The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-04

naae yacts and not warranted by them else concu
sion OF law from facts which never nave epI a., ~ ~
Attorney General Reed followed IA sdppoi, u s ~
tece as PASSED hy tie Court for the execution OF vac
murderer on the 18th Of April, ai'1r whloh VT fne
NJ Isngth in favor of grntng wit o. error 70 the petit
s,onar He said that il the prisoner Was 10 suner tne
pcnr,it,sl il would be the lrst instance OF the
Kind he had ever heard or ana Ne opec " "oua DC inc
last
The decision OF the Court was for the time reserved
and was delivered to-day by Chief Justice Bgeow. 1t
being that the decision would be read at this time
HE court ccnselv packed with members OF the
bar and private citizens In the beginning Of his address
Justice Bgelow said bat the petitioner convicted
upon his own confession open The grounds OF
error had been presented to the Court with great uness
been carefully considered, with duo of The great
responsibility Some Of the points relied on as afford
sing sufficient giounds for the reversal OF the Judgment
AGAINST the petitioner had been heretofore called to the
attention Of the Justices Their former opinion given TO
abe Governor and Council made without the aid Of
eounse learned in the law, and although IL has always
1Deen supposed that such opinions We're subject to re:
consideration revision yet they naturally supposed
ahat the subject had been udcialy examined They had
guarded themselves against any Influences that might
Cow from their previous considerations The points
raised by the plaintiffs counsel were then cons dered
The first point raised was that tho record does
not set In distinct terms that the defendant is
considered to be cony ced of the crime for which SEN
snnrsss n he s degree Tse ceroe in their
opinion, was proper one Tho Judgment is included In
sho sentence that is, the sentence being tho final act
constitutes the Judgment that the party guilty OF the
crime charged The second error alleged was that the
Court had no power to enter judgment and award SEN
ence Of death upon The pa Of The prisoner without the
tntervention Of jury. This point was argued at some
tensh TO show that well settled principles of nterpreta
Sion lead TO the conviction that the statute upon which
&ha claim OF based did not intend TO require
Gha tho degree of murder should be found by the jury
where the prisoner stood convicted upon his plea and
confession Numerous cases were ol'ed in common law
Showing that prison be convicted and sentenced
on their own pleas ThId--lt Is claimed that ahouah
III intervention OF Che jury may not be necessary, and
shat sentence may be awarded upon the Plea framed
TO cot out the facts esary constitute murder in
Ghe rt degree yet TIE plea Of the defendant in the pre-
sent case IS not such admission OF grit viii support
the sentence. That does not appear that the prisoner
pleaded guilty OF murder in The first degree An 1ndct
>nont of murder IN common form does charge murder
in the st degree JA,s hold by the late Chief JUS
lice who said Of 81 indictment, The que stiou is
Whether this ndctm charges crime punishable with
death. II clearly does The provisions cannot be Ted
Out in In any other form IL seemed 80 the Justices that
fhe claim Of the titoner is lily answered by tue rule
that an indictment In form does duly charge
Tho crime Of murdel in tie trt degree Confession may
I've deemed the hiaao,t conviction. u seemed 10 tho
Court therefore that The dsc,oses error but
Shat the record and were full and valid. In
ths conclusion all tho justices c1ncued and the result
was that the prayer OF ne titioner must be denied
There Is doubt q the murderer Green will DO
hung one week from next riday.