New-York daily tribune., 1858-07-13
La " LNIELLIGENCE
CASE OF MICHAEL CAycruI

az SEPTEMBER NEXr-MorIoS FoR A Nrw
TRIAL DENIED.
e., PecPe ssi ni,ss,. c.soeEi
Tie Court Icem was crowded as usual to-day
Judge Dayiee sisted tbs, the Cnouu JUICE hsi
snercsi The po.fra 30 IS 70 shcw thX Michael CAn-
oem wss lrsseu; iGrirg tie whole Of the tral sai a.
the TEL duon Ct the verdict He h.d ssni up os e.
cate IL relation to lie Withdrawal Ct tue juror. The
following is copy:
certify and state TO the Sapreme Court tia. sn~
the jury hsd been ioipanneled ami swcra and TIA
.,al o. the prisoner commesced VIZ: on the I'D ii
Jure, ls5s the snre1ei stipulation copsec. and agree
meIt Of the pisoaer ais counsel aud the coa,sei ia
behalf Of tie psope. presented 10 ths Con- and
toe juror FREQ Muller withdrAwn by tie es press
request sid cCnss-t of t2e prisoner sni undr and in
pursuance # such Stipulation. wv. b. WRiour.
Jrl, ~, 1854
Mr Asbmsad ssid that "a the reasons for srre.t Of
uc Emtn hsG be en- oyeirulsc be ~ould ak the Coart
10 iIstt that TIE celendsn. objected 20 the sneat
meIt Of the postes by which TIE folio sirg: The
ssid Michael Carcemi osyiog been present court
curing the whole OF ss6 trial aud AZ tae Ieaiiuca sf
tie verdict WAS inserted.
Mr. BlN kmsn ssid be hsi W fuilled h,s du,y 4,
this Court he nai no other wish than tGst tcs wsole
truth should be preseUed 10 Il. lie had objec-
hons, ard would nov leave the matter aud has clest
IN the hsuGs u the Court w zen the motion was
orgnsly msde wsa not With the intention OF rascg
obi ct.ons. but oi y with the hope tbs. tho truts
should appear. Nov tho; the Circuh Judge had Ger
tlhtd 10 tie fact be was content SDd would leave the
csse entirely TO them.
Tie Attorney General and Mr.. Ashmead then with
drew obeEystions previously made by thsin, aad n
which cepsure wss applied.
C6Icemt WAS nrralgEed, and the Clerk addressed
him a. follows
MICHAEL CNcEN: You rpsy remember that res
have heretofore teeu indicted for cert so fsooy and
murder by you dcns and committed. Upon that IN.
cicimert you pleaded Not Guilty" aud you pat
Yourself on your couItry for thsl, which coustry
found you guilty What have you to say Why jadg-
mert Of death should not be pToncunced against you
according {, law
Can cemi replied, through the Interpreter: 81 AN
Innocent Of tire nse charged against me, ssd ~
reason Why sentence should not be pronounced, as
sign that | was tired by stribunal unknown 10 the
common law ard the Constitution, namely, by eevea
Jurors and not twelve. deem TINS proper ~ be told
as n reason why judgment should be srrested."
Jucge Davies sad " IL was your rlgat 10 be tried
by Jury oftwelve men; but is sppsais by the CO TIL
cate the Cncuit Jadge, before whom your tr,l ~as
had thst me of the Jurors wthdrawn a. your ows
request and for your benefit and at your request
ths tial proceeded with the remaining jurors. We
think, therefore. urder these instances, and ~
tie application to the Court was made at your re-
qut ard for your benz fit that is cur duty TO pro-
ard pronounce judgment, aud which will now be
propcuIced by the Juoge who presided at your tr'a
Judge Wright then delivered the sentence 10 tho fol-
loving words:
Michael Csncem, your trial was protrsc one.
endesvored that you should have fair trial aud a.
