The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-09

dressing the counsel for t accused sadIn tue OF
Casoem the bill of exceptions is settled and in court
Che exception the challenge ought to have come 10
on the first part of the record DO you wish to say any
thing 90 that question?
Mr.. Ashmead replied that he would be satisfied with
the minutes of Judge Davies he had no doubt they
fairly kept On question of wished
10 say that they to the Court Of Appeals
they had proved the prisoners good character from in
fancy but his Honor Judge Davies, charged the jury
OF Professor Webster and that II recognized by the
Courts in this State that If the offence OF very
but II II OF q common grade, such assault &C, it
should be taken into consideration He NE Az did not
believe that the Courts in this country England ap-
proved Of such ruling lie oontended that Character
should avail in offences of higher grade and he would
NJ proper tme fortify this opinion.
Tho District Attorney understood his learned friend
edectualy withdraw his exceptions and proposed go
Mr. Blankmaa--We do not withdraw anything
The District AttorneyThey propose to take this to
the Court of Appeals, where has already been settled in
the Of Bodne He question as to the
formation of an opinion by juror settled AS to tn
qustion Of character he reasoned from tho philosophy
our nature that character is alone be looked at ord
nary offences; that in the Of who is charg
ed with larceny, previods good character for indus
crimes a. Chief usce Shsw has ne cooa 96sn
m uncrdnary crime 70 apply the ordinary actions and
transactions OF mankind is absurd, because makes
trade Of murder grows in the commission OF
cous crimes. They had, therefore, in Of murder,
TO leave out Of the question the ordinary character OF the
character and standing in the communicating pressed
under extraordinary circumstances he had the motivet
was either murder and conceament exposure In this
very case Cancem proved be industrious early
and late at his work to be frugal honest in his dealings
with mankind; but as said to the jury, here
placed in extraordinary circumstances he about
TO be exposed burglar he had the Of death in
his hand and he shot-the law calls it murder-to avoid
detection He Mr Hal) considt that the Judge (Da
ves) very properly applied the rule laid down by Chief
Justice Shaw TO the present case.
Mr.. Ashmead replied. He said that the District Aor-
ney argued that good character should avail only in
Of larceny such offences What the difference
between larceny and burglary He 0fr. Al contended
that the Judge should have charged the jury that
who had obtained high aud exemplary characer-tnat
character should avail If this charged with
larceny, the District Attorney admits that character should
avail and why not in OF burglary; for the murder
was not committed until after wards He submitted as a
matter Of justice law that jury should
have been told that charge of burglary good charac
ter should have been taken into their consideration
Mr.. Blankman suggested TO the Court to appoint day
for counsel for the prisoner TO present their argument
the points raised
cause, several persons testified to having the shot
fred and that the majority of them identified the prisoner
; the person who fired IL.
Mr.. Blankman-Thats distinctly deny it mere,
court
80 would ask would consent 70 place it
on the records. The exceptions in this very
and the Court have given them considera
ton The first was whether this Court had power to sen
tence and the Judges had the conclusion that
The business Of the General Term to pass sentence and
that the Circuit Court under the law has not the
power They have also come to the conclusion that the
Circuit Court proper tribunal 70 try the The
Judges of this Court had communicated With other Judges
in this State and they agree with that the business
Of this Court TO pronounce sentence The questions
scented in the exceptions such the
70 pass upon They agreed that the question cha
racter properly decided They had come to that
cusion on reading the whole the charge OF the Judge
(Daves) This Court took the charge amount to this
that in the Of minor offence character should have
strong weight but in case like this the jury should say
what weight they would give to it, The sentence would
be pronounced by the Jucge who presided at the trial
Cancem then conducted to the centre of the court
hx nQic nar thnl anil dark
oountenance Of the Italian there pallor and he
seemed sensiby alive TO his awful position.
Tho interpreter, Mr. kowinski was sworn to explain to
the prisoner the proceedings they conducted
Mr. yandervoor the CLERK then put the question in the
usual form TO what he had to say why judgment OF
death should not be pronounced upon him.
The interpreter, having put the question to Cancem re-
pliedHe says he is innocent Of the charge that all the
witnesses in the case have perjured themselves, and
hunted up the police and the butchers o. this city,
He cannot say anything more, he Is innocent
sEsTEscKD FOR EXECUTION on 10TH OF JANUARY
Judge Davies, addressing the prisoner (each sen
tence being translated to him in the Italian language by
m interpreter,) said
Inquest the city and county of New York for the wifu
murder Of Eugene Anderson the morning Of July 81
1867. On being arragned you pleaded lot guilty TO the
charge and demanded trial That trial you have had.
Your generous countrynen rallied to your support ia this
you had fair trial and every opportunity afforded of IS
tabshing your innocence The Cosr; assigned TO you
able and distinguished counsel, who have devoted them
selves without reward 10 your defence with
teng zeal and marked ability. Every facility has been
expense been borne by the county. An Intelligent
Jury almoet selected by yourself, have listened with
aQ ainst YOU and every circumstance which sug
gested by astute and vglsnt counsel on your be
half TO establish your innocence All the testimony thus
adduced well against IN your favor, they have
Camy considered and deliberately weighed The good cha
Shch you have hitherto maintained, as well nthe
land nativity in that OF your adoption, was taken
by them into consideration and II they bad deemed the
charge against you doubtful one, would have SO pro-
pondcratcd as 10 have insured your aoqutt But,
witt
thc charged against and IN that result the Court
thinks proper 10 say entirely The offence OF
which Won have thus been found guilty one Of the most
hcinous known laws, You have not only taken the
life Of human being, but that Of public officer while
engaged In the discharge OF his duties aud while seeking
90 arrest you you engaged 10 perpctra
ting You not only struck down fellow citizen but
Innister OF the armed with its majesty and
titled to It's protection He there 10 prevent crime
and YOU TO save yourself from the punishment due 10
the one you had committed, took his lie-ere the pri
soner shook his head mournfully) -herehy committing
another and greater whereby your life has become tor
feted that State whose officer ard cit zen nc was The
violated laws demand that the guilty shall receive punish
ment and but for the Court 20 pronounce that
Judgment which the Law has made ~ DUTY TO declare
Your time for this life must be short and the
Court admonishes you that You have no hope
OF change in your condition. II + your solemn duty,
therefore, spend the little OF this life remaining to you
m preparation another and 10 seek forgiveness OF
all your from your offended God whose laws YOU have
violated Such ministers Of religion as you may select
will attend YOU whenever desired and administer YOU
such consolation their holy religion impaits Is 70 he
hoped that with deep contrton will seek ach aid and
prepare the great change which s~air you.
The sentence OF the Court - that be remandcd hence
10 the city prison. and tina, you be there detained until
Friday the fifteenth day Of January next, aud that
day, between the hours Of A. NJ and I. NJ you be
hanged by the neck until you dead and may God,
through the Of Hs son have mercy your soul.
Al the conclusion OF this address which delivered
with much feeling and mpressveDess the City Hall clock
toed r. loud tones contrasting With the solemn
within
when the bell ceased Csncem turned 10 the interpreter,
and poetic and expressive language OF his native
land said "when am dead the tears Of my wife will be
recognized In heaven eternal rcproach TO this
Court"
In answer 10 question from Mr.. Ashmead Judge Mitch
ell said that counsel could apply 70 single Judge, who
might determine On apppicaton for stay Of proceed
tngs.
DrAr WARRANT.
Mr. yandervoort then read the death warrant o. which
The following W a copy
Inc People The Of New York The Sheriff o. The CITY