Year: 1879

cut Court, at Hagerstown, Nd, for the
burning Of the barn of Mr.. James Beck,
near Harpers Ferry, and found guilty.
We copy the following from the Ha-
gerstcwn Herald:-


On Friday morning, at the opening
of Court the two Peachers, Sylvester
and Al3ert, took their seats in the Dock,
their Honors Judges Motter and Pearre
being on the Bench. Just as the Clerk
had finished calling the roll cf jurors,
Judge Motter in a feeling manner called
up the prisoners to know if they had
anything to say why he should not pro-
cecd 70 pronounce the sentence Of the
law upon them. Sylvester, the older
brother, promptly arose, and with tears
trickling down his cheeks protested his
innocence Albert the younger brother
who is scarcely more than IS, made a
similar protest and begged the clemen-
cy of the Court. The scene was very
impressive, as the Judge gravely senten-
ced Sylvester to u, and Albert to
years in the State Prison. We hereto
append the Judges remarks in FULL


Sylvester Peacher and Albert Peach
or, after an able and eloquent defense of
you upon your trial, by TWO leading and
experienced members of this bar, before
an intelligent and impartial jury, by the
bengnity OF the law, of your own selec-
ton, you have been found guilty OF
barn burning.


Have you or either Of you anything
TO say, why the Court should not now
proceed to pronounce the sentence OF
the law upon you tor your most grave
and serious otiense.


"The jury which tried you, after a
most patient hearing of the evidence in
the case, the Counsel for the State, and
your own-jadging from the very short
while occupied by them in arriving at a
verdict of guilty against you, must have
been entirely satisfied that the evidence
of your guilt was clear, plain and con
elusive, and in that conclusion, the
Court, without hesitation, fully concur
with the jury.


The crime Of which you have been
convicted is classed amongst the most
heinous offences known TO the law. SO
great is It's enormity, in the estimation
Of the Law-making Power of this State,
that it has provided for its punishment,
in the discretion of the Court, the eX-
treme penalty Of death.


"When we look at the evidence in
the case, pointing, as we believe,Gn
ingly to your guilt; and take into con
sideration the time which You selected
for the execution of your wicked and
fell purpose an unusually dark, dreary
and rainy night, near the hour of twelve
o'clock, when the untusrccting victim
Of your devilish designs, aud his family,
thinking themselves secure, in the dark
and dismal condition of the night, from
the torch Of incendiaries, who had in
tested their community, in which yOu
Hvtd, for six months previous to the
burning for which you have been con-
victed, and by their frequent burnings
produced a general state of alarm and
terror in the neighborhood, had remit
ted the watch aud guard over their
property, which they had kept up, con-
tinuously, night after night for those six
months; the person whose property you
destroy ed, an aged man, and, 10y mar
riage, your uncle; the motive which, it
seems, alone, melted and nerved you to
the commission of your terrible offence
"a hell-born spirit Of revenge, for mere
fancied wrongs at his hands-for, from
all we can learn, your uncle had been
kind TO your family, aud had made him
8 If responsible as security, in admins
tration Of your fathers estate; and find
ing that he was likely 10 lose by reason
OF his suretiShip, had taken steps TO res
cue himself from such loss-as he had
a clear right 10 do, and as it was his
duty TO himself and to his family to do.
But we will forbear further reference to
this suretship from consideration TO
your feelings. You know it all, and
must now, in your cooler moments, re-
grei that you were moved to feelings of
revenge against your aged uncle for
such groundless reason.


"And in summing up the great ag
gravation of your offense, every feeling
and consideration of humanity requires,
that we should not omit reference to
your ruthless and remorseless cruelty,
in burning up five dumb brutes, which
you knew were chained in their stalls
in the barn which you fired.


Looking to all the evidence in the
case, and the above mentioned facts, the
Court have had great difficulty in avoid
ing the conclusion, at least as far as you,
Sylvester Peacher, are ned,-that
your offense was of that grade, which
was in the contemplation of the Legis-
lature, when they prescribed the death
penalty, in the discretion of the Court,
as the punishment for your crime.


"But with the feeling and the desire,
TO temper Judgment with mercy toward
you, Sylvester, as far as we have con-
sidered it prudent and safe TO do, the
Court have concluded TO step Orer their
difficulty. and save you from the ex-
treme penalty of the law, aud sentence
you to the penitentiary for the full term
of imprisonment prescribed by the
Code. Your Imprisonment will lie a
long one, and however our feelings Of
pity and commiseration, might prompt
otherwise, looking TO the protection Of
the peace and order of society, and TO
the ouietnde and feelino of safety of our