was not more strong than that against
Cueva; nor were there less extenuating circum-
stances In the one case than in the other
Cueya action was proved pOSitireiy, while the
guilt of DOnnelly was merely presumed from a
chain OF circumstances, for, without wishing to
insult the feelings of his afflicted relations we
must say that the dying declaration of Moses
is greatly weakened by the doubt which is
thrown about his belief in future state. Day
after day, the aged father of Donnelly with a
constancy and intensity of love which only a
parent can have, attended his unhappy son in
prison, in court, wherever in fact he went,
praying and weeping, and sOrrowing, and
moving the hardest hearts by the poignancy Of
his grief. The poor sisters, too were there
endeayoring to administer consolation to their
brother, and to cheer him by their sympathy
Still what do we find A verdict of Murder
against Donnelly, and ''Mansaughter''-afi fine
OF $1,000 merely-against CueVa, who shot
down his unfortunate victim in the public
streets of HOboken, without any suficien cause
or proyOcatiOn. Such are the different results
of impartial justice.
We are no advocates Of injudicous clemency
we confess to no sickly feelings of sympathy
Tor criminals who have forfeited all claim upon
compassion and mercy by their evil actions;
but We do say that, in the dispensations of the
blind goddess, no distinctions should be made
between rich and pOor-ths sentence of the
law should fall as heavily upon the head of the
. big man as upon that Of the smallest and
most unlmpOrtant in creation If rich vii
lain shoots down fellow being in cold blood
and IN spirit of revenge, let the crime be
called by Its right name, murder and not
genteely construed as - manslaughter" and if
the aforesaid rich villain is found guilty of
manslaughter, let him be treated with the
same severity as the humbles: of Gods crea-
lures
LII there ever was case which would Justify
variation in the stern DEGREES of Justice il is
that of DOnnelly. Highly educated and of
good character previous to the terrible charge,
the conviction of which must in the natural
course Of events, be followed by the forfeiture
OF his life, DOnnelly affords fit subject for the
exercise of the merciful discretionary power
with which the Governor Of New Jersey is in.
vested, Ofcommuting the sentences of criminals
There is still a reasonable doubt of his guilt
and while there is one, there cannot be much
harm, in case like his, in mitigating the harsh
ness OF the sentence. To say nothing of the
JOY and extreme happiness it will confer on his
almost broken hearted parent and family, the
pardOning Of him would convert him into an in
strument of great good among his fellow crea-
lures, TO whom, we have no doubt, he would
ever be a living advice and warming For
even If he is not liberated after years Of incar-
ceration In the State prison, but condemned to
exc out the rest Of his existence among the
worst description of criminals, his example
might be Of service in deterring others from tie
commission ofcrimes, from the penalty OF which
he had so narrow al escape.
To this end We would recommend his friends
to get up petition forthwith to Gov. Newell
for a Communication of his sentence
We earnestly recommend him to Executive
clemency.