The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-14
Court q Oyer and Tcrminer.
Before Chief Justice Ednonds and Alderman Franklin
nd

E0nonoe
The MURDER CAsI-vERDIcT or MANsLAUGHrER
IN THE FIRST DEGREE.
ard charged with the murder Of Dominick Lsmbricnt
vas understood that when they retired last evening
they were on their first ballet six for = verdict OF
guilty OF murder, and six for verdict Of guilty OF
msnsl.ushter at late hour, they we're eleven for
conviction for murder and for granddaughter aud
thus they stood up to this morning
The Judge did not seem disposed to discharge the
verdict.
The prisoner was placed at the bar
Mr. Vandervoort, the Clerk of the Court, having call
ed over the names Of the jury asked them il they had
The Foreman answered, "Ycsn
The Clerk then said urors look upon the prisoner
prisoner look upon the Jurors. Gentemen, nov ray
you Thomas Prichard guilty of the murder not!
Foremsn--Guilty of ma nslsughter in the first de-
The Judge-I do not know what to do with such a
verdict gentlemen. I don't seo how it can possibly
be manslauehtern the first degree. There is no Sec
hon OF granddaughter in the fret degree, that could
include this case.
Mr.. Clinton on behalf of the prisoner sail that
his associate counsel, Mr. IL CLARK, had con ted
the four ees OF msnslsughter If they believed him
guilty at ;and he Mr. Clinton, thought that though
the circumstances OF the yet Of opinion
that the verdict rendered could be received by the
Court
The District Attorney said that their honors were
that he had the misfortune to differ from the
presioing Judge with regard to the construction of
The Judge-I instructed the jury that they should
find verdict Of guilty OF murder, manslaughter in
the second or third degree They might as we'll have
found the prisoner guilty of horse stealing man
slaughter in the first degree They were bound to
take tho the Court and they (the jury
to decide upon the facts.
The District Attorney referred TO the second section
The following what constitutes ghter in
dssree- The killing Of human being. without design to
Of any ether lille hosSer Is ensassd
In the perptration Of any crime Or misdemeanor not
O. In attempts psrpetuae any ,h crime msie-
In where such killing woald be murder 1t
Jaw shall DO deemed granddaughter in the first degree
The Judge-The fact Is. the jury have compromised
their verdict they have into matter that has not
been submitted to them
The District Attorney and Mr.. Clinton considered
that the jury had tight to render the verdict they
The udre then sad-rhe counsel for the prosecu.
ton and fer the prisoner having agreed to take the
subject to interfere, but fully convinced that 1t
IL against he law of the land The Clers will how
The verdict was then recorded, that Thomas Prich
ard not guilty Of murder, bat guilty OF
slaughter in the frat degree.
The penalty for this degree Is not less than seven
years imprisonment. 1t may be extended to the
term OF natural LIE. according to the discretion of the
Court
The prisoner was moved and ordered to be brought
up for seuteDcc to. morrow tFriday) morning at 10
O'Clock to which time the csurt was adjourned.
For the infor nation Of our lay readers give the
following sections from the statutes =
Man,laughern the second degree The killing Of hui
on a e9 ana den 10 as be o.
t,ed under snch IS to
degree THE for this prison.
the the aHs net hin "
In the beat Of passion without design to effect DEATH by
aS .s snsP s ae
s1ss shall be sssmed in the third degree
impIissnn ent, and not less than two years ]