A sharp report echoed through the forest, and the disciple of Dick Turpin lay stretched upon the ground. One groan and all was over. The ball had entered his temple.
The driver lifted the body into the coach, drove to the next stopping place, related the circumstances, and gave himself up. A brief examination before a magistrate resulted in his acquittal, and highwaymen about the Chateaugay woods learned that pistols might be dangerous weapons, even if they were loaded with wheat bran, provided they were in the hands of one who knew how to use them.
Another exciting case occurred near Utica, early in the present century, when Western and Northern New York was a wilderness.
An old rogue, who had long been steeped in crime, finding his companions nearly all gone—the prisons and gallows having claimed their own—and his material resources nearly exhausted, sought for a profitable alliance. He succeeded in getting into familiarity with a very young man, son of a gentleman of standing and reputation, a worthy citizen and an honest man. These two laid their plans for robbing the mail. Considerable sums of money were known to pass constantly in the great mail running East and West.
Watching their opportunity, they stopped the coach one night when there were no passengers. The driver was bold and faithful to his charge, and made a stout resistance. They tied him to a tree, and opened the mail. Fearing detection and not obtaining much money, the veteran villain drew his pistol and shot the poor driver. As in most criminal transactions, fortune went against the perpetrators. They were both taken, and sufficient evidence being produced, they were sentenced to be hanged.
Though there was but one opinion as to the comparative culpability of the two individuals, no one could say but that both were equally guilty, in a legal sense, of the murder. Out of respect to the parents of the young man, great efforts were made to obtain a pardon, but they were unsuccessful.
Both the sentences were carried into execution. The circumstance gave rise to a thorough discussion of the policy, the humanity, and the right or wrong of Capital Punishment. One of the most powerful arguments ever made against the death penalty, was written by the father of the younger criminal, and obtained a wide circulation in pamphlet form.
In the summer of 1851, a company of travelers were seated in the mail stage that runs from Mexico to Vera Cruz. Marauding parties of guerillas had often stopped the mail, and when practicable, robbed the passengers. Sometimes returning Californians, and other travelers, gave these freebooters a rather warm reception.