New-York daily tribune., 1851-09-24
TRIAL FOR MURDER.
James sullivan. indicted for the Murder OF
Edward Smith.
COUNT OF OYER AND rERNiINER- Before judy
EpMoND> and Aid. CHAPMAN and kELLY.
rContlnnel from Win PAGE

EpNoNpN and Aid. CHAPMAN and kgLLY
Continued from With Page
TUESDAY. sept. ~. 1851
TsI,L af James Saihrrn. uldrtes FOR fAs srnssr Of
EGlrGrs >nifh ~ fllf-Sf On ne lOth o( tLsesf
last, by sfg5JsHs ham ~ tbs srsa cIfi a snt5e.
Mr. Morris, IN summing up. coiended that there
Is no testimony showing the wounds 10 have been
indicted by Sulliyan-there were three or more per
sons on the landing. and the jury have As good
night 10 attribute the act 20 one OF the others rs 70
blm SC.
Mr.. Blunt, for prosecution reviewed the tcs,imo-
nv After SMITH had gone down with his SHIRT
which had been torn OF OF him, on his arm tbs pre-
SUMPTION Is that he was again going mp To his room
to dress himself when he Was met 20 the head Il the
and stabbed, evidently a he was ascending the
stairs the blow IN the shoulder. and on the thigh,
showed he received the latter aS he m the acI of
lifting hs foot 20 ascend the step. lie alone In
hlS room before the officers came. and must have
been the one Who wiped the blood from his hands on
the rag or cloth Nome oi the knives found or shown
could have eieciot tlc wounis-the knife found IN
Mrs : pocket bClIr large two baded pen-knife.
with one large blade. The weapon has been con
cea.cd, by whom l> known only Ia the parties them
selves DrnkcHnts> l. no excuse for crime. unless
"A party does rot know what he Is about Mr. b. con
tended that the witnesses, with the exception OF
Mrs. Martin, agree AMI every portion of the test
mOuy shows that She must have been mistaken
After remarks Al considerable length Mr. u con
tended II was murder, or manslaugheT IN the 6rs
degree
MIR Morris wished the Court to charge that If the
prisoner supposed smith wa coming up TO DO him
great bodily harm, he had right 90 defend himself
sc. sullivan IN every case acted on Tie defense.
Smith had no business ln Suiln room.
The Court, IN reply stated among other things,
that Smith had night 10 enter Sulsans room II the
latter was breaking the peace, las the testimony
showed he was and not only his right but his duty,
II - That of every cit2en and even If he entered
without The prisoner had no rlgh, to say HIM.
In his charge, the Judge Sad the question Is whelh
the death ~ deceased was caused by prisoner or
some other person--d by HIM, was II murder or man
slaughter The Court then reviewed the testimony
and explained the law. II sullivan intended 10 take
life. n muTder-lf he took llte, without intending
70, while engaged In breach OF the peace. u Is man
slaughter IN the FIRST dogreeif he took life without
intending u, when not engaged IN a breach " the
peace or IN some other act not felony u Is mae-
slaughter IN the third degree.
The jury about o'clock. retired 10 the room.
AMER AN absence of more than half an hour. the
Jury returned q verdict of guilty.
1he District Attorney SAID he would not Try either
of the other cases this term.
The Court ordered that the prisoner be rrmanded,
the whole Of the prisoners convicted Ia be brought
up for sentence on Saturday, at 10 O'Clock