Year: 1862

DECREE.


JAN. 4.-The argument in arrest Of judgment in the
case Of Charles NJ Jeerds and Dr. Lowenberg (boh Of
whom had been convicted Of murder in the first de-
gree) which set down for this morning, took place
before the Recorder When the prisoners were brought
up for sentence few days snco was stipulated BY
counsel for Lowenbsrg that the decision Of the Court
relative 10 Jeerds would be agreed TO by him, the
same question was involved in both cases.


In consequence of the ndispostion Of MIR. James T.
Brady, counsel for JeHerds, tho matter postponed
till Saturday, but Mr.. Henry Clinton, counsel for DR..
Lowenberg having had more time to prepare the argu
ment than Mr.. Brady, Mr. Clinton selected TO
address the Court motion in arrest Of judgment.
His main proposition in arguing against tho con-
stitutionaty Of the present law Of murder in the


first degree that penal statutes should be constructed
strictly and that the present law ambiguous that
this Court had power to impose any sentence what
He contended that there law in force at the
time the indictment found against which the offence
could be laid and hence there could be legal convic
tion. There was omission in the statute to provide
penalty for murder in the first Degree and therefore
it though there was such offence alluded to
upon the statute book for crime without punishment
in point Of law crmo at all


Mr.. Waterbury replied briefly citing the Hartung case,
passed by the Court Of Appeals Judge DEMO having
clearly stated that the intention Of the Legislature
to retain the death penalty.


Mr.. Brady, in brief but able Speech reiterated the
views which his associate took in reference TO
the present law relative to murder, and in tho
course Of his observations said that the intention
TO do an act and the performance Of it
very different. Whatever might have been the in
ention Of the Legislature framing the law Of murder
in the first degree the omission to state explicitly what
tho punishment shall be was fatal


The Recorder said ahOrph il W a disgrace to
the Legislature Of this State that the question Of murder
the first degree should be left open discussion, his
duty III the matter perfectly clear. In the face of
the decision Of Judge DEMO in the Of Mrs. Hartung,
he could not announce the opinion Of this Court that
there punishment for murder in the first degree
his duty pronounce sentence upon the prisoners
after which their counsel could procure writ Of


Charles NJ. Jenerds then arragnod and asked why
should not be pronounced against him. 10 which
he made the subjoned repy-"My counsel have argued
the case so ably that do feel disposed to say any
thing about it and what could say would probably havo
effect the community at large only repeat that
am innocent of the offence for which have been
vctcd. have been convicted by perjury and do net
feel disposed to go into the any furthcr.'


SENTENCE OF JEFFERDs.


The Recorder then passed the following sentence:-


Charles n. Jeferds-rhe murders Of John Walton and
John W. Mathews tho night of the 50h Of June 1860,
sent thrill OF horror through this whole community
The former fell by the hand OF the assassin lying wait
to execute his deadly purpose tho latter getting all
danger to himself and thinking only of his duty cit
gave chase to the murderer who, escape arrest
turned upon his pursuer and with unerrng aim fred tho
shot which caused his instant death. All this occurred
the open thoroughfares of the crowded city, in the
bright moonlight Of calm and beautiful summer night
with the lights yet cleaning from the windows Of the
surrounding houses and under circumstances which il
would seem, would have rendered the immediate
detection OF the murderer almost certain. From
that time, however, until this last Christmas
eve the question as to who was the actor in this terrible
tragedy has been undecided and tLen it answered
OF the murder Of John W. Mathews That verdict has
believe the approval Of almost every who heard
carcfuy READ the evidence upon which was founded
You first tried for the murder OF John Walton The
evidence on that trial, in July last, pointed strongly
towards you as the guilty man, but was not suf-
fcient to warrant your conviction, and you
acquitted. Once again set at liberty, you gave way
to the habits of idleness and dissipation which had
marked your previous course; and in your folly
quent thereon you made revelations TO the detectivo
who put upon your track which sealed your
ever. Aside from the direct admission you made 10
hm when alone and in tho presence OF others you said
enough to enable tho officers Of justice TO ascertain
where you purchased the pistol with which 1t was be-
leved tho murderous deed had been done. Tho facts
which known before IN connection with those thus
discovered, secured your conviction when you


John W. Mathews The details OF th; trial shall
ptulae II is not necessary TO do and gladly refrain
They present picture Of immortality and crime too pain
fu 10 contemplate. Your mother whom you had charged
with being the nstgator Of your crime upon the
witnesses stand and while tesyihg your behalf,
compelled did lay bare the secret history Of her


life IL failed 10 be Of any service TO you Your coun
sell with ZEAL fidelity and ability which could not be
surpassed exhausted all honorable means to insure your
acquitta but in vain. No human efforts could overcome
the terrible array OF facts and circumstances which
were brought to bear against you And you, yet
murderer and have been able observe have
yet exhibited sorrow for your crimes. Your
tenee, which will be Imprisonment and death,
will, hope, cause you TO realize your awful situation
You cannot escape punishment, and in your feon CELL


in the long, weary nights yet To come you will, you
have not already done SO, think with horror upon
the crmo you have committed, and realize with bitter
the fearful judgment you have brought upon
orriveness OF Him who is ready and willing TO forave


the sincere prayer OF the Judge who presided your


trial. and who now in tho discharge OF his solemn duty
sentence upon you according TO law Tho


encc Of the Court is that you Charles NJ Jeerds for the
murder and felony Of which you have been convicted,
shall Friday tho Goth day OF February lsC3 between
the hours of ten in the morning and two in the afternoon
suffer the punishment OF DEATH and that you shall DO
hard labor in the State Prison until such punish
ment Of death shall be Inflicted.


Jenords did not exhibit the slightest feeling when tho
sentence pronounced, but the contrary showed
the same indifference which his countenance manifested
throughout the trial. When he took his seat he locked
around the and smiled, and appeared happy as H
he wero about be released from the hand of us.
tice and law.


SENTENCE OF DR.. LowENBEEG.


Dr. Noses Lowenbcrg. convicted Of tho murder Of sIr
Hoffman, then placed at the bar for sentence Mr..
Clinton said that he had been requested by his client to
say that although the jury had convicted him OF murder
In the rst degree he did contemplate causing the
death Of the unfortunate deceased.


His Honor, sentencing the prisoner addressed him
thus


Moses Lowcnberg, you have been indicted, tried aud
convicted of murder in tho FIRST degree. Able and dill
gent counsel exhausted every effort In your Defence
and witnesses OF high standing and character appeared
in your behalf but tbs plain unmistakoabe facts OF the
case overeame all, and an impartial jury have pro-
noanccd against you their verdict Of guilty. In tho
justice OF the verdict fully concur You are man Of
education and your years are mature You have been
tho Instructor Of youth in the families Of Of
lrst citizens and you have been the associate OF gen
tomen, whom you have taught languages, OF which
YOU are said to be master But education, experience
and associations, all combined, have failed to teach
you TO keep under restraint the violence Of temper
10 which you are this day indebted for the ruin
which overwhelms you. The evidence in your case
shows clearly tho following facts:-You were the
or sla FROM hasau Mt al M, 1Ir