New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-01
law INTELLIGENCE.
THE STEPHENS CASE.
SENTENCE or THE PRISONER.
COURT OF oYER AND TyRsIsEA-h.Ics 81 Before


bot o1 before that hour every seat 10 the court
was filed and tie tssntyfvs policemen detailed spe-
oia for tie ooc.On were busy in preserving order IN
the crowd tbrougrg the doorways aud halt Theis
was also en- immense CROWD at the rombs, and Centre
street. was hreo from the Ton bs 10 he courtroom by
perfcns anxious to obtain passing ghmpse OF TIC
pseOLer.
The prisoner wss brought in by Sheriff Kelly at II
o'cock. aud conducted to bis seat. His sister, Mrs.
HauIs, teated by bic eide. Stephens face
dowLcsst expression, but he nodded and smiled to
bis 8CquaiLtances 10 court. Some twenty or thirty
ls0ss hao seats a,.iabed them within The bar.
Tie court vac opened a. L. O'Clock. lodges Davies
Clelke and ltgraham occupied the BEECH with Judge
RoOsev.t.
The Distrct-Attorney suggested that the several
motions to be made by tie defenss shoul1 be made
separately and that the motion which related to the
charge Of tampering vita the jury be first heard.
Judge Roosevelt sad To wOGld near that first.
Mr. Assume al proceeded 10 read his reasons for ar
re.t Of indgne ut ard for trial. The for
arrest Of iud sment that the Jury allowed to
separate OuIng the iIa and were nct kept together
AZ required by law. The sous for new trial
I,-: the Judge who tried the cause erred In permit
s.eosd int Robert OGDEN Doremu. Of The witns,pe.
for prosecuio Ia. conversations With Jurors duTrg the
s1s.nt II o.e, s Wy s,sos 10 ia ne. n.t cue Of h.
Juor, tha uI.ei fer d.feose ps3 msPeSeoted t,e
trpoIy IL T,ferei &c ~ the susly'is made ~ hin
Thd Tr, Ab'.m guup smother % tie Juror stated to
DIR Doenu' that pnyic.n tad too ha toa: III, oos
sac Jwo bad convened nth her parties O. the subject
The Court here Interrupted the counsel, renarkiog
that be assuming facts which were not IN evidence
before Court. The proper couIse woad be to reai
the JfiiGavIts first.
Mr. Ashnesd excepted and then read an affidavit Of
EdsaTd Murray 10 the effect that ne in attendance
curing the uisl that laat Friday morning. while
the mil z no IN progress, be heard DR.. DoIe-
state to Mr. Marsh, ole OF the jurors, that hr.
Gushing had incorporated his testimony az to the
snaly sis; also had heard Mr. Guwp, another juror,
soy TO DR.. Doremus that physician mad told him the
snayrs was the most plst- he mad ever seen.
He ALEC read an aft iavit Of the prisorer, James
Stephens TO the effect that Richard Stephens was an
important witness for lie defense by wnom he expect
go to prove that chae Flynn had tol1 James Hanna
that he (Hauos bad bought the arsetc and that the
ex usion Of Richard Stephens, by the fsilure OF the
Judge TO issue the legal process 10 secure his attend
euCe, bad preiudicsd his cause
The DistrctAttcrney then read 40 affidavit OF Prof
Doremus cOnradicting with Indignation the aihdavitoi
Murray aud denying that he had mad any converse Ion
with any Juror that any OF tnem hai SAID TO nun
that the III ysican had tod him his analysis was con-
pete H. also read the ofidsvts OF Abrsm Glnp
ana james N. March, the jurors implicated, denying
the allie cations of Murray from FIRST u last.
He also submitted his own aihdavlt TO the elect
that be had requested the Court to keep the 1y TO-
eethor during the trial. and that they were allowed TO
separate a. the instance of MIR. Asomead himself who
at 30 time objected to such separ atioo.
Mr.. Ashu, I'D rAi0 betDever made aidavlts In case
where he was counsel but his colleague would state
the facts a. they were, and which, he understood,
would be found TO differ from the affidavit Vt the DIS
tIict-Attorney. .
