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was a threat to cut her throat, &c. All killing must be proved, but alleging these facts are convincing proofs of that that was also done. He alluded full and perfect deliberation.
very roughly to a pamphlet of Mr. Mr. Haly went largely into the facts Earle, read in the cause ; said it was of the case, and contended that there a very querulous work, by an inexpewas not evidence more than sufficient rienced lawyer, written for the purpose to convict of murder in the second de- of finding fault with people wiser than gree; that there was not a premedita- the author.” He denied that the contion to kill; that the instrument used duct of the deceased was improper in was not likely to murder; that the any respect, and vindicated her cha. blows given were the result of sudden racter. excitement, and not of malice afore- The chief justice, a little after ten thought; that the cases already de- P. M., commenced his charge. The cided in Pennsylvania, rebut the posi- learned judge vindicated the manner tion that death wounds given under in whicn the trial had been conducted, excitement, constitute murder in the as to the alleged precipitation ; he defirst degree; and that all the cases in precated any delay in criminal cases, Pennsylvania concur in favour of the such as we see in civil cases ; nothing prisoner. A pamphlet, written by T. is so salutary as promptness and cerEarle, Esq., bearing directly upon the tainty in criminal jurisprudence; pubcase, was quoted to some extent. lic justice requires that no adjournment
Mr. Hubbell followed his colleague should take place in capital cases; in in an address of about equal length ; great and powerful families, a separa1st, contending that there was no tion would admit of tampering and corintention to kill; and 2d, that there ruptness; the common law in this rewas no premeditation, in the common spect is excellent. As to the public understanding of the term. The pro- excitement, his honour charged the jury minent facts of the case were fully to shut every avenue leading from it canvassed, and applied to the points to their understanding; and on the of law involved. He ended a full in- other side, to divest themselves of that vestigation of the case by a pero- ridiculous humanity which would deration, alluding to the sanguinary prive justice of its due. The comscriptures of the Jewish dispensation, monwealth and prisoners have reciproand the horrors of public executions. cal rights. The man who warps the
Mr. Pettit rose at nine P. M., to facts or the law, to suit a prisoner, conclude on behulf of the common- takes perjury on his soul. There is wealth. After alluding to the unplea- no discretion in the jury to do either, sant duty that all the public branches and God forbid that we should have no of the tribunal were compelled to per other security than that for lives. Juform, he went into a statement of the ries would be as despotic as emperors, facts, alleging that the case presented if they did. It has been truly said that of a cruel, brutal, and unmanly that juries are the judges of the law, murder, of the most wretched descrip- but they have no right thereby to judge tion.
of its propriety. Juries can reject the He alluded to the prominent circum- law as laid down by the court, if it stances of aggravation to prove that does not comport with their judgment; there was premeditated malice in the but respect should always be paid to prisoner, without provocation, or any opinions of men who have no interest reason to actuate him. He went into to misconstrue the law against such the law at length ; admitting that there prisoners as this. To approach the must be an intention to kill, but con- case : It is not seriously denied that tending that such an intention was the prisoner is guilty of murder-but fully proved in this case; and also ad- it is denied that it is of the first demitting that the wilful, premeditated gree. If the destruction of life, caused
by the beating, was intentional, it is and upon being brought into court, and murder of the first degree. The the prisoner placed at the bar, the phrases such as wilful, &c., in the act, jury pronounced the verdict of“ Guilty were used to fix a settled determina of MURDER-IN THE SECOND DEtion to kill.
