The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-13
THE CASE OF CANCEMI.

tHc CASE Or CANCEMI.
S~~~~~>~>>>~>~-o>-.~~
CsDcsmi Sentenced 10 Exsc1asn ON the "a
sspss mber- the Prisoser's Declaration Of
Annoce~cs- mosion for . New Trasi.
SUPREME coURr-GkNERAL TENN.
Before Hon. Judges Davies, Wright Ingraham and
Sutherland.
July l2.-TAe People rs. Michael Cancemi.-
Judge Davies announced that the Circuit Judge had
sent in the posfea in amended form, stating thai
Michael Cancemi was present during the whole Of
the trial and at the rendition of the verdict. The
Circuit Judge (wright) also sent up certificate
which is as follows
SUPREME COURT -rrm PEOPLE VS. McuAxI csNcwM
oertf. aoo state 10 toe 81 Cour tnss afer the
jury had been duis eusooeed aud sod the triA
OF the prisoner conGeroed- Juue, 1855
the aDnexsd supu ston, aud agreement
prspe counsel ADD toe council behalf 0f the people
was presented To tue Court, src the juror Frederck
Auier) Gas sphdrswo by toe exoress request aod
sent OF the prisoner and under aee 10 pursuance such
stipulation. WILLIAM g. WRIGHT
STIPULATION.
stipulation, consent AID screneut OF which the fol
loving copy, II nsnoeo 10 ;he court,
In the Crcuis Csur 'or the Fis Judicial district Of the
Supreme the STATE OF New Yors, wtioa beas
held Ia fope City county O; New York, OF the
term D. 1855 JUDE toe 18TH 1858
TIE People Of te State # N,so FORK Michael Ca"oem!
-upora al indictment changing him with the murder u
Eugene Anderson, dec< ased
Mr.. Justice Wright hol ing said Court.
AFORESAID the yssr foresad COUNSEL on the part Of
tie ce rdRnt having suggested 10 tae court ner ~sh
Delled the fedescs xdiier) should be PEI Gn
tee TO ~ithdra~ from the ju'y;hs Attorney Geoeral ~
eenrg to the OBSERVATION-DISCLOSURES the said defendant
Michael CsDceni ia ms proper pc here In IN
open Court aforesaid, does consent that the said
Juror. FREDERICK Muller, be hdrswn from actual
upon jury; and that the verdict in
be rendered by ana taken from the remsiuiug eleven
Jurors: thai tbs Twelve now appesriag OF
recoo as 'oe jury N tos cause nssy remao toa by
The alR "a hl-a al no
twelve jurors MICHAEL CaNCEMI.
Approved by the counsel
l. TREMAIN, Attorney General.
JOHN NcKE0N, JOHN AsaaEAD,
A A PHIL IpS, L 6LANKuAN.
Which is Gle and toe sad Frederick Muller
Is pes mn,ed " withdraw from the jury box
Mr. Ashmead then put in the following document
The in arrest of Judgment have been argued
and oveTuled by the Court: the defendant objects
to the amendment of the postea aer the oyerruIing
of exceptions by the General Term, by which the
following 1.-THE said Michael Cancemi having been
present in court during the whole OF said trial and
at the rendition of the verdict" was inserted
Mr.. Bankman said his duty TO this honorable
court bad been fulfilled he had no other wish than
that the truth should be presented to it. As to OBJ
jections he had none to make, and would now leave
his client in the hands of the Court When he
made the motion originally, he did not make it with
any intention To raise any objections. He made it
only with wish that the truth should appear. Now
that the fact had been certified TO by the honorable
with the Court.
Some explanatory remarks passed between Mr.
Ashmead and the Attorney General.
ARRsIGSMESr AND SENTENCE OF CANosMI.
Cancemi was then put for ward for sentence. He
looked much detected, and shed tears at the conclu
sion of the sentence.
Mr. kazinski acted as interpreter, and interpreted
the Judgment of the Court, sentence by sentence.