Judge Rockwell sa d he could receive statement
except by affidavit, and he WouC near D onc counse
side. - -
MT Ashmesd then addressed the Court The aft
davit Of ID. Doremns, he argued, was negative ana
vasive i'll lts character and ought not 10 De received
by the Count. lie had not sworn with anything Ike
postveress, but Only to the best OF his rec uscuoa
and belief. Tie sfidavts Of jurors in ouch cases
were considered unreliable, for the reasons nat they
are the parties iDcnlpateo. On the other hand, Mr.
Murray was bigh-mlnded man.
That the Judge erred 10 allowing the prosecution TO
put i'll evidence the anonymous ietter received oy
CarGwe because il written eleven months after
the death OF Mrs Stephens, snd had no reference 10
the murder whatever that he erred in Incorporating
that snony nous letter with bis charge and drawing
certain inference fiom it pre- Judicial to the defendant
that be erred i'll not keeping iu notes OF testlnVhy
rs the statutes pIovoe, that nc eTred 10 oVeifuhhs
on the trial exceptions thirty or ferty IN mum
hen taken by the psoDer that ne erred IN not caarg
mo the Jury d. r. duesed by counsel Tor the prisoner
and IN anay zlng the evidence In partial manners
that he erred IN permitting tne DlsulGt W
state i'll summing up, that II they would cOnV'c. tne
prisoner Of muder, he would indict several Oh lhe
s,tIesses for defence for peIiory and in making some
| remarks upon the same pOiut III his charge.
The REASONS proceed TO Get forth various other en-
rors as for instance refusing an 6ttdcdmeht iOr Tue
witeess Richard Stephens, allowing the coroner
CleIk Mlcnael Thornton, to read from the evidence
taken down by him. Instead OF tesnylpg IRON recOee-
| ton, &c.
lie slso presented the bill of exceptions prepared by
defense which he supposed Woud nave W NC ee''10u
GiterwaId
| Jndre Roosevelt said he had seen good reason
vet for changing the opinions LIE held tn, trial. and
was rot necessary for the District Attorney 10 argue
| the notion when was denied. ,
| Mr. Ashmead then submitted some authorities on
the motion 10 arrest OF judgment, remtTkng that ths
Was Lot toe pace 10 crer into id argument Oh 1ua
| pont Tie rep .Iaton of the jury touched mol mat
Ter of form alone but matter OF substance IL were
commonly praotice0 rich and powerful persons "ouiu
rarely be convicted while the poor and fnenoess Par'
| su.d by DO xeTiu enemies would rarely escape. Inc
| couteLt of prisoner the extremity oil his need, IL
wAs hello ought not bud him. for he might not dare
TO REFUGE accommodation TO the men IN whose hanas
were the issues of bis life ana death.
Mi Cushing desired to move for new triai on the
| merits Of the Gaze.
Juces Roosevelt said the Court could hear but one
Mir. Ashmead then submitted the motion for q new
trial on the ground that the verdict was against ,nc
weight of the evidence; ana the motion was uon.u'
| Tie District Attorney then moved Tor Judgment
NJ Naldefyoort askej the prisoner what ne hau 10
say why Judgment should lot he Pronouncea against
| mm.
S.ephers arose and in fatering tone Of voice, re
| plei-I have very little 10 say; and, presume as
stand before four JUDGES that little Will not alter the
/ matter Bot l have thing to sey, snd that IS,
that will soon be before higher Judge, VINO knows
the secrets Of all hearts, and hope slnt AFRAID 10
| go there.
Judge Roosevelt then amid the most profound ST.
lence passed sentence on the prisoner, as follows;
James Stephens-lou have been Gdlctef for the
crime Of murder the highest crime known 10 the law
You have had laboTous, careful and Impartial tilsL
Your defense in al its aspects, has been listened 10
with unexampled patience aud iorbearance' Inc
greatest pains and expense have been taken ara in
Cured TO develop the truth fasty Of the charge
against you. Even the dead BODY OF the victim,
twelve months after lis iutermert, has been raised
from the grave and mace to speak. LIS iahsusse'