Peter Diamond (or Diamon) sobs as judge sentences him to death in 1825 murder case

One of the mysteries of the 1825 murder case of Peter Diamond is the spelling of his last name. Some newspaper reports of the time and later histories related by eyewitnesses are the only sources of information. The York Gazette published Sept. 6, 1825, in York, Pennsylvania, spelled his name as “Diamon” and stated he was originally from Greene County, New York. Local historian William Davis, who researched in the latter part of the 20th century, also spells it “Diamon,” citing Newark Advocate articles of the time. However, records discovered this week in the Licking County Records and Archives show that the court records of the time spell his name as “Diamond.”

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Just four days after being indicted with first-degree murder, Diamond’s Sixth Amendment right “to a speedy and public trial” was fulfilled. On Aug. 19, 1825, he appeared in court with Alexander Harper, who served as president judge, with his assistants, Alexander Holmes, Samuel Bancroft and William O’Bannon. The Prosecuting Attorney was Corrington Searle while Diamond was defended by renowned attorneys, William Stanbery and Thomas Ewing Sr. The Newark Advocate on Sept. 8, 1895, recorded the names of the 13 jurors picked for the trial. They were: Lewis Farmer, Philip Sigler, Joseph Armstrong, Alben Warthen, Woodford Owens, Wilson Holden, Jesse Smith, George Hoover, Nathan Connard, Zachariah Davis, Jacob Riley and James Butcher.

Diamond’s attorneys admitted their defendant killed Orange Mitchel but argued it was not premeditated, so a lesser charge of manslaughter should be applied. The trial was short; that same day the jury found Peter Diamond guilty of first-degree murder. Stanbery objected and asked the judge for a new trial, which the judge denied.

On Aug. 22, Diamond was brought before Harper for sentencing. Once again Stanbery asked for a new trial. Once again Harper denied the request and passed the sentence. The Newark Advocate reported that the judge’s address “was done in a manner that reflected honor on his feelings as a man, he was frequently so chocked with grief as to be obliged to stop in the course of its delivery.” The judge then recapped the events of the murder at which point Diamond protested, saying that he “wished to tell the story myself, if the court please.” Harper denied his request and delivered a lengthy speech as he announced his verdict.

These are excerpts from his sentencing:

“It becomes the duty of the court to inform you that your days are numbered, that in a few brief days, the tomb will open and receive you…

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“Be, therefore, advised by one who feels for your present and eternal welfare to set about preparing to meet your offended God; do it immediately for in the grave there is no repentance…

“Anything I have said on this occasion, I have said in sorrow, not in anger. It only now remains for me to pronounce the sentence of the law upon you, and it is this. That you Peter Diamond, be taken hence to the jail of this County, and from thence on the fourteenth day of October next to the place of execution, and then and there, between the hours of twelve o’clock at noon and three o’clock p.m. of said day, you may be hanged by the neck until you are dead. And may God Almighty, in great goodness, have mercy on your soul.”

The Advocate reported that Diamond sobbed during the sentencing.

Doug Stout is the Licking County Library local history coordinator. You may contact him at 740.349.5571 or dstout@lickingcountylibrary.org .

This article originally appeared on Newark Advocate: Peter Diamond (or Diamon) sobs as judge sentences him to death in 1825 murder case