The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-27
Charge or Murder on the High Seas.
UNITED STATES CIRCUIT COURT.
Before Hon Judce NelaOn


MAY 26-The United States Us. Aichae, Reardon.-Mr.
Fred Tamadge summed up the part Of the prisoner
and Mr. Dunnipx for the prosecution
The Judge then charged the jury. The prisoner has
been indicted for the murder of Henry Miller the 18th
OF April last board the ship American Congress the
high The deceased the cook Of the vessel and
the prisoner passenger board. The killing of the de-
ceased by the prisoner is not matter Of dispute there
can be but he came 10 his dea tn from the bio
inflicted by the Delaying pin and therefore, the only i'm
potant difficult question 10 the the nature
character of the offence Ia other words whether the
homicide committed is OF the degree OF mu der or under
the attending the is reduced to
slaughter Now the crime Of murder is defined be- In
brief terms, the killing Of human being by another with
deliberate malice The malice be express Piled
Express malice may be shown by acts BY woIds-fuch
as wsylsying for the deceased providing himself pre-
v0usly with deadly weapons by previous threats of
vols Implied malice is where the of homicide
tilted upon sudden OCCASION under crcum stances
OF such cruelty as 10 indicate . wicked deprsved and
malignant spirit where the punishment. iEhscted by
tie prisoner proyocatou is Outrageous in its
bature aud conpuauce ard beyond ali proportion to the
offence that the act Is attributable rather t~ disbo
cal nalgnity and brutality than TO human inirmty In
this there provoc lon ceived by the pri
from the deceased aboat O'Clock P Of the day,
and from the nature Of it. If the resentment had imme
dsiely followed and the blow given 1t would uneoubed
II have afforded much stronger ground for atributng
the act 70 the nrmity Of human nature than under the
existing circumstnces There time the ssions
TO cool and for TO its CONTROL and the
prisoner bound to discipline hi temper, and sub
de bis PASSIONS during the interval II he determined
70 hah! Ieser mep sLd to seize the first favorable
porny to avenge the wrong real supposed the law
will not permit him. after the lapse of sufficient inter
val TO set excited passions from the previous provo
cation in mitigation Of the act In this between
two three hours elapsed after the provccaon ard be-
fore the mortal blow given-a sufficient time for the
ton ard reflection And unless there circumstances
ATTENDING the giving Of the mortal blow to mitigate the
homicide there will be great difficulty in that view Of tbs
The question whether the act shall be regarded
murder granddaughter will de end very much upon
the view you take OF the in which the blow
given Now. If the prisoner had, at the time the de-
ceased went from the galley to the fore Of the ship
seized pistol rnuskst ana shot him, it would be
very deus to reduce the crime below the degree of
murder 50, he had seized axe iron bar, any
other deadly weapoR-by deadly weapon Is meant in
strument Of character that the Of It, blow from
it, like that given in the cass would naturally result in
the death of the victim This is what the regards as
deadly weapon the of which unless upon sud len
and strong provocaon, affords evidence Of malice su
Gent to make the killing murder 1t is material there
FORE for to examine particularly the facts and circum
stances attending the blow given the used and
the nature and extent of the wound and violence Of the
blow with the view of pertaining whether not there
purpose at the time 10 kill the dece .ssd whether
it affords evidence Of such Geprsved and wicked mind
to imply malice. An unlucky blow given BY small
instrument, not likely to kill does sometimes result
in the death Of the party nsads under such
ter. The jury will therefore look at the weapon,
the wound its extent and the violence Of the blow,
and determine whether there intent to kill or
accidental.
The jury in a few minutes brought in verdict OF not
guilty Of murder but guilty Of mAnshughter Sentence
deferred
THE ALLEGED MURDERS ON BOARD THE SHIP RosCIUs.
MAY 20 In the Of Capt Moloney and DR.. Chris
tan who ths morning brought up be arraigned
wss moved by Mr. Belts thas unless the cover nment
elect 10 noe psequi and to proceed further
them that the first indictments which found in the
District AID RENTED to this court be quashed. Mr..
OConor resisted the motion the part 81 the govern
n.ent and Mr. Cutting, behalf Of the defendants
ported III The decision Of the Court reserved until
