Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-17
Court Of Oyer and Terminer.
TRIAL Of Ezra White for the Murder Of Peter Fla
patrick
Sixth Day-The Verdict


Sixth Day-The Verdict
At 10 o'clock the prisoner was brought into Court.
He shook hands with his COUNSEL and entered very
any sociiude or anxiety. The iury having hssyy
called over, his Honor, Judge Inglis Commenced
his charge by some general observations in relation
to the conduct and duties Of jurors in cases like the
one before them.
His Homer then entered upon dissertation respect
ing the oit-repeated doctrine Of the Jurors being
Judges OF both law and fact; and whilst freely ad.
mitting the propriety, constitutonaty and la
galty Of that doctrine he said that men tab.
unfortunately from the people, could not be ex-
pccted to have that knowledge the law which i 10
DC found arayed In legal language and judicial deci-
to the opinion Of the Court on such matters His
Honor then passed to the several definitions Of nur
der aud mansaughter. they to be found in the
then before the jury The first eount no cou.;d..ad
TO be good and not fall within the hronsht
against II by the learned counsel for the prisoner
gu. win respect to the second, he thought il INSULT
cicnt ON acesuat Of ayaraton between its language
and the street grammatical construction of the Stat
ute His Honor thought the second count on vbt NOT
merely 20 have charged the prisoner with doing an
acl key 10 prove fatal to Peter Fitzpatrick but 10
other persons than him whom the murder was
committed IL, said his Honor, the prisoner had on
been charged on the second count, am very GER
tain he could not be convicted His Honor sbsn an
ayzed the testimony with great legal and rr,;caI
acumcn and at great length One point in this part
oil the above evidence il may be 10 call the al
tention Of our readers to-
IL has been contended. said bis bscor H., p.,..
fitzPatrck did not die in consequence Of the stab.
received, but in consequence Of the negligence of
the surgeons called in to attend him. Now, IL man
- Hrsck, IN the dead Of night, with deadly weap-
on, and IN such manner as would not occasion dea,b
u properly treated, yet is the man-the person who
mao 'nnicted the wound-as liable for all the conse-
quesces; and IL you believe that Peter F,tvratr;cL
died from a stab inflicted BY the pris.ner 49, -
VIII be your duty to find him guilty
hav,hg gone over the testimony, His Honor re-
ceaoss 70 p ,notnsr ground taken By the prisoners
on Fitzpatrick, il was done In seIfa.f.rc.. -
ne was penalty liable at all, he could only he con.
vcted o. manslaaghter in the fourth degree In this
view OF the matter, said His Honor, L will he in
cumoent on you to inquire whethe ne was in .pch i'm
minent danger of his lfe or exposed 20 such bodily
peril as justified him in taking away life II e
~ one man Is assaulted that he is Justified
IN saying ms adversary. IL he was attacked by a
numeer OF drunken persons, he would not OILY bs
lusu"su ~ using the instruments that nature gave
nn, out ne would be justified in using any that .
snanee paced within his reach, hut then to relieve
himself 81 the consequences that might ensue, he
must have retreated far as possible and done ALI
ne could to avoid his adversaries.
WIN respect To the on the part Of the prison.
er, his Homer said there was point in which Il
was detective and which defect could not but strike
the mind Of every impartial observer. He had adj
tuccd evidence Of good character In All dou
eases, where the scale of justice trembIes in The
balance, evidence Of good character of blamelcss
life, and Of peaceable, harmless disposition would
AWAY turn the scare. ms y what the law seeks,
md in its absence uries are bound TO infer the con-
rary
| have now, said his Homer, presented to you
Gentlemen my views Of the law, and OF the facts Of
his long protracted easel leave them ali in vour
lands, confident that you will carry into your deli
erations that wisdom and impartiality which will
nable you TO come to Just and righteous decision
II your hands neither public justice nor the rights
4 the prisoner can ever be percd. II this Is a
ase OF murder, or Il the prisoner did use deadly
veapon for the purpose Of killing one whom he did
= did net know then IL will be your duty 90 find
I'm guilty IL, on the contrary, you should be az
pinion from the testimony that he did the act in
ende,ence, then u will be your duty 70 acqut him
The jury retired att o'clock, and AZ g. p. M fhsw
eturped into Court. Order having been restored