The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-23

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| Ing decided upon finishing the case this evening
the Judge commenced his charge to tie jury by ssy
Ing that In the remarks he had to make he aid not
purpose going into the facts a number OF cirnm
stances compelled him to that Conclusion In
hs nrs place the counsel on both sides had gone
the In the next place the court the courss
OF the proceedings had occasion to state its yevs ~.
had now simply to state that OF the conclusions
70 wAicn ne MAD come were removed BY what had
fallen from the counsel There Is another reason vhv
he had no desire todwe uponIths case and it was this
when the opened by the District Attorney
the court fain hope that it would not in vol
case OF human life, but il has goae on he hs
Deem painfully Impressed that 1t bore serious
character-it was painful that IL had assumed tho
appearance OF SO serious character to the prisoner
Ths case lies In very narrow compass ough IL ha.
oscupied such length Of tim In its In nvsstgation
1t involves but two quesions that the woman Il dead
is not deniedwhether the act is murder or that the
Is excused by the circumstances OF the
10 but one question Whether it was caused by the
prisoner and whether it was caused by an int enton
on his part to take life All other matters are be.
yond dispute First. Was the death caused by dis
or was 1t by WOUNDS nic ted! The application Of
the evidence s purely within the province Of the jury;
the statement OF the rule Of law is purely within the
province of the Court The rule Of Law is that II
man be sick OF disease by which his life would
end In halt year and that another person gave hil
q blow which hastened his death before tbs time he
is guilty Of homicide murder, and must
the consequsnces. That this woman had delirium
tremens there s no doubt but whether it slew her,
or that she would have died without the wounds is
question for the jury. II the delrium tremens
caused BY the wounds and that the prisoner inflicted
them he is as liable TO the consequsn he would
be II she died by the abscess which has described
to them by the medical testimony. Dr.. L.ute's
opinion is clear that the wound the of her
death and that she would not have died without It,
II they believe DR. Leute there is but one
what was the cause OF death. The testimony which
the Doctor has given is in all un i'm ohed
and they were not at liberty to depart from the
evidence, but, remembering their oaths, to decide
according to it. Is the prisoner responsible for the
desth?-then the question will be to what extent Is
he responsible! Ii they believe she has died not
from the wounds inflicted by the prisoner, then
OF coarse be is discharged. So much as to the
hA nasftn u fho
soner was the cause of the death 1t from what
the statute calls malice sforethought or prems-
diated design Malice aforethou yht does not require
that the design Sditsted tor time bsfore
hand. 1t Is very seldom, in the annals of crim
wait TO murder The most OF arise IN sud
den passion; and IL is not true that blow given in
q passion does not make the party responsible for
murder 1t Is not necessary that the design should
have existence for any time before the perpetration
1t Is enough that it was the intention at the time the
blow struck and the question for the jury Is II it
the Intention of the prisoner to take the life Of
that woman vt the time he struck the blow. Where
there s an ayowal of intention the jury can have
difculty, but in the absence OF avowal IL il for
courts and jures TO inquire into the motives of men,
and go to their actions TO what the intention
When we dive down TO mems motives, we are CON-
PEELED as long as our minds are ss finite as they
are, and short OF omnipresence-we bound
to go to q mans actions to infer what his in
entions are and they believed that he to
give fatal blow they were bound to go to his motives
In this case there is no evidence Of previous quarrel
except what the prisoner himself has furnished in his
statement The act Itself however which caused the
death is an important one-it was inflicted by an In
strumen mt which could kll-the blow being inflicted
on fatal part Ii presents apistol loaded with
a ball and fires it at another man what they to
infer! why. that be intended to kill III they see q
man standing on the brink of Niagara vita a child by
his 81 ie, and that he throws that child tn. falls
what are they to inter but that the nten drd
take the life OF the child Now in this the bio
was struck at mortal part, and they to inter,
like men OF sense what was the intention Of the
prisoner In striking that blow The premeditAtion
which the law speaks Of Is the Intention Of dong
deliberate action another not authorized by Law II
tion-that Is the malice aorethousht which the iax
contemplates to constitute the crime Of murder
mere words would in no respect justify q killing
there must De something mort tnAn that, aud II will
be necessary to inquire whether there any provo
cation for the homicide Ii there had been arsy
there might have been pro yocation but mere the
IL simply words The learned Judge here referred 90
th. statement Of the accused and then said that the
whole evidence is ct war with that statemeut Not
one OF the Witnesses has been able to testify to sny
threats and leave the totally anything bat
the desire of the deceased to remove him from her
ter OF law, to say whether that sufficient provo.
