From the Essex Register, Jan. 1, 1812.
TRIAL FOR MURDER.
From the New York Morning Post.
Court of Oyer and Terminer, Thursday, 28th November, 1811 — Present, the Hon. Judge Van Ness, Alderman Fell, and Alderman Buckmaster.
The People vs. George Hart — MURDER.
When the Jury were sworn in, the prisoner challenged three; the reasons were not given. Mr. Macomb, the Clerk of the Court, informed the Jury, that the prisoner stood indicted for the murder of MARY VAN HOUSEN, that upon his arraignment he plead not guilty — that he had now put himself upon his country, which country they were, and that they had to determine from the evidence which would be produced to them, whether the prisoner was innocent or guilty of the felony, with which he stood charged.
Mr. Riker then addressed the Jury, and after defining in a clear and satisfactory manner, the nature of the crime, for the commission of which, the prisoner stood before them, briefly related the prominent features of the testimony that would be brought forward on the part of the prosecution against the prisoner. He stated, that if they found him guilty, the prisoner would have to suffer death, that he was convinced that they would maturely, and with carefulness, weigh well the testimony and if there was a doubt in their minds, they ought to acquit; but if none should appear, he felt assured they would not shrink from their duty, but with firmness would pronounce him guilty.
The first witness produced, was Charles Campbell, in the cellar of whose house the prisoner lived. He stated, that on the 25th June, 1811, about 7 or 8 o’clock in the morning, he heard a cry of murder issue from the cellar, that he went down into it, and found the deceased laying upon her side upon the floor, with her face bruised and bloody — her arm appeared as if it had been severely stamped upon, and very much hurt by his blows — that he asked the prisoner, “what are you doing this for.” The prisoner said “she has stole four shillings from my pocket, and I will serve any d—d w—e so, who robs me of money.” That he then tore all her clothes off, except her stockings, and appeared more like a madman that any thing else; insomuch, that the witness was alarmed for his own personal safety — that he went and procured the competent authority with all possible despatch, and had the prisoner committed to Bridewell. In his cross examination, he repeated that he was afraid to interfere, lest Hart would injure him — that the prisoner was by no means a weak man, and after he was in custody, he declared “he would sit on a chest and fight any man.”
Nancy Campbell — After her husband had gone for the officer, witness heard the sound of from twenty to thirty blows, and the deceased exclaim, “My dear George, do not murder me!” The noise ceasing, witness apprehended that the prisoner had killed his wife, asked Mrs. Clark to go down with her and see if it was the case: Mrs. Clark was afraid to go; but witness went down, and saw Hart strike the deceased, who was naked, with the large end of an oak broom stick; Witness asked him what he was doing? He said “I will kill one half of the d—d w—s in town.” What has she done to you? He replied “she has taken four shillings from my pocket.” He then kicked her twice on the side — witness pushed him back, and he told her not to be alarmed, for he would not hurt her — that the deceased was speechless when witness entered the cellar, and she did not speak while witness remained there. In her cross examination, witness in answer to the questions put up by the counsel for the prisoner, said, that he must have been out of his senses to have acted so — that she saw the blood run from the ear and cheek of the deceased, that she thought her dead, that the prisoner struck her with the largest end of the broom stick, that he had no mark of violence upon him, and that he did not appear to be in the least sorry for what he had done, but was perfectly indifferent at the situation of the deceased. That Mr. Campbell was about half an hour in going for the officers.
Katharine Keech, went with Mrs. Campbell into the cellar, and told the prisoner it was a shame to behave to any one in so cruel a manner — He replied “damn you, you bitch, I’ll serve you the same sauce,” and then kicked the deceased, wounded as she was, twice on the head with great violence — that witness then said “it is a pity some constable would not come and take you away.” That he again replied “he would serve her in the same way if she said any thing, and any d—d w—e that would rob him of his money,” that she saw the blood issue from the eye and ear of the deceased.
During the cross examination, witness said, that the deceased was bloody both at the time when she entered the cellar, and after the kicks. Here Mr. Justice Van Ness asked witness to explain in what manner the prisoner kicked the deceased? She answered that “he kicked her thus, (stamping her foot down) and with all his might — that she lay on her right side — and that she at one time asked for a drink of water.”
