The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-07-14

SUPREME CoURT-GENERAL TERM.
Before Hon. Judges Davies, Wright Ingraham
and Sutherland.
July l2.-The Peopleps. Michael Cdnce~ Judge
Davies announced that the Circuit Judge had sent
in the posteo in an amended form, stating that
Michael Cancemi was present during the whole of
the trial and at the rendition of the verdict
Judge Wright certified to the Court that by the
stipulation, consent and request of the prisoners
counsel, Juror named Frederick Muller was with
drawn, and the trial proceeded before eleven jul
rors.
Mr. Ashmead put in written exception to the
reception of the postea made up by the Circuit
Judge
Cancemi was then put forward for sentence. He
looked much detected, and shed tears at the concu
sion of the sentence
Mr.. Kazinski acted interpreter, and inter
preted the Judgment Of the Court sentence by SEN
tence.
When arraigned and asked in the usual form
what he had to say why sentence of death should
not be passed upon him according to law Mr..
Kazinski, interpreter, then read paper from
Cancemi IN answer to the question, which is as
follows
| am innocent of the offence charged against me,
and why sentence should not be pro-
nounced, assign that | was tried by tribunal I'M
known to the common law and the constitution
| namely, by eleven jurors, and not twelve. | deem
this proper to be told as a reason why Judgment
should be arrested.
Judge Davies then said: 1t was your right to be
tried by jury OF twelve men, but appears by the
trial was had, that of the jurors was withdrawn
at your own request and for your own benefit, and
at your request the trial proceeded with the re-
naming jurors. We think. therefore, under these
circumstances, and the application made to
the Court at your request and for your own benefit
that 1t Is our duty to proceed and pronounce judg
ment, 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 Mr.. Kazinski. He
said Michael Cancem 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 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 your trial without being
satisfied that that conviction is Just. If any re-
lance is to be placed on human evidence your guilt
is manifest. Detected in the commission of bur-
glary. you have deliberately killed public officer
who was but discharging his duty in efecting your
arrest. You have not the poor excuse that the vic
tim of your malice had in any way offended you.
To avoid arrest for the lesser crime you committed
greater and more heinous one. All that remains
now for the Court is to pronounce judgment. GU
ought not to indulge in any hope Of executive
clemency. on cannot reasonably expect pardon
or Communication of punishment: but let me earnest
ly entrcat you with diligence to employ the brief
period that you have to live in making preparation
| to meet that God whom you have grievOusly of
Tended. Approach him in humble, penitential con-
triton of heart, and for the sake of his blessed Son.
| he will forgive and pardon, though man may con
| denim.
| The sentence of the Court is that on Thursday,
the second day of September, 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 or enclosure adjoining such
prison, you be hung by the neck until you dead
And may God have mercy on your soul.
The hterpreter-He wishes to say something
which he had hut he hos d.
for it.
The Comt-You can interpret.
The interpreter then read paper drawn up by
the prisoner which he translated follows
Little have to say-during the eleven months
and some lays which rested in prison, relied on
my conscience, expecting soon to be able to con-
vince the people of my innocence but cruelty have
been deceived | could not believe that in Re-
publican Government they would use vengeance in
stead of protection and money, the tools generally
used in monarchcal government | die, and
leave my life in the hands of this Court, and YOU
Judges, who have tried me on false testimony, you
will feel in your heart my last voice, which will tell
you that you have condemned an innocent man.
What crimes have | committed? | die innocent
", and can never see again my second family. |
fled from the hands Of tyrant and to en-
brace mother, and this mother is my ruin. Oh
America You will no longer be the mother Of the
unfortunate since protection and money produce
such scenes. thank my lawyers for their assist
ance. | am satisfied with all they have done for
me- They have been deceived; they believed to find
here III America laws instead of arbitrary powers
and injustice. is usual with tyrants. | die
mourning in my heart to be obliged to leave behind
me for ever my unfortunate wife in a strange land
without means to support herself, and surrounded
by foes.
The prisoner was then removed, in custody of the
sheriff. to another part of the Court, and his counsel
proceeded to argue the motion for a trial.