The New York herald., 1875-10-30
The Third Pedler Murderer Con-
demned To Be Hanged.
Important Decisions by the Supreme
Court, General Term.
Stay Of Proceedings Asked for Clark, the Con-
vcted Rochester Murderer.
Argument in the Ocean Bank Rob-
berry Case.

The Court OF oyer and Terminer, Judge Barrett on
the bench occupied yesterday with the tridl OF
Charles Weston the coored alleged TO be the con-
federate OF the two colored men, Ellis and Thompson
In tho murder Of Abraham Wesburg, the pedler at
Lydg's Woods West Farms, on the 18th OF last
month"; who, Thursday, tried and convicted OF
the crime and sentenced TO be hanged Mcssrs WILL
lam i. Knitting and John O. Mott, who had been as
signed to defend the three, acted as his counsel
while the prosecution was conducted by Dis
trct Attorney Phelps and his assistant, Mr.
Lyon. Only short time was required in
getting jury, and then pretty much the wit
nesses were examined the previous day, and, Of
course, each giving the same testimony. The sad
details OF the terrible tragedy lost somewhat their force
through repetition but II is very certain that more hor
rible details OF more horrible murder have
been rarely given in court room. The strong
est evidence against tho prisoner that Of Captain
Hedden who stated that after being arrested he con
fessed 10 the pocketbook found in his possession hay
ing taken from the murdered that he divided
the money himself between the threc and as to the
papers of the deceased that he them up as they
were no good to them Meantime all throughout Wes-
ton impassively cool his confederates in
crime. As the case however, presented features
summed up on both sides, Mr. Mott making
effective argument for the accused possible
under the circumstances, and Mr. Phelps showing in
the cleares terms the guilt OF the prisoner The charge
OF Judge Barrett was brief but pointed and conclusive
as 10 the prisoners guilt The jury was absent but
few minutes and then returned with verdict OF guilty
of murder in the first degree.
most impressive sentence was that passed by
Judge Barrett He told the prisoner that he planned
the terrible murder that he melted his confederates
the commission OF the atrocious deed, and that alto
gether, he was the most guilty Of the three. II he
had been associated with them in the murder he
thought 1t proper that he should suffer with them he
penalty. After cautoning him to abandon all hope of
any interference the part OF the courts he
fenced him TO be hanged on the 18th of December
next.
With the coolest imaginable indifference the prisoner
listened TO the sentence and to the subsequent reading
OF the Shcri's commitment
Mr.. Knitting eloquontly urged stay of judgment
the grounds of his challenge the array of jurors and
the alleged want OF the jurisdiction OF the Court but
there was no help for the condemned man. Judge
Barrett was inexorabe and passed the dreadful
tence consignng the prisoner to the gallows.
Judge Barrett thanked the jury and it was relief
every one present-and the court room remained
crowded TO the ast-when all over As for the
doomed wretch he jumped up briskly at touch OF the
deputy sheriff and walked out of the court with
as far any expression of his countcnance gave
ken of his inner feelings, the immobilty OF granite