impartial oIe, snG every Indulgence that the rces VI
law and the ends of puplic justice would admit
Of were extended to you. You were aided IN
your defense by jealous and sble counsel; yct
An intelligent and conscieptious Jury bsve found
Won Guilty of the crune of murder. No enlisht
eled and cientious person can read the evidence
sdduced your trial without bsng satisfied that that
convection Was Just III any reliance Is to be plscsd
upon human evidence your guilt manifest. Detect
cd in the commission of bu gsry, you deliberately
killed public officer, who WAS oisohafging his duty
IN fleeing your arrest. You have not the poor
cuse that the victim Of your malice had in any way in
jured you. To avoid ares. for lesser crime, you
commllteS greater one. All that remains for the
Govt now is To pronounce judgment. You ought not
to indulge 10 any hope Of Executive clemercy. You
canrot reasonably expect pardon or conmu,ation u
punishmeI But lot me earnestly implore you TO en-
ploy the brief period which you have left in maksx
preparation 10 meet that God whom you have -
giievousy offended. Approach him in humble peni-
terce OF heart and for the cake OF his blessed Son. hs
will pardon sud forgive, though men may not
"The sentence of the Court is, that on Thursdsy.
the I'd day Of September next bet ween the hours Of
10 8. m. ard p. IN. Of that day, within the wsls Of
the prison Of The county or in the yard annexed to
such prison, you be hung by the neck until you sre
dead, and rnsy God haye mercy on your soal.'
The prisoner wiped away a tear.
Mr. Kazuesi thon said that Caucemi wished 10 say
somethIrg which he had 10 writiog, and which was
translated 20 the Couit as follows
3" Little have 10 say since reposed myself On my
conscience during the eleven months 10 the prison, 70
declare my innocence to the people. But have been
deceived. did not believe that Republican Gov
ernment could vengeance with money as II ~
Usually done under Monsrchia Government, sndI
leave my life in he hands Of this Court. And you
othsr Judges who have tried me on t1s basis OF the
false testimony you will feel Ia your hearts my last
WORDS that you have condemned me inf Ocent. die
innocent and cannot AZ ain my second family since
I'll from the bands Of tyfant, snd % to embrace
mother which was my RUN. Since Americs VIII noe
be any more the mother Of the unhappy ors, since
during the Influence of protection and money sach
accidents hsppen. thank my lawyers with all ray
heart .or the assistance which they have offered. II
they have been deceived because they thought hero
in, A sr,rs irz.i ia avs a
the Injustice. The sane 10 tyaos. die depl,rsg
from al ny heart the duties which leave behind me,
which maze to perform for my ubfortula'e wife, who
is tere, stranger surrounded by enemies"
Mr. Blabkmsn then read the bill Of exceptions, and
moved for a pew trial. The motion WAS argued ct
length by tie prisoner counsel citing in support Of
Their often the 81 section Ct the act OF lSo) wbioh
provides that every prisoner convicted OF csptM
offeIse shall have trial, az matter OF rgat
the Court deem the weight Of the evidence 10 be
against the guilt Of the prisoner the convic ion un-
lust The counsel for the prosecution maintained thst
the ec Of 1853 aeIed the act o 1870 80 rs to coanae
the right exclusively 10 prisoners convicted 10 the
Court n General Session. 80
The Court, after sutatiop, concured ID InH
yisx ard sccord Ugly denied the notion
Subsequently Mr.. Blsrkman IA sed the point tnss
be understood the certificate OF Juege wright wss~
be CO DE- Gered 40 part Of the record.
TIE Court decided that II could not be regnood =
psrt If the record, but it should accompany IL, see
they (course for tho sccused could take an ehcep-
ton to Tulcg and make one Vi thon teos"hS !"
Mr' Askue.d objected to the word they" a. hs
had nothing 10 do with that part Of tie case.
TIE record wac then handed TO the Judges and sss
Court adjour,ed.
The following are Mr.. Blsnknsn's points in support
o. his motion for q rew tiisl;
viner. Ab D. ss5 The Clerk Of Ass1- may bring on his
ros. BY which be made postss, aud amend BY tas"' N
is WnsT's Ab p l7e roord ought 70 b. m.ss N A.ns a
.ysry Juor sworn d eyey wrir awarded md o' sss @
aud othsr ding % dsy though the Asns a