The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-18

Before Hon. judges Edwerds, Mitchell and Roosevelt
Tie CASE OF JAMES SULLIVAN CONVICTED OF The
MURDER OF sMITH
FrR. IL jas Suiircn, pldntiF IN error. ads. he
People The plaintiff IN error ia this IL win be
collected, was convicted Of the murder of named
Smith, who icdee in the house with him and who
interered with Sullivan when be having drunken
qusrrel With his wife; he commenced breaking his own
uniture and crcckery. Sullivan, in his evaporation
violently heshpg his furniture when the deceased
interfeIed scutie en.ued and Sullivan stabbed Smith
with knife in the groin which caused his death The
now comes before this Court bill Of exceptions
aud the following points for The plaintiff submitted
and argued by Me.srs John Mckeon and r. H. Norris
~ counsel tor the prissner.
Point 1s There is error In the following portion Of
the charge Ct the Court Judge EImonds TO the jury
The Court further charged that II at the time OF the
killing, sullivan struck the blow ~h intent to kill, 1t
murder unless justified excused under tho evil
dence III the care, Of vhh the jury the judges;
and that the mere fact Of his being passion. not
in scf sufficient to excuse justify the act; and that
the jury believed that the killing produced by the
prisoner, with an intention to E though that nten-
ton termed at the instant Of striking the
blow II muIeer that the jury might infer such
tenton from toe circumstances Of the case and among
ether things from the nature Of the weapon used and
vouIds given by it,
Where's the statute declares murder to be "rhe XIII
Ig q human being without the authority OF he law"
When perpetrated from premedita.ei design to
elect IT, death Of the perion killed of any hum
b.irg'
Ard the common Law definition Of murder is:-
here me with ,sdatc, deliberate nad AMI formed
design. doth hill another
= 1he put by the Court a care of murder viz -
The killing WI n an intention to kn though that in
ertson vas formed at the instant Of striking the blov
Is not murder but tho "mansau ghter OF the com men
lav, committed Voluntarily upon sudden heat
Point I'd The Court errs In refusing to charge
quoted by the counsel for the prisoner, viz
IL the jury believe that Smith returned up stairs TO
renew the fight and Sullivan believed he intend to do
linn great bediy injury, he hsd right to dstsn1 him
selt, even unto oe8tn ana it Is not MURDER
Poin. Court erred in refusing 70 charge the
council for The prisoner requested, viz
III the jury believe that smith having had the SIGHT
With Sullivan and by his condns and blows aroused and
excited the passions Of the prisoner snd then returned
le.by keeping up the excited ps,sons OF the prisoner
hduloer such excitement the pfnoner stabbed tns de-
ceased. II 10 not MuTder.p
Poi. 9Th II The jury believe that the prisoner in tn
heat Of passion caused the death Of the de:easea 1t
Tie District Attorney appeared for tn. people, and
submitted and argued he following points =;
Peint l-ihsre was no sitor in tat charge or refusal
70 charge.
Ian intentional killing Of human being by ano.hc.
ie murder, nhless justiisb.e or excusablc
2--bytTy Intentional ret e of vilfu one end
rrtneostann simply means that the ast done with
rhfct:en NO 'Iccac length Of time is required FOR
fuCE d,ihtTatlcn. Every case mu,t depsnd unop ,s
cil cunture.s The lew reason and common sense
unite IN Grosfns that apparently instantaneous act
may be accompanied with sucb Circumstance. TO leave
no doubt a ~ being the rcfu lt OF pfem,dita,ion
il To constitute The crime q murder where the pur-
pore 70 ki j. ound the length q tine between the de-
tign 20 termed and it, execution, Is immsteral
Mchesn tChief Jussee) says:-lt hiss been objected,
rovevsr tbst the amendment If pensl code renders
pi.nejtson an Indispensable ingredient TO constitute
murder ia the fret acgree. But still IL must be allowed
that ts intention remains much e. ever tie tru. c
tsron n orinrs In law vel ~ in ethics and the in
tenton Of The party only be collected from words
sLd sciicir Let y be suppocd that ,aa- without at
sirR wtfs fhcu'd tttiEs another The head with IN
axe, u must - every principle by which can Judge
human aetilnF b. dtsLetd pieneditGt9i violence.
III : WIZ never there epee.ac Intention take life
ueh s.iDE y murder miles jD5ihsbe excusabls 90
vbn the tlEt1oIy definition II granddaughter la lie
tut Rree
lThe rrcsert eats falling Within neither ortbese ex.
Urit4CDs " uuTder /" 40 cOumg murleru tays
JUDGE Eirg in tie n Com " psly the jntett ~
ihe purity krg Hu.t Rave been 20 take life TIE drt
irQUiy therefore rtcr ioiouious homicide i. esss-
l-htd EQt committed ~ means 81 potion or laying 80
~n &c II whether The mortal bioT given vith ths
rsnt 70 take is merely 70 90 great boly harm II
tt' iner is proved by the evidence, It il murder
p tneff ne king with intent 70 kill Is murder TX
~ 81 above ttGlcd) htn u y no hgbca within our Nv
Aktli ,ttlu Nina iefs cferoe tLss killing FilHcns
iAtH 20 kl = no lryauntsry kiliug ~ the oct pro-
h'ht q euinthe negligence 81 another Wills fueh
S'.ts y 'lEfgt1 u tbo G. hamilton II treppass
4. othsf eetdf & can oily fall within The lg. rub.
Sltl.sn 81 mahhsnghftr IN The fourth d,gIrt aNd Vr
fbal tatn Lare NE aHuidiy ~ On intentional kiing
hetg ~ oe l.s tiitnoo than uuintenlioGs "a ii.
yO'unisIY kiiliEg.
~ ~ say enoT vsf c'nmittee !. W., ia favor n Tie
ht,ne tor u Eot murder under tic fist tus4lyi,o IN
n ftatute u ctr'ar'y Nas under The second a, i
nor 10 The CHI rge whish work no rr.udfs, Il, -
prisoner L ~ groutd fcr grsntiuP new trial
~ Tile ipogmsnt Tx VIC - inrr,a
ysc'.ic. Y,rrrysd