The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-13


played with such effect pom the enemy below, which
was rapidly ascending, that in . short time victory
Of about 81 500 between the injury from water Are
and breahsge two thirds ofthe basement being ooou
Insurance.. The Hremen and police deserve great
credit for their exsrtions. Tho whole foroe Of the
Second ward policemen were In attendance
FmE.-On Tuesday forenoon, about IL O'clock Ore
broke out In the Tenth avenue between Thirty
and Thirty fifth streets in house belonging to George
Nimmon The frsmen we're promDtly on the spot
after tho alarm was given, and the FIRE extin-
guished with trifing damage.
ACCIDENT ON BOARD BRa.-An accident occurred
on Tue,dsy sftsrnoon on board the brig Caroline and
Eliza, lying at Judds wharf Thomas Lsckley, one OF
the Grew while engaged alot fell from the
and injured himself severely He was taken to the
City Hospital by officer Thomas Smith Of the Seventh
Court ofOysr and Terminer.
Before ChisJ Justice Edmonds and Aldermen Franklin
ana Miller.
TRIAL FOR MURpER-THIRD DAY.
M.RoH l2.-Thom.s Prichsrd was again placed at
the bar charged with the murder Of Dominick Lam
then G to up IL. o
prisoner and commenced by saying that under erai-
nary circumstances hs would not have felt It neoss
sary to add word to the very able and eloquent
address Of his learned associate Mr. Clinton who con-
cluded his argument the previous evening He would
upon the jury to apply themsslvssto the
OF the facts and circumstances, and say whether II
the weight which gave the fatal So. they could pro-
nounce, upon their solemn oaths, that he guilty
OF the crime Of murder. Counsel here defined what
acts constitute and deliberate murder
and then reviewed carefully the testimony Of the wit
nesses for tho he referred to the fsot Of
failed to identity Priohsrd when he 1as s.possi to his
view in company with other prisoners In the jail
Dutob it was not worthy Of seiisf~a man convicted
OF many crimes yet who deliberately swore that he
could not remember What they all wsrsi II he has
worthy Of belief in another. Mr.. Clark ives pro-
oeedins to arsu. that even II tn. jury believed the
blow va: struck BY the prisoner s would not amount
The Judge here said he intended charge the jury
according to the Law laid down BY himself In the
Counsel then referred to the opinion Of his honor
the presiding Judge, Edmonds) delivered In the
case Of the People against Austin, in which he
says -" whether the sct murder manslaushtef
under our statute, depended entirely upon the sxis
tence OF sn Intention to kill either some partiouls
person, or generally Of number Of persona
agsinst whom In mass the fatal act is perpstrated
There Is osIy one homicide known to our law which
becomes murder in the absence OF an intention to ef
feet death and thot Is when the act Is perpetrstsd
BY one then engaged in perpstr.tins felony; EI:
an intention to kill and with such an intention,
every homicide, with the single exception already
whether the intention is formed on the Instant,
or has long been entertained Such intention may Be
ef plainly indicates heart regadisss OF socia duty
and fatally bent on mischief, and men to be pre-
summed 20 Of nsna % the .b n.tuT s and c0p.s n
uness there be such intention the act cannot be
more than granddaughter. II
tho homicide had been perpetrsted without an In.
tention to kill 1t would be msaslsu ughtsr and more
except In angle OF its Preparation by
with intention to hin, no matter how recent the
provooation, or how high the passions, IL was
's s.an 10 eject ouss With IN
the very height of passion, and springing from
even an existing provocstion, eau ind NO resting
murder or Unstable homicide and the In Ten ton to
kill being established there Is degree descrpt
it, Such, said Mr. Clark the opinion OF the pre-.
siding Judge sound In Law as IL elegant In Ian
n, .ne nj SS
to the store armed with weapon for the purpose Of
taking life. but In drunken state, hs took up
pom from the counter, and lung IL without the inen
ton Of committing murder but merely 10 inhict blow.
The truth n, II these the who posed that
on q drunken spree-thsy went out drunk spent the
night drinking, and returned hons more drunk.
he then alluded 70 the desperate charaete Of Butcher
Bill" and -Four hngvred Dutch who had reduced
tbs unfortunate boy tho prisoner st the bar from
comparative innocence 20 misery and crime Counsel
then went on to contend that there absence OF
malice on the part ef the prisoner He spoke first to
the dscesed when he entered the sors and 1t the
vbst you deserved, . that made him gi,s the blow
Had Dominiek asked the party 70 drink and forget
their former quarrel there would have oasnc.
committed, they did not ind the prisoner rushing into
the store seizing Weapon nfictipg the injury aud
rubbing away II such had bosn ths fact there would
The blow that Si.. whether Il be msn.isusht.r or
murder sends tbe victim perhaps unprepsred before
tits OF poor errips humsn beings and IN eompssson
for our many weaknesses, makes wide distinotiou
hetrsen these acts.
on the rea.embiipg OF the court, Mr. CLARK con-
tinued his address He said that tho act n nittsd
By the prisoner, was committed wholly without delbe-
ration thst his reason va, overpowered by drunken
ness which IL the most melancholy insanity that In
n. %iua of man ms co.sda p rr..t dnss No that
The deed, committed by the prisoner, which he did
not feel himself at liberty 70 csncede was done under
prevocation; the remark made by the deceased. II II
had been addressed 70 q sober man, would not have
csussd resentment but with q drunkes, tboughtiess
boy II was otherwise. Mr.. Clark then commented at
great iepsthi and with much ability upon the alleged
oopceament OF the boy In bis mothers room, and sd
mothers hom. When he learned that the we're
In pursuit OF him and then ssked And where should
The istheress child have gene but 70 the humble home
ofhs mother" But II said that the other followed
ths officers Who bad her In charge yes gentlemen
she aid she has fells ved him here and your verdict
eonsgns him to the scsfold she will follow bin
there Poor, impoverished she is che IL the mothsr
still Twas night, twas cold and uncovered ssve By
DAYS long zinc. passed abe tolls ssd him .hivsrsg and
wrstehed. The prosecution infer from thi, circum.
stance, unfsvcrsbly 70 the prisoner. ssk where is
the mother In Chrietendom that would not thus have
followed her only sen The learned counsel then in
stsd that the drunkenness. Of the prisoner proper
TO be taken iato consideration by the jury; although
not strictly legal de.ncs ft material to the que..
top Of alicous intent and 70 the point vh-ther the
,s.sd rom gLoto,.pp o. i,o% s ~, mn hs
at Of drunken pbrenz7 and In heat Of passion, ex
cited by real Imaginary insult Mr.. Clark then said
the public proseoutor claims the viction ~ ths
accused for murder the ground, as he alleges,
that II necessary 10 check the rufisnism OF
the sse conceds the prevalence Of this spirit 20 q
moet d,grseeul extent, but IL IL for whch this
bey BY no means responsible. Examples have been
act him ~ men In high places, by men wearing the
gsrb and professipg the character OF gsntlemsn he
must have learned that members Of Congress oons-
sionsly ssttle their dbputes upon the aoos Of the
Hsuss By psrtonal collisions at times rivallins In
their ntefs the ferocty aud ohivslry of bull
dogs Ore Senator draws pistol upon another; and
for all such which have rendered Congress
difgrsce 70 the nation, these styled honors
blss In our city, street attacks have been of
common occurrence and it extraordinary that this
boy, whhost he ieaes ssorsl religious culture
rsrfoe ~ education and wbc had received from hi.
father no Inheritance but tntempsrancs conceived
tfst the Law of volsnce the lau Of the and The
evil requires correeiion but the ysten Of reformation