William Willis, Coroner, stated that a woman had been murdered, and the corpse lay at the Hospital — that he held an inquest over the body — that the prisoner at his request was bro’t to the Hospital who there acknowledged he was the person who had beaten her, and that he had done it because she had stolen 2s 6d out of his pocket, and shewed whilst looking at the body no visible concern. — Witness further stated that her right arm was broken, and one of her hands horribly disfigured, and that her head and body presented a shocking spectacle.
Cross examination. The counsel for the prisoner asked Mr. Willis if the prisoner did not evince symptoms of insanity — witness answered that he appeared to be very indifferent, but did not discover any thing like insanity or derangement.
Thomas Hazard testified that he had known the prisoner two or three years, but had never supposed him to be deranged.
Dr. Post stated that the deceased was brought to the Hospital about 12 o’clock — that there was a severe cut on the left side of her head — that a considerable quantity of blood had come from her ear — that her arm was broken, and her hand very much bruised which appeared to have been occasioned by a glancing blow — that she made some unintelligible reply to one of the attendants — that she appeared in great distress by the convulsive writhings of her body — and that after he had given directions to have her washed, and ordered the proper remedies to be used, he departed — that in about half an hour after his absence, as he understood, she expired — that he had no doubt her death was occasioned by the wounds she received. The counsel for the prisoner then asked witness, “Have you ever known instances of mental derangement occasioned by a paralysis?” Witness answered that such instances he believed had occurred, but they were very rare.
Henry C. Southwick, was produced on the part of the prisoner, and stated that he had never discovered in him any signs of insanity — that his intellects were none of the brightest, as he was not sharp in making a bargain.
After the district Attorney had read several authorities, and pointed out to the jury, the legal meaning of murder, J.A. Graham, of counsel for the prisoner, arose and addressed the Court and Jury, as follows: —
May it please the Court and you Gentlemen of the Jury,
The crime of wilful and deliberate Murder is a crime at which human nature shudders — a crime which harrows up every fibre of the soul — and is punished almost universally throughout the world with Death. This crime is defined to be ‘The wilful and felonious killing of any person with malice aforethought, either express or implied, so as the party wounded or hurt, die within a year and a day after the fact.’ Malice, therefore, (either express or implied) makes the gist of this indictment. To prove express malice, it ought to appear evident that there was some ill will, and the killing was with a sedate mind, & also a formed design of doing it. Implied malice is, when one kills another suddenly, having nothing to defend himself, as going over a stile or the like, Hale’s P.C. 47. If a person on any provocation beat another so that it might pla[i]nly appear he meant not to kill, but only to chastise him, or if he restrains himself, till the other hath put himself on his guard, and then, in fighting with him, killeth him, he will not be guilty of Murder, but Manslaughter. I. Hawkins P.C. 82. Judge Blackstone in his commentaries on the laws of England, vol. 4. p. 190, says, that the degrees of Guilt which divide the offence into Manslaughter and Murder, consist in this — Manslaughter arises from the sudden heat of the passions; Murder from the wickedness of the Heart. I contend that the prisoner was not guilty of wilful and deliberate Murder. It is true, his conduct was in the extreme, most diabolical, still I do contend that his crime is not Murder, but Manslaughter. The deceased had been guilty of felony; she had stolen four shillings in money from him, she lived with him as a concubine, and he undertook to chastise her for the felony; therefore, he had no premeditated design in killing her. This had been apparent from all the testimony, particularly as respects his after conduct, that he shewed little or no concern at what had taken place. Now, I would ask, is it among the number of possibilities that any person, wilfully guilty of committing so horrible a crime, being in their right mind, without having manifested on the occasion some compunction of conscience, or perturbation of mind? The prisoner went with the Coroner to see the corpse, and Mr. Willis informs us, he shewed no concern whatever. Gentlemen, I shall not go minutely into the testimony, it is apparent that the deceased came to her death by the chastisement given by the prisoner, as is stated by the examination of Surgeon Post, whom we all agree, is one of the first surgeons in America. But I do contend, that the Prisoner is guilty of Manslaughter, not Murder. — There had been no previous quarrel, he had taken this woman to his bosom, she fed at his table, and he had passed her as his wife. I cannot for myself, believe, that there is scarcely any man, in his right mind, capable of being so great a monster, as, in cold blood to commit murder on a person living, as was the deceased, with the prisoner. Gentleen — I know you possess all the reason light & understanding which the importance of your situation demands, in deciding between the prisoner and the public. But I charge you, that while in your inquiries, which you are about to make in discharge of the duty you owe the public, remember that you owe a debt of the greatest magnitude to the prisoner, which I hope and trust you will conscientiously discharge. When I look at the prisoner, I feel a crust of icy coldness gathering round me. The wild and awful scene of Gallows-hill presents itself, with all its horrors to my view. Then, I cast my eye towards the Hon. Attorney General, when the vision in part dissolves: looking farther up to the learned Judge, the dawn of day, in favor of the prisoner, begins to brighte, and the Judgment Seat appears to have the effect of enchantment.
