The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-18

70
the rumor alluded to was false for his part he hoped
the Board would it certainly to him appeared to
be out of character to deny the right of running boat
on river belonging TO the federal 60 Ternment.
The motion then put and majority Of the Board
voting in favor of the concurrence the President
nounced the motion to concur carried.
Trial of James Doyle for the Murder of
Charlotte COnnsry-ConvictiOn or the Pris-
COURT OF OYER AND TERMIaEa
Before Hon Judge Edwards and Aid Cornell and Ward
THIRD DAY.
Nov Thames Doyle was again placed at the bar
when Mr.. Clinton proceeded to .um up on the part of
behalf Of the prosecution After which the
Judge proceeded to charge the jury. He said The
s mel a. he 1hr stands before you on ms
this State and the community In which live for the
crime of taking the life Of fellow being of who from
her weak defenceless situation should rather have
ceived his protection of who the widow of his
deceased friend in whose family for the period Of
nearly three years, he had been intimate and Who to
her language had always treated him with kind
The issue gentlemen you have to try and trust
in approaching that issue on are fully impressed wh
Standing between the laws of the State which have been
alleged to have been violated and the prisoner at the
justly, and firmly Now, gentlemen in commencing
Of this kind the first question which offers it.
M tb the noe Is the c
that there can be scacey question this branch OF
the case; indeed 1t has not been made point the
part OF the defendant to show othersse 1t appears in
evidence that the 10Th 6 Nav last about lilo clock In
the forenoon Anne Clarke domestic went oMt leaving
the prisoner and the deceased in the together that
to the store owned by Mr. the deceased having
her throat cut Mr. Reynolds on hearing what had oc-
CURED ran up stairs to the room which had been
pied by the deceased where he found the prisoner with
his throat also cut and bloody lying the floor
and subsequently box. in which the had been
kept found without the razor and that belonged
to the prisoners but all you have the dying de
claration of the deceased saying that the wound
inflicted by James Doyle the prisoner The first question:
gentlemen,
and the recond whether the prisoner at the
time ne committed the offence was sensible being!
and the different descriptions of mansaughter and pro
ceeded-Gentlemen, ! will call your consideration
Of the offence If the prisoner In possession of his
faculties at the time Of the commission Of the ocnce' 1t
important to take into consideration the previous posi-
ton Of the parties and the motives that might be sup
to have influenced the prisoner in the commission
Of the deed In regard to these parties it that the
prisoner had for three lived in the family Of the de-
ceased it that during that period there really had
been mutual kindness and friendship existing bet seen
them there evidence to show that that
moDous feeling interrupted until short time pre-
vious the Anne Clarke states that ct that time
the dec told the prisoner he had taken her money!
he denied that he had ,he (the deceased) then asked
him, where he got the quor, he said that The had
ney Of bis own the deceased in short time after found
tombs for am in the horrors words to that
feet There evidence to show that any unkind feel
the deceased says, that on that evening he came
from work; that the prisoner was at homo that he,
o'clock that be then left; that the prisoner had
retired TO bed and that man of the name OF Dolan
had come in Mary Louehlin says that when rhe
in she found the deceased and the prisoner in an alter
cation the deceased told her that Dosn had there
and that he had heard the prisoner say to Doan that il
he did not 60 out he would kcK him down the stairs the
deceased then said to Doyle that his buiness
that she had but respectable persons ia her ouse
and thai he should interere the prisoner then said
that she ought to have respect for her
husband and have but respectable person in his
psce. Anne Clark then said to the prisoner, that he
hgau ha hava l,a
did, the prisoner then said that he would take his
in the morning The witness Loughlin says, that
the last expression used in angry but she
ssys that the meaning she attached to it that he
would make some suitable apology when he would be
returned about nine O'Clock heard the latter
part of the alteration The evidence shows that
prisoner remained in bed the next morning until
o'clock he then got up and went out; it is not stated
where be went to- about this time the son went out
but he the prisoner returned again, and went to
bed: about eleven o'clock. the prisoner was called
to breakfast he said he wanted something tasty the de-
ceased then cent the servant for beef steak and while
she cut the took place. when the deceased
brought TO the Hospital DIR. Suckley asked her why
the prisoner killed her; she taid because she would
give him money to buy rum; that he the prisoner had
way 1t would that there arising from
the previous evenings difficulty, but that he would not
her threat 1t Is not necessary for you to find the
and motives that actuated to the act to find that there
murder but II the facts show that there pre-
meditated motives to commit the deed you will find the
act to be that OF murder Now in reference to the def
milton of murder, there has been recent exposition,
which perhaps gives different view Of 1t from what pre-
vailed before. When the crcum tances are such as
previous lying in wait previous preparation of the
means Of death as procuring poison getting the
deliberate preparation OF the person committing the act
when you find case Of this kind, there is
little difficulty in finding that it act Of pre-.
meditation; but there cases which not
fund in this view But gentlemen, If you believe the
which caused the eeath Of the deceased at that time
had settled intention to kill, his offence murder
Now, what lie brought forward on the defence That
there not premedtsted design The iustrumentt-
self calculated to effect death What then is to
show that there was no generalization Did a proyoca
ton exist and did he commit the act in the heat Of pas.
zion If gentlemen you to that decision il is for
you to do J. however. cannot to that conclu
sion In the FIRST place Il is con.eBded that the prisoner
at the time he committed the act intoxcs.e ed;
secondly that be was laboripg az the time he committed
1t, under deiiIium trtmens. Nov the first which has
been set IS the life and rule oflawas it has been
pressed by Of the sages OF the lawhe drunkard is
mot excused thereby drunkenness bat aggrayates the
crime; that the old Law and with slight modifca
items, is the law If by the indulgence Of ntoxi
eating drinks, he becomes temporary madmau. the
fact Of his being in that state must be taken into con
deraton. when you come 10 consider the question
Whether the act the result OF premeditated de-
sign, done in the heat Of passion 1t does
not alter the Nervousness of the offence but 1t ~
for you to slider IL in the light Of murder or
slaughter 1t Is argued that at the time he committed
the act he the agent. the rule OF Law is
that lie sane unless II IL sho that the judg
ment so far impsred and the 70 far prostfated
that the person did not know that he was committing
that the tason destroyed the defence go further
1T must show that the accused party at The time he
did the act did not know that il wrong and that
did not know he committing a crime The learned
Judge here gave expedition OF the law reference
Parties aborDg under deium tremens and proceeded
The defence has In my opinion fallen short OF the
ssry proof that the prisoner aboring under derum
tremens 1t is necessary 10 prove that had II To that
degree that hedd not know when he took the life Of
deceased that he committing a crime One of the
witnesses for defence teshes that soma nphts (one
two before the offence he the prisoner: that
that time he hands remulous and that he had the
appearance Of that drinking and that he per
spired profusely. There Is no further eyidepce on
this point, until after he brought TO the hos
pital, where he was placed under tho nurses care.
IL then necessary to bind hIm that he spent long
nights without tleep ard perspred very much This,
gentlemen Ii all the evidence that the defence rests
upon for the estsbhng OF this case Now gentlemen.
II these facts furnish sufficient evidence to you that at
the time of this oe the OF the prisoner was
far dehroned that he did not know that the
mttedl crime. you must believe that at the time