New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-25
ChECEMI.

,IsI s,ch perseverance ana tao' NJ cA"
Mss.s. BIankmsn 4 Ashmead, the eouo''i ""O w.
..igped by the Court to deiend '"e
nj. ,eri, A. the facts connected WITH 'i'S '''' "'
or, oe Jr,v 1857, Policeman Eugene Ander-
ou ~, a. 90, 81 arresting mau engaged in the
POI" w.. 81 daring burglary was shot dead by
Nm o. he corner Of Centre and u'""' So !" '",'
,,v Ia - than quarter oil "n ''oa, on,
<'!' .~,.J .. bs house in Worth street, he
ps'Ds ~ sd "a be Michael Cancemi, book binder
"' .Iho VA, born a: Palermo in Sicily, and was
W u',' w. from his native land lie was imme-
PVA' ,.ter 10 the Fourteenth Ward Station House,
- vth difficulty protected from the assaults OF an
.sMrn.pt mob comprising the friends and SYM
..,L;,e,, Of the murdered man, The COroners Jury
Ilsrgei Csncemi with the murder and it was With
SEM difficulty tina, he was conveyed to the TOmbs-
40 great was the fury Of the excited people who were
inclined to assert the majesty OF peoples power in
a, appea TO the force Of the "gher law, rather than
await the slow but certain workings of Court Of JUS
,e. On the 9th Of August following, the Grand Jury
fuud an Indictment against Canoemi, and that day
BE- pleaded 81 Not guilty. to the charge of murder.
His position at this time was truly ptful. lie was
moor fiendess and without means TO employ cOunscl
An exile 10 land foreign TO his own; ignorant of our
language and charged with the murder Of an officer OF
The law II was at this time that the Court, in the
exercise Of its powers, appointed, to defend him,
Messrs EdmOn BlankInan and John W. Ashmead.
They Immediately moved the case from the Court Of
General Sessions into the Court Of Oyer and Termner,
md in this branch Of the Supreme Court, on the 2st
day Of September ensuing the case came to trial be-
fore the Hon. j. Roosevelt Never did counsel for any
man engage in desperate cause and cherries
duty They went into Court with but little hope; but
they felt conscious that their client innocent and
with his good character, and what few witnessed cir
cumstances had been thrown in his way they hoped to
make al least, favorable impression in the minds Of
the jury. The evidence for the prosecution seemed
overwhelming The defense was simply this Can
fen admitted that the morning of the murder, he
Yse early left his house. ard walked toward Centre
Market, to purchase some vegetables for his morning
meal was customary with him. When
hs rot near to the corner of Grand and Cen
Aye streets, he saw policeman attempt to arrest
man, who turned and shot the officer dead.
gaucein il will be remembered is Italian, and ig
pofaDt of our laws and customs. He saw the man rul
from the scene of tho murder and he, calling to mind
TIE fact that in Italy the witness to murder is seized
and treated with almost much severity as the prn-
rpsl thought il best to avoid any completely with the
affair, and ran slowly away from the spot he soon
found himself pursued and redoubng hi, pace, reach
ed bis house in Worth street. being closely followed by
policeman named Robert NJ. Webb and young man
named Wilioughby he gave himself up, but not until
he had been treated with great roughness. This
was his defense. And it is very strange, when
taken in connection with this part of The case that
ofthe main witnesses for the people swore that after
the shooting two from the body of the police
folI no fhiuka did fine
shooting, and the other short man, answering the
description of Canccmi-and that they both toward
Elm street, the course pursued by Cancem Upon
subsequent trial, two came forward and swOrc |
that on the morning of the murder, and at the time
Canoem ian down oadway, another man, taller than !
Cancemi ran up Canal street from Broadway and dis
appeared turning up Greene street Upon this trial
ie Jury were ont foryour hours and failed TO agree
upon verdict standing for conviction and five
ior AL acquittal They discharged. The second
tnal commenced before Justice Davies, at Circuit of
lie Supreme Court in this county, on the 10th OF No.
vembcr last and it was at this trial that the jury found
Cmcemi entity. Twas upon this trial that Judge !
Davies charged the jury, as did ChiefJustce Shaw in
Prof Websters case that in cases of high crimes
"and uisdemeanors a mans good character Is OF no
avail to him. To This part of his IIonors charge |
Blanlman excepted. 1t was upon this exception and
FIVE Others taken upon this trial, that the case went to
the Court of Appeals which Court sustained the eS-
ccption 20 the charge of the Judge as to the non
hyailabiity of good character, ard also as to his
lIonors ruling upon the competency of Alexander |
KYLE ajurymai, and reversing the Judgment of the |
Circuit ordered new trial for Cancemi, which third
and last trial was brought before the Hon. William
4. Wright, on the 9TH dsy of last June. jury was
obtained only with great difficulty, upon the ex-
hsusiion of panel of one thousand names returned
expressly for this trial The trial lasted twelve days,
and during the progress of ii, one of the jurSmen
named Frederick Muller, was, for some objection,
withdrawn'irom the ury-box with the written CON
cent of the council and appreciation of the Court On
the 10th of June the remaining eleven OF the jury
found Cancemi guilty At the General Term OF the
Court his counsel moved an arrest of judgment, basns
their motion upon nformates in the record oil the
ease and in the poStca, there being nothing IN the
last to show that he.prlsoner was IN court upon the
rendition Of the verdict. This motion was oyerruled
Ly the presiding Justice Davies whereupon Cancei
WIS sentenced to be hanged the LIST of September
a motion for new trial was denied, ana the
cess hcnwent second time 10 the Court OF Appeals,
where It was argued for Canoemi by Messrs. Blankman
and Ashmead, their main point being: "Can aman
" be lawfully convicted by Lesser number of Jurors
than tweIve'" 1t is here proper to state that tbs
ception was taken by Mr.. Edmon Blankman solely aud
argued BY him only at General Term, where Mr.. Ash
,aead his colleague, repudiated it, and made It e1
pre.sy understood that he declined all connection with
ID. Ills associate however advocated it, and on carry
ing the Appellate Court conferreda benefit upoa his
Glen. in establishing rs fixed principle in law thatno
man can bslawfuy convicted ola crime except be by
the verdict of tlce Of his peers. The Appellate Court