cation TO strike at her In a mortal part Another
point s that the prisoner In the dark st the time
and was undr-sssd; hs therefore mast have gropsd
about the room Tor his pocket la Shich h carried his
knife when the controversy commenced, and armed
himsen With IL. For what purpose did he do sol It
war not which lay close at hand which he sud
d. ny seized upon but he deliberately armed him self
and Tor whst purposs' 70 defend himself to defend
b hinself sgsin.t what against this woman turning
him out OF her house. II he armed himself for
he purpose, II prem rditation aud the ias con
ri utes the crime that resulted crime OF urd.r
md the prisoner responsible for the act IL all this
Va. the result OF accident; IL the wounds resulted
u ON the woman thro~ipg herself on the prisoner In
bed, Why should the weapon be hid away, From this
they would infer what the stste OF the prisoners
mind at the time They find, by the evidence, the
prisoner saying he was armed and hreaening TO In
nigt injury any one who would enter the room and
thi. 81 the very time when the woman had received
the In juriss at his hand, The Judge remarked with
some severity, the statement OF the prisoner and
said that all the testimony In the demonstrates t
t. be false, and being false IL but tends to i'm press
the Court with conviction of bis xuilt. A. ths
defence Of excutable homicide. the Law 10 btsdy
iDdulgent .. to the apprehension OF man VINO fears
danger from another but there be not only fear
but immiLent danger II, therefore, they believed,
hat In this there anything to excite spprs
hsrson OF such danger. then this act Is jastdsbl-
But what IL there ia II TO excis ppren.nson his
part The extent was that h. Rpprehendsd that the
keeper ot the hous. wouii remove him IRON the
hou'e, witch she had right TO do. ss per,sn who
disturbing H. That therefore, disposes Of all the
areumeut NJ TO apprehension. IL the jury had any
y ell grounded doubts ss to the design OF the prisoner
being prem stitstsd, then they might acquit him
Al the rsqust Of the jury the Judge read the state
The foreman ssksd il they found the prisoner guilty
Of murder or manslsush'er, could they find In any
The court replied that they should say In What de-
rrse they found. There tour degrees % man
'lsus Tsis esnns se man,lsus hsr Ia either the
hrrt second degree IL msnslsughter, IL s IN the
third or fourth asgree.
A Juror inquired what h the penalty
The eourt--you have nothing u 10 with the penal
~ and grnilsmen from the qucstios. have a'x~d
j shouts reminA you that you must not compromise
The s~ but act according 70 y0Ir Ia, rrtsdl-s. u
the cousequsbees aud leave the coRseIaeusrs - MIN
alone who rule them
The jury then retired. aud a. O'Clock helng two
hours in delib.ratiop brought tn verstct os man.
slaughter In the third degree
The prisoner. in snsser to the usual question whst
hs had TO sby, plisd, have been falsry sworn
sgsibst and you misht veil esui me D. toe gstos.
q, to prison. sm ready 60 swear TO tle statement
made
The Judge then said that ths jury had taken msr.
cial view 81 HI. snd the court eid no. regret
that they bad done 80 sentenced the prisoner
70 i'm prisonmsnt Tor the period u three Years and nns
months
Movements or Distln guishcd People.
Hon NJ w Henry end lion Y Chandler Vermont;
Gel II. a. Hantirg Sag llsrbor. Capt Dtkiu Gsns
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