New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-02

U ~
father csp,an sud tbs, sometimes his wife the de-
fen9nts mother accompanied him his foreign voyages.
Tie defendants counsel claimed that II appeared from ms
evidence that he igh have born abroad sad thai u ne
b. not citizen Of the United STATES snd tacrioIe
not nmenabe those ciniDal Laws Of The United S'oi'
which limited 70 iif cizep. Tho Court asiruc TED
log ~ these which the father made f se cap
tain without any nati0n Of removing 70 bot merely touch
AUsriean unopeh thus born ssrod PROVIDED bis Ta
elts ccsu citizens Tie de'eudants cour el except
down the correct rule Of law sppc,be children q Ameh
Tarcus born foreign eountrs without here dscussi
the general principles lw applicable tat subject Il Ia
the rtioa taken in his shat the
cha this point taLe IN connecton Nth the acts ey
dIoe which be apped clearly referred posi-
HE birth Of the defendant board h a'hers American
weasel while the laser was ia elm coun ia the course
Of the voysge We clearly OF opinion that there was no
error in thb part Of The charge.
notice that II the Ee foreign vessel admit
ting be citizenship o. Gordon the Court not the urisdc
the Portuguese dominons and not tide There are
Ills objection First there Is no proof that
Ire Frs was foregn vessel but the proof clear and
that lie American vessel owned by Amer
lean c4eus Second the allegation in the Indictment that
the oeree committed The River Congo, the ot If
africa, wsters within aduirety maritime Jurisdiction Of the
United states and within the jurisdiction Of this Court we
tns fully sustained by tie proof The proof is that tho ne
from it mouth but where il several miles broad and really
hat The oanse OF conaning aud defining the neoss on
board connnors and uninterrupted until her IN
the sn;ic several miles om laBd or colre It as
commtedn the very month Of the river where ,s broad
parse /. lost in the Atlantic ard where the ju,drion Of
r-y rion over Us al ress or ips extends The other e1
cepons a. cunts snd % TIE charge oyered
Upon s these DO clearly n opinion that there Is
no fror In The i5dicrent ard 6s mono ntevened on the
a aDd the udiaton Of the Court is beyond dispute
s-;sce If 5tion /, bc l. ssted f,r BIS ne de'endan 10
enshls bin - carry the 10 the lfrene Count.
Is hardly ssary r add that these views are the
rsu Of consultation and fully coacurred in b. Mr. JUS
z. smith Z. s. Di..richn orey f,r the Government
eSIudFe Desn end r. J. Joiclinsen ior the defendant
mn flaf ~ Il
nent of the law be passed upon the prisoner.
Ex-Judge Dean, in behalf Of the prisoner. said he
was under the impression that the judgment could
not be announced in The absence Of one Of the com
pOneut parts c. the Cont by which he was tried.
lie presented this objection that he might have az
opportunity 10 present the case 20 the Executive.
lie ba heard inco tie trial that eleven Of the JGFy
desired 10 add 20 their verdict q Recommendation of
mercy and an appeal r. the Executive clemency. !
He desired counsel Tor the prisoner to have all
The time possible, III order TO present the case to the
Executive.
Judge Shipman said that in relation to the power
Of the court 20 pass sentence, the count w2s consul
tuied by either judge 10 was not neceiga-y Tor
bOtb Judges 10 slt. So Tar as any time may be |
desired to make application 10 the Executive, the
prisoner would have a distant day assigned Tor the
execution OF bis sentence, and ample time would be
afforded to obtain an expression iron The Jury.
On tie announcement Of the decision Of tue court
IN reference TO tie application Of counsel for post
ponemens If sentence Gordon req nested 20 rice.
lie did So the expression Of Lis comteBance RAPIDLY
changing. The feifposses.ion he Lad previously
manifested bad lett bin. Wien, however he was
asked the usnl question, whether be had anything
to SLY why sentence should no, be pronounced upon
him, he answered, with an attempt 10 smile: /
have nothing 10 say whatever" IS tie judge pro-
eeeded, however, be grow apparently stronger, and
hi. eye frIner. Tow rds ii ciosc be exhibited less
feeling than the spectators in court-much less than
the judge
The SENTENCE.
