The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-24
Trial OF John Doscher for the Murder or
Patrick McNultY.
COURT OF OYER AND TERMIEER.
Before Hon. Judge Edwards.

CUuHT OF OfER AND TERMlFERs
Before Hon Judge Edwards
Nov. 23.-This case was resumed this morning.
Mr. Smith, in summing up for the defence, contendsd
that this of justfable homicite The defend
ant quietly and peaceaby engage,n his business
Sunday night al late hour but II his house had
been the most disordei,y in the world the outrage
slabtst segrse n,o,.as With ths charaotsr Of the
prisoner the law had nothing to DO but 1t protects al
alike 1he statute says that homicide is us,fs5!e when
cenmitnd by ia either OF the following caset
When resisting any attempt 70 murder such person
to commit felony upcn him, or her. in his or her
dwelling house in which such person sh, be- when there
is reasonable ground 10 appreh henc design TO commit
felcny lie party among whom wss the deceased were
gang Of drunsen row dies going about on Sunday from
~ place, and irinkrg cry visit 1t shown
in evidence thar they weren possession of pistols before
hey cGne to the prisoners hoSse The barh.eper wa,
deliats about allowing them TO have yhng to drink
heoau,e it .yent to him ;ha they dangerous
excited The lfarneo un'e reviewed at great length
th, ev6.nce Of Sirr and othe-s ani attempted 70 show
rartislity towards the 6ecessed:
The district Atiorney followed very briefly
The Court tlrn charged the Jury.
1IiE JUDGES CHARGE
Gentlemen Of the JursThe prisoner at TIE bar is in
diat Tor tis cline OF muir en- The public prosecutor,
however n The Gi.ca1ge Of his euty has considered
Il cessery 20 prest MT the 70 of
der but you have Notwithstanding the right to find the
prise guilty Of murder If you believe him to be
of any Gesree of Ia nede less than that of murder Al
though genemen 1t is not necessary for me TO present
this in references TO the law OF MURDER still hsve
tuts defining murder. That species o homicide which
is called murder find to be killing human being, when
perrerated with plemeditated design TO effect death
The other de6ron is where is reipetrated b. any act
regardless of consequences although without any pre-
ditaed design 10 effect the dea of any particular
5iydua Under the first subdivision il ia always
sry for the jury to find that the party, Mt the tims he
committed the act, bad fettsd, fixed intention and
purpos. to kill. The second subdivision applies to
where the person accused frs wsutonnefs,
hocts into Nd regardless of human Nte under cir
cums;ancet eypcng depravty q mind which, in the eye
Of the law, makes man equally culpable when
haa preneCiated intention to Kill particular Individual
1t is not coptended that this under either OF
these subdivisions OF the statute TIT other definitions 10
which will call your attention those Of granddaughter
in the second and third degrees Manslaugher in the
second degree is defined to be the unnecessary killing of
another either when resisting attempt made by such
other person to commit any felony any other unlawful
act after such attempt hall have failed In this csae
the party must either be engaged in attempt to com
nit felony 10 do other unlawu act or he must
have teen such attempt and such attempt
mast have failed and In addition the killing must have
been unnecessary In order to give you illustration
II those parties did to these premises the night Of
the 18th of June and committing trespass
kin by breaking the bottles doiog any other In
jury species to the premises - prsoIer at the
bar had wantony and unnecessarily k4lsd any of them
that killing would amount to mansaughter In the second
degree. The other definition TO which shall refer II that
Granddaughter in the third degree This defined 10