(To be continued.)
From the Essex Register, Jan. 4, 1812.
TRIAL FOR MURDER.
From the New York Morning Post.
Court of Oyer and Terminer, Thursday, 28th November, 1811 — Present, the Hon. Judge Van Ness, Alderman Fell, and Alderman Buckmaster.
The People vs. George Hart. — MURDER
Mr. Riker summed up on the part of the prosecution, and acknowledged with great sensibility, the disagreeable task which his official station had imposed upon him. But as it was a duty he owed the community, he would not shrink from the performance of it. After disclaiming all prejudice against the prisoner, he thought it the plainest case of murder, according to the established principles of law, which had ever been presented to the consideration of Court or Jury; and in a solemn and impressive manner, dwelt upon the trivial offence committed by the deceased, and the dreadful punishment inflicted upon her by the accused. Mr. Riker then endeavoured, by minutely dissecting the testimony, to find some excuse for the prisoner’s conduct; but after viewing it in every possible shape, he told the Jury they must pronounce him a murderer, for not a doubt of his guilt could remain upon the mind of any who had heard the witnesses. Mr. Riker then argumented upon the evidence, and concluded neartly in these words: “If I lay too much stress upon the testimony against the prisoner, I beg, I beseech you, to cast away from my statement, as much as you conceive to be overcoloured; but, upon reviewing all the circumstances, I am convinced there cannot be the smallest doubt, and the prisoner ought not to look for mercy from this court, but to that God, from whom finally he must hope only to receive it.”
Mr. Justice Van Ness, in charging the Jury, informed the counsel for the prisoner, that no lenity could be expected from the court, as it was compelled, from the strong testimony adduced, to say that he was a Murderer: and added — “if you have any doubt, gentlemen, you ought to acquit. If I could say any thing in favour of the prisoner, I would cordially do it; but as I cannot, I deem it unnecessary to recapitulate those circumstances which must have sufficiently shocked you already. Indeed, you are to decide upon the law and the facts, and ought not to take a verdict from the court. — With these observations, I shall now leave you to decide upon the fate of the prisoner, with an assurance that you will decide correctly.[“]
The Jury then retired [about half past three o’clock] and at 4 returned with a verdict of “GUILTY.”
The prisoner being put to the bar, the Clerk of the court informed him that he had been indicted for a felony, and on his arraignment had plead “not guilty” and had put himself upon his country for trial, which country had found him “Guilty” — “The court is now,” said the clerk, “about to pronounce sentence against you; have you any thing to say why the terrible punishment which the law inflicts upon the perpetrators of the crime, whereof you are convicted shall not be announced to you?” The prisoner offering nothing in bar of Judgment, His Hon. Mr. Justice Van Ness, addressed himself to the prisoner as follows:
[The words were taken down by Mr. Sampson, who has obligingly furnished us with a copy of them.]
GEORGE HART — It is now the painful duty of the Court, to pronounce on you, that sentence, which our religion and our law concur in awarding against those, who are guilty of the crime of deliberate Murder — This crime has been punished with death, by the laws of every civilized country, ancient or modern. They have all considered it unpardonable, and the offender has been justly deemed unfit to live. The punishment of it, is the highest known to our law, and publick policy requires, that the community should be rid of one, who has shewn so diabolical a disposition, as deliberately to take away the life of his fellow creature.
The sentence of the law then is, that you be taken from hence, to the place where you have been lately confined thence to the place of execution, there to be hanged by the neck, ’till you are dead; on the 3d day of January next between the hours of twelve and two o’clock.