When arraigned and asked in the usual form what
he had to say why sentence of death should not be
rac eedu m in IN lazy Mr. II
terpreter, then read a paper from Cancem in
swer to the question, which is as follows
am inrooent OF III oer charged against me- and
a why sentence should be pronounced, as
law the constitution psmeiy by eleven jurors
sro not twelve eeem tbs proper to be told as rca
sen why Jaosmert should be arr ested-
Judge Davies then said:-lt was your right TO be
tried by jury oftweive men, but il appears by the
certificate OF the Circuit Judge before whom your
trial was had, that one of the jurors withdrawn
at your own request and for your own benefit, and
at your request the trial with tue remain
ing jurors. We think, therefore, under these cir.
cumstances. and as the application was made TO the
Court at your request and for your benefit that
II Is our duty TO proceed and pronounce judgment,
which will now be done by the Judge who presided
at your trial
Judge Wright then proceeded to sentence the pri-
soner, which was interpreted by MIR. X izinski. lie
said:-hichael Cancemi, your trial was protracted
one. endeavored that you should have fair trial
and an impartial one, and that every indulgence
consistent with the rules of law and the ends OF pub
lie justice was extended to you. You aided in
your defence by jealous and able counsel:
yet an intelligent and conscientious jury have
found you guilty OF the crime OF murder.
No enlightened and conscientious person can read
the evidence adduced on your trial without being
satisfied that that conviction il just. IL any re
lance is TO be placed ON human evidence your guilt
is manifest. Detected In the commission of a our
glary, you have deliberately killed a public officer
who was hut dischargng his duty in efe ting your
tim Of your malice had in auy way offended you.
To avoid arrest for the lesser crime you committed
greater and q more beinous one. All that remains
now for the Court Is 10 pronounce judgment. You
ought MOTTO indulge la any hope OF executive Gle
mency. You canntt reasonably expect pardon or
Communication ~ punishment; but let me earnestly
eDtrcat you with diligence 10 employ the brief pc
Rod that you have 10 live in making preparation TO
meet that God whom you have 80 grieyously offend
ed. Approach him In humble, penitentia contriton
of heart and for the sake Of his blessed Son. he will
forgive and pardon, though man may condemn.
The sentence OF the Court is that on Thursday.
the second day Of Sepember, between the hours of
ten o'clock in the forenoon and three O'Clock in the
Afternoon Of that day. within the walls Of the
city prison, or In the yard enclosure adjoining
such prison, you he hung by the neck until you
doa0. And may God have mercy on your soul.
The prisoner was here moved 20 tears, and spoke
20 the interpreter.
Mr.. kazinski. addressing the Court. said that
Canctmi wished 10 say something but he felt uge.
dual 10 the task Of speaking. He had il. however,
In writing. II was ss follows
POGO NJ "a dire msutre no rip ss,O sula rs c,uscen
"a ab0ice mcsa giorn belle pfesi5o. RspstADi1 Ia
ccf araz a. rCp5o della mis- i1gsnuao
Di fop0; pOteo credero che gOyernO rep1o
] cAbo hyaftero ueaiO 10 yenoete ncdsnte yrOtezzene
ctn per come 81 ne'e gOv8rne do n0oarcai W
mo-iro ssoero Ia mia vita ale naae Al qussa Oore
vosro guidce che mi aveie gp 5cstO medEnse le iass
ttsnrut feDterste nei sostro uitime sOs
che mi avtt cuodabdstc npocepte
Dove 1000 le MO poos, cue 10 mu)ro 0nocente
Tiu possO riFecere mia Fam ma Ia secoIds sae fuSg
CALI nan ~ IN urSnuo e. hoveuu;o al aobrscssrs al
una raGfe "a taia "a uia reviDa msn.re ranefcs
ca nc sara pin Ma5re eel iDfsioo pcFche msdiaais
rfotfz orc oeparo acc 21ono queste tccsi
R1Rrazio eli mici svocse nrestp soois'suo de Ia asss
ttDzs che anno ussto pcfme. ri ipxsoa,s
pefcoe lu credevauo csc qu 70 Amercs sesseguse IA
os ufeci c eR AFRO trossto IA prepolenza ustza
core n dai IfaOni.
10 muors coiore nj milo da dover lascigre
per sempre ALA una iortuuEta moge qui ALA staoiA
sotz, mCzzi "a potter tiscre N poter ds inoemce.
The interpreter thus translated the Italian