JgG 20 SLipman then passed sentence Of death upon
tho prisoner, asfoll0ws;
- iio you 81, cd ia the ship e iou Havana, IA iAe
Island ~ Cl.s Bound the c.isi o. AfL GU mae
a ,no.rt n r3yi,oa, q AID md quality spil,e
of food ~ lafsc nlaeor Of prous I'D -H e. i u.gsiy
lie hp o isl bo,-d gs uur-5eT II water easss -
Ie'a gua.ty q Hqas whic1 -.r. Va 20 BE- gi n Il
b 5ris hsei 10 lba a. a.ulaahd q fi so. hus gnea
I'D P'o,iare Yen - 90 Sorso q, q, 60 "a We
qlt rssrprin 81 % pesrs al bu- lu,r aud tuinf
your wstT ctt s4ih iis 17'ei y,p oi.glc' your -,
the lrr point rev lles ~ ilHlth tdi4
De go Il The IN % August Qr tOo On
3osfe o. q "a i..i.9's % ilt e3l.i,, lia., tlea
and in.r-e.. itey let 81 ~ Cgba.
or neriHr q she s,i 81 tie Atlantic onsan ahout -
81 f-cm n. vn1 cIurct BY o.. ieI ltfa
Ttr.ves-sl aiohcio v5a- ssir @ Nero,i s
q fsis yco have be- sccsed brouel. O. til before
Igy o. your olrtiyn@n al iausa rut q eimg ief
yhieh tie law Of your s1uny ID udsr Ga pla- az in
-icl upon yog u p1rA -el n eath iu t1 verdict a. 10
Jury u l. my duty ssy ta.i TIE Court fy ncgrTed lie
esioe.es Of your guilt fu ssd comp exclude
ffoii the minds u our 'dsrs 81 Doubt
ioa ~ be a. ir-lied with te terrible conse
quenoc. your crime erd Il p-oge. TIA. should cal g
yoUr mind the duty Of prsrnug iel that eyer. Vii VII
so9u Terminate yo1f meg fl'enea aua uaLei ya Into the
pTesence Of he suQreae ode.
Let nplore yoa sssk The rpitn,l glince o. the
unler q religion ard lct yous reeaianco be a. hubble
ana thorough your cne was crest DO not scnp; to
Sic1edut % ei1inE i.ety mon ana eh0w elhes VINO
did hlr. ard thusis them aCuerth The dcck, Of
o. ruaocson DO transported 20 dtaBt ds aud BE- CON
gred they and tLe Iosriy 70 siae la NOE cIue taan
5elth.
Think oftbs suferiuE e. ID. uhsppy beings whom YOU
crowded the kre their hsPe, agony and tenor on
who psshod Under ,s asht Of ihsiI Eisess the
sc, Ion ho place o. you esrte 70 MomoyiA Rem nse.
10 not s,tr your,e la h,csais hey beonei 20 on
fsrrut rec nom your.cf your glt therefore es.cned
tnfr increased the ju I'D generous heart
~. humble and the wesA s-,c colpssn and cali 70 plty
and forb-.rnco A. ou STE IN - sss a. 70 tie psue 81
Ia, o. black vel the white nam who &
resPeesr Of p-on, 90 no. naps 'r moment he thought
chdfen Do not imaae tina because ohsrs shared IL the
sui OF It's euc pr year ihsEeb aiainsbed Bat
member the wl1 ail8o1iion o your Bibi, Though hand
join in hand ne wicked shAl ntt go rnppui1bed"
1gu your ugi ard VINO clone pardon, and
who is deaf 10 The sPioaons Of those who sock His
| mercy.
sfros YOU cme. which s. thet .ou bo ukea book 10 the
City Prison whetoe you were eloniis hnd remain there
until tday a llh day Of February and then and there
the flare between thu hous 81 y O'Clock at
and o'clock Il the aIoen that day be hanged by the
ok un you dead and miy the Lord have ieey upon
your sou.
As the Judge concluded the delivery Of the son-
tence, the stoical expression which Gordon's coun
tensnce had assumed was for moment relaxed but
when the orIer was given 10 remand hin, he stepped
quickly fora ard, and proceeded with much frmness
with the officer TO the Toinbs.
When Gordon was rec0nmt:ed 70 TIE Touibs, he
was net by his wife. IN affecting interview took
place, snd hrs. Gordon Wa overwhelmed with grief
The following s tie death warrant, directed TO the
United States Marstal:
T4s Presderf ef he Caed States f Sseea 10 ne ha,hai
Q ne UEi!od Siaiet J0r he southern DsTsi Of Hen-
York.
ML.rc. q, he Cct Count u The limited sta,es for the