I have now discharged my duty as a publick magistrate. I have a few words to add, which I address to you as a friend. I have stated to the unfortunate man, who stands beside you, that he might entertain hopes of pardon;* but I should be false to you, and faithless to my duty, if I gave you the slightest hopes. For it would be in vain to search the annals of the most barbarous people, or the traditions of the most untutored savages, for a crime of equal enormity to yours. Through the course of your trial, I have sought, but in vain, for a single circumstance of mitigation; the woman whom you murdered lived with you as your wife. Standing in that relation the offence imputed to her, was light, and trivial. You usurped over her, a power, which the law itself could give to no man; and of your own authority, you put her inhumanly to death. — Thus was in your act, the extreme of cruelty and cowardice. You took advantage of a feeble unresisting woman; one who could look to you only as her protector. You took unmanly advantage of your superior strength; and by brutal force you took away her life — This marks you out as a man of disposition both mean and dastardly. Though this woman had been an hour and a half exposed to your cruelty, and all the time intreating for mercy, yet unfortunately, the people in the house were afraid to descend into that place, which was her habitation, till by your cruelty, it was converted, I may almost say, to her sepulchre, fearing that their lives might be also jeopardized. As long as she could speak, she was heard to address you in tones of tenderness & supplica[t]ion, that would have vibrated on the heart of any one possessed of human feeling. Yet you continued for half an hour, unmoved by her intreaties, to inflict those barbarous wounds and mutilations, that finished her existance; and when your neighbors went to remonstrate, you threatened them with death, and before their face, inflicted new wounds on her naked and prostrate body, so that from the testimony of the physician and of other persons, no one part of her was free from wounds or bruises.
A Murder so unprovoked, so deliberately inhuman, has seldom been known; for almost all the murders, that come to light, have some foundation in provocation or temptation. The highwayman that stops the traveller, does it for his money. The bully or the assassin does it for revenge. In every case, there is some motive or incentive. Here there was none but savage cruelty. Had she robbed you (as you pretended) of three or of four shillings, as your wife, you should have forgiven her, and as her friend, you should have rebuked her in the language of tenderness; instead of which, you exercised that superior strength, which nature gave to your sex, for the protection of the other, and in a way, that I am at a loss to describe, you mercilessly took away her life.
For this offence, the law requires your life as an atonement, and that religion, which most of us believe, and which is publickly taught amonst us, and on which our morals as our laws are founded — has said that “whosoever sheddeth man’s blood, by man shall his blood be shed.” It has been doubted from this whether man had power to pardon the deliberate murderer.
You have a short course now to run, and a dark and gloomy prospect around you. If you look back, you have little satisfaction; as to your present condition in this world, you have no hope of pardon. As to the future, you have too small claims to mercy. But conversant with books, you must know something of religion; were it not for the mercy, which that religion teaches, your views of futurity would be most painful, for in that world of spirits, where a more awful judgment is to follow, the accusing spirit of this murdered woman must appear against you; your only hope lies in the [sic] rightly employing the little time you have in this life, in imploring that Being who alone has power to pardon you, and I pray that he may pardon you, and hope that you will approach his throne, with an humble and a contrite heart. You should, therefore, all your time, both day and night, deprecate His Wrath. I trust, that the Ministers of the Holy Gospel in this city, will administer their aid, and instruct you to pray devoutly and sincerely. Your situation is painful, so is that of the Court. In the world to come, you will find, that punishment follows guilt in this life, but we are taught that there is mercy shewn, even for those “whose sins are as scarlet” and that you may turn your whole attention to that only hope; I once more implore you to indulge no thought of mercy on this side of the grave. One gleam of hope of future mercy is more precious than any thing you have to look for here below. I feel myself the importance of what I have said, and wish that I could make it more strongly felt by you. You have but a few days — let them be spent in profit to your soul. And that the Lord may have mercy upon you, is the sincere and ardent wish of the Court.
* Benjamin Farmer, who was tried and found guilty of Manslaughter, and sentenced at the same time. [this footnote appears in the original -ed.]
From the New York Evening Post, Jan. 3, 1812.
Pursuant to sentence, was executed this day, at the upper end of Broadway near Dydes [Hotel], on a gallows created for the purpose, George Hart, for the murder of Mary Van Housen.
From the New York Evening Post, Jan. 4, 1812.
Published by Desire.
George Hart, who was executed on the 3d inst. in his dying confession, mentions a Mr. Thomas, Printer, who was formerly a partner of his, in destroying the Dogs of this city. The public are respectfully informed, that the Thomas mentioned by Hart, is not Mr. Isaiah W. Thomas, Printer, from Massachusetts.