The New Era

HUNTER HILL.

We rejoice to learn that Governor M'Dowell has respited this unfortunate man until the 6th day of February next, before which time we hope the Executive clemency will be finally exerted, to avert the doom pronounced against him by the tribunal of justice. From all we can gather, we feel certain that the conviction of the Jury that tried Hill is erroneous: and we believe that if the same jury had the case in hand again, they would render a very different verdict from that which now impends over him. It is true, in the first moment of excitement, men cried out 'blood for blood;' but calm reflection, has softened the asperity of revenge, and they now see many mitigating circumstances in favor of the prisoner, and a thousand pleas are put up for him, that before were silent or unheeded. Will his execution bring back life to the lamented deceased? is asked: and men's minds answer. No! What then is the object of taking his life? Not, certainly, to satisfy a prurient desire to riot in the death agonies of a fellow creature. We believe from the testimony before us, that Smith's death was an accident, growing out of momentary combat, in which both parties were eagerly engaged, and far from premeditated on the part of Hill. If our opinion is right, and the testimony warrants us in maintaining that it is, then has there been no murder committed, for that must be an act matured and considered beforehand—the blow must be struck with 'malice prepense' to constitute MURDER.

Hill did not so strike the blow—there was a personal rencontre between the parties. Let mercy, then, bear sway.