The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-07
TWO CENTS.
Court of Oyer md Tormlner

Aldermen mi
Jackson.
OeroDrK 6.-Casrge Of Muder-Ths trial OF ,f,oh.ar
Power charged with the murder ofRichard Miley was
Dr. WM. w JoSSs, examined by Mr. McKnos-ds-
posed that he was called to see named Nilsy last
August, one evening between and O'clock; he was
lying down Mt the time, nearly insensb.e If not par
fcty ne had wound the lsfs side OF the head
a little above the ear there great deal Of contu-
sion around the spot. and an effuon OF blood no
lying unconscious on side and suffering evidently
from compression of the brain; coasidered him In q
very dangerous state, and advised his the
Hospital whore the best means would be adopted.
through the skin and muscles underneath; did not dis
cover any fracture Of the SKULL advised application Of
cold water and his instant removal to the Hospitals ths
VIE oh1eeted TO his removal; the wound the
perietal bone
To Mr. McKEos The implement produced would
cause such q wound.
DE- JenN H. WmrrAgER, practising ply stefan, in the
habit OF assisting the Coroner postnorie,a examina
atoms made post noyfem examination on Richard
Miley In AUGUST last found the body in n most extern
sve state Of decomposition Ut during the raging Of
the cboere 10 consequence OF which it impossi-
BILE to discover any txternsl injury the body
ined his head snd found extensive fracture of the
left side Of the skull through the parietal od occpi
tai bones and extending about two thirds of the aid
Of the head; on removing the scalp Of the head. h
the membranes Of the brain, aud between the mem
bisnes and the substance Of the brain; should say
blow was the cause OF that appearance; it such .
blow might be given by the weapon produced an
MAS sufficient to cause death 1t must have
heavy blow
To MIR. BRApr.-Has seen much more extensive in
juiies where the patients have been recovered; II
prompt means had been used the
the wound he might undoubtedly have been restored
Mr.. Mckroy.-Do you mean Co say that his death
was accustomed by want Of attention, BY the blow!
A.-By the blow
MIR. DrAss d-poeed that the blow was given on Nom
day; the deceased died at o'clock on Tuesday
ing and not at O'Clock on Monday night as Mrs Mi
ley states through mistake.
Mr.. BLANcKMAN addressed the jury on behalf Of the
prisoner with view to reduce tho offence from the
heinous crime of murder more mitigsted form
of mansaughter OF the third fourth degree, which
he maintained was the only question for the jury.
Hunr las Sine fh,s urtao
character for fsithfulness sobriety and seadiness
and being of a peacesble disposition.
DAVID WoopLocN drove the deceased home the DAY he
received the injury he sat up In the wagon wtout as
sisance; asked for drink of water and witness stop
ped at public house, at the corner Of 2lst street,
whsre deceased got out Of tho wagon by himself and
went into the house and had brandy and water.
Mr. DIANE, who was examined yesterday for the pro-
secution called by MIR. Brady for the defence,
and said that he did not hear the prisoner Of
the expression for revenge to by Harris the
csored man. the prisoner had said any such thing
witness shoula have heard 1t.
Mr. BRADY said II after the evidence adduced, the
District Attorney (Nr MeKeon) would press this casa
fer murder, he ir Brady should address the Court,
In the third fourth degree he would 1t
cessary TO olier any observations.
he DisrRicr ArroRsEs having taken the Of
the Court upon the matter,
Judge EDWARDS said he of opinion that the oaiy
question whether IL in the third
or fourth degree He did not think the jury could
come to the conclusion that 1t murder with pre-
meditated design; and his Honor having charged the
jury to evidence they returned verdict Of guilty
OF murder but guilty OF msnslsughter In the third
degree.
Prisoner on being asked what he had to .sy why iudg
ment should not be passed upon him him. declared
be had no Intention Of taxing away the mans life
more than he had Of committing suicide The decsas-
ed irrtated him till he had himself hs
ltbeprisonerl had wife and four children, and they
bad not shilling to support them, except what
daily raised at the pawn Office.
Judge EEwAEps tsid that the prisoner sho uld have
thought of his wife and family before he gave way
his passions TIM jury had mitgated the
slaughter In the third degree and the Court fuiy
CURED in that decision. The punishment awarded to
the crime Of mnnsaugbtar in the third degrees
soDm.nt for not than four lass two,
and the Court having taken into consideration the
proyocaon which the prisoner received the de-
erased aud having also taken into con-its
he had said OF his wife aud family, and his previous
good character, they would sentence the prisoner
tha lowest term ofinprisonment namely for years.
The deceased has left q wife and live children.