GREE!" Verdicts of juries had been impro. The next day the court of oyer and perly quoted to contradict the law, yet terminer was crowded to excess, to there was the case of James Mounks, hear the sentence passed on this in Centre county, who shot a inan wretched man. He was conducted down with a rifle, who was merely into court by the peace officers. His passing along the road. He was hung. face betokened much more placidity So was negro Bob, who flourished an than when he last appeared before the axe, saying he would split any man court, with the expected sentence of who was saucy, and he cut down a murder, in the first degree, hanging fellow-creature. As to the evidence
over him. of intention, God only knows the The chief justice addressed him heart. If, however, a man does an nearly as follows: act, which must produce certain con- Michael McGarvey—You have been sequences, and those consequences convicted, by a jury, of murder in the happen, he is supposed to have meant second degree. You have been most to produce them. It is however only wonderfully and mercifully dealt with. prima facie evidence, subject to ex- The evidence was amply sufficient to planation or contradiction. The pri- warrant a conviction, which, had it soner contends that the weapon was been pronounced by the jury, would not deadly, and that, if he intended have deprived you of life. You have death, he would have used a deadly escaped by a miracle. Be grateful instrument. The prisoner is entitled then to that Providence which has so to the benefit of it, for as much as it wonderfully interposed to preserve is worth. Evidences of intention on your wretched existence. If the deepthe part of the prosecution are, con- est remorse does not pursue your future tinued beating for more than an hour; steps, then must you have indeed a beating after her strength and life conscience impervious to all feeling were gone ; dragging her to the win- of shame, and of repentance. dow ; declaration of the prisoner, &c. Your treatment of your unfortunate These proofs of intention are only and murdered wife, was a disgrace to glimmering lights ; the jury will judge man; there was nothing to impeach of them. There are also circum- the propriety of her conduct. She stances that indicate an intention not was mild and confiding; you have acted to kill; the prisoner told the deceased towards her like a devil in human in the midst of the beating to go ; he shape. said that he would not release her hair The imperious duty of this court until she came to herself, and left off is to award the highest punishment drinking; that he would take her away which the law admits. Had the jury to her father, if McColgan would give dealt with you as you deserved-had him a pin to do up her hair; his they given that verdict which would having chosen a time and place where have entailed death, death you should immediate detection would be inevi. have suffered! The sentence of the table. These are the circumstances, court is, that you, Michael McGarvey, picked out from the case, as well "s be confined in the penitentiary for the possible. The whole case is left to term of eighteen years, nine of those the jury, as to the law and facts. years in solitary cells, to be kept on
About three o'clock, P. M. 28th, low diet, and the remaining nine years the jury signified to the court, that of hard labour. they had agreed upon their verdict,
ONTARIO GENERAL SESSIONS.
TRIAL FOR THE ABDUCTION OF WILLIAM MORGAN
August, 20th, 1828 Present, Hon. Nathaniel W. Howell, Hon. Chester Loomis, Hon. John Price, and Hon. Samuel Rawson, Judges of County Courts of Ontario county,
The indictment against Eli Bruce, Orsamus Turner, and Jared Darrow, for a conspiracy to kidnap and carry away William Morgan, from the county of Ontario, to parts unknown, was brought on for trial.
Counsel for the people, Daniel Moseley, Esq. special commissioner, Bowen Whiting, Esq. District attorney of Ontario county, and Charles Butler, Esq.
Counsel for the defendants, Hon. Dudley Marvin, and Mark H. Sibley, Esq. of Canandaigua, William H. Adams, Esq. of Lyons, and Vincent Matthews, Esq. and Ebenezer Griffiin, Esq. of Rochester.
The following persons were sworn as Jurors : Hiram Anson, Nathan Cary, Jasper W. Peet, Levi Smith, Amasa Spencer, John Stults, Evert Green, Abraham Dodge, Henry Lincoln, Daniel Short, John Pennel, jr. and Samuel Reed.
Mr. Whiting having opened the county, or to Nicholas G. Chesebro, case to the jury, on behalf of the peo. one of the coroners thereof, by virtue ple, the following testimony was in. of which he was apprehended, brought troduced.
before witness, on Monday evening, Israel R. Hall, sworn.-The wit- and by him discharged for want of ness was jailer of Ontario county in sufficient proof to charge him. Chese1826. He knew William Morgan, bro then requested of witness a warwho was committed to the jail of rant against Morgan, on a demand said county, on the 10th of September, which he held against him as assignee in that year, and discharged on the of Aaron Ackley. A warrant was ac12th of the same month, as this wit. cordingly issued, Morgan arrested, ness has been informed. Witness judgment entered up against him by was absent from the jail at the time his consent, execution thereon taken of Morgan's commitment and dis- out and given to Holloway Hayward, charge.
then being a constable of CanandaiJeffrey Chipman, sworn.- -Witness
gua. was a justice of the peace in Canan- Holloway Hayward, sworn.--The daigua, in September, 1826. On the witness was a constable of the town morning of the 10th of that month, it of Canandaigua to 1826. He rebeing Sunday, Nicholas G. Chesebro ceived the warrant issued against came to the witness' house, and re- Morgan on the charge of larceny: quested him to go to his office. He went to Batavia with five others, of
Chesebro eame in soon, and whom Chesebro was one, arrested shortly after him, Ebenezer C. Morgan at that place, brought him Kingsley, who made a complaint before Mr. Chipman on Monday, was against William Morgan, for larceny: present during a part of his examinaChesebro stated Morgan had come tion, received the execution against from Batavia, and was, at that time, Morgan, arrested him by virtue of it, about six miles west of Canandaigua. and committed him to the jail of OnWitness issued a warrant against tario county, between 3 and 9 o'clock Morgan, directed to the sheriff or in the evening, of the 11th of Septemeither of the constables of Ontario ber.
Mary W. Hall, sworn.-She is the As he came out of Mr. Atwater's wife of the jailer; she was not at gate one evening, he met Chesebro and home when Morgan was committed; Sawyer, going west; saw Sawyer pick she came home on Tuesday, the 12th up a stick; they turned about and went of September, and found him in jail; to the west corner of the jail, and Mr. Hall went out about dark on the were whispering together. Witness evening of that day; a person came went to Mr. Hall's well, which is to the jail and inquired for Mr. Hall; in the street, a little west of the jail, she told him he had gone from home; for water, and as he was turning the the person then wished to go into water into his pail, he heard the cry Morgan's room, which she refused; of murder: he saw three men coming he then asked permision to have pri- down the jail steps with their arms vate conversation with Morgan, which locked. Heard the cry of murder was also refused; he then insisted on once while they were coming down paying the debt for which Morgan was the steps, and twice after they had imprisoned, and taking him away; this left them. Mrs. Hall was standing too was refused. The person then in the door; some one, he believes went in search of Mr. Hall, and soon Chesebro, stopped the mouth of the returned without finding him, and man who cried murder: when they again urged witness to permit him to had gone a little distance from the pay the debt and take Morgan away, steps, the middle man of the three to which she would not consent; he appeared to hang back; his hat fell off, then asked her whether she would dis- and a Mr. Osborn took it up and gave charge him, if Col. Sawyer would say it to Sawyer; asked Sawyer what it was right; witness did not say she the rumpus was, who replied that a would or would not.
man had been arrested for debt and went away and soon came back, with was unwilling to go. Saw Sawyer Col. Sawyer. Chesebro advised to let rap on the well curb; Hubbard's carMorgan go. Lawson paid the amount riage soon drove by rapidly to the for which Morgan was imprisoned, east, with Hubbard driving; the horses which was a little more than three were gray, and the curtains down. dollars; stranger went to the door The carriage went a little beyond the and whistled, witness unlocked the pound east of the jail and turned door of Morgan's room, and Lawson about. A man was put in by four went in and led Morgan into the hall others,who then got in, and the carriage of the jail, by the arm; after they drove west, and went round the corwent out the door, and before it was ner of the tavern, then kept by Mr. shut, she heard the cry of murder ; she Kingsley; witness followed the men went to the door and saw three men as they went east; was near the taking. Morgan east; he was strug- pound when they got into the carriage. gling, his hat fell off, and one of them It turned round before they got jn. took it up: she saw no other persons As the carriage was returning west, about the jail. An unknown person some one in it cried out, “Hubbard , rapped on the well curb, and a car why don't you drive faster; damn you, riage soon passed by the jail from the why don't you drive faster.” Hubwest. It went east and shortly re- bard then cracked his whip. Have turned, driven with great rapidity. seen Morgan, but did not know This took place about 9 o'clock in whether he was the man taken from the evening of the 12th of September. the jail; did not know those who came She has not seen Morgan since. down the steps. The moon shone
Wyllis Turner, sworn.-In Sepem- bright. ber, 1826, witness lived with Mr Free- Hiram Hubbard, sworn.-In Sept. man Atwater, in the street on which 1826, the witness kept a livery stable the jail is situated, a little west of it, in Cananda igua. He was applied to and on the same side of the road. by Mr. Chauncey H. Coe, to take a party to Rochester, on the 12th of knew, and has seen none since to reSeptember, and was paid for it last cognise them. The party desired him suminer or fall, by Mr. Nicholas G. to go on beyond Rochester. He con. Chesebro. His was a yellow two- sented to go. He took the Lewiston horse carriage.
His horses were road; on arriving at Hanford's, which gray. They were at the barn near was then a tavern, one of the party Mr. Kingsley's tavern, west of the jail.
He called for feed for his About the time he was ready, some horses, but got none; he went about person on the sidewalk, then and now 80 or 100 rods beyond the house and unknown to the witness, told him to stopt near a piece of woods : It was go on the Palmyra road when he was not a usual stopping place: the party ready, for the party had gone on. got out before he turned his carriage ; This was the only direction he had as he thinks he must have seen them, but to setting out. He did not hear a he saw no one that he knew, and has rap on the well curb. He started seen no one of them since; he don't about 9 o'clock in the evening. It know why he stopt at that place, but was pleasant and the moon shone. presumes his party told him to do so. No one was in the carriage when he Returning, he stopt at Hanford's, and left the barn. He went beyond the endeavoured to get food for his horses, jail east, 50 or 60 rods, and stopped but could not; he saw two or three opposite the long house. His party, carriages going out of Rochester supposed to be five in number, there when he did, which turned round and opened the carriage and got in. He went back. One was a small carriage; heard no noise. He presumed the its colour he cannot recollect. After people in the road were his party. He he had turned round he met a hack knew none of them then, nor where with two horses, near the house ; they came from, and has not known thinks it was green; did not see it them since. He can't say whether stop, nor hear it hailed ; thinks it was he saw them get into the carriage. not the hack he saw going out of RoHe was not very particular in noticing chester. He heard nothing from his them. After the party had got in, he party about carriages coming from turned round. On his way to Roches- Rochester; knows Mr. Platt, who ter, he first stopt at Brace's, 6 miles kept a livery stable in Rochester, but from Canandaigua, to water. The not his carriages. No one returned people had not gone to bed; some of in his carriage to Rochester, except the company went in; he don't know, two transient persons whom he took but he saw them by candle hight; he in on the road, neither of whom was don't know how many went in. He known to him An unknown man on stopt again at Beach's, in Victor, or horseback, passed his carriage beat the house beyond, people had tween Canandaigua and Rochester. gone to bed. Stopt also at Mendon ; Ezra Platt, sworn.-In September, nobody was up; did not feed his 1826, the witness kept a livery stable horses at either of these places. He at Rochester. He is a mason and a stopt at Stone's, in Pittsford, long member of a chapter. A lodge had pre. enough to water. The bar-keeper viously been established at Lewiston. was up waiting the return of some A chapter was expected to be installed young men belonging to the house. in that place, and the Rochester chapDon't remember whether any of his ter had been authorized to install it. party got out beyond Brace's. He It is usual for the grand chapter to stopt in Rochester, at the large water. issue to suitable persons, a special ing place in Main street, 10 or 12 commission for such a purpose. The minutes; it was just at twilight. Some first officers of a chapter would be of the party got out here, but he don't proper commissioners. After the fact know whether any went from the car- of the Rochester chapter having reriage; he saw no one of them that he ceived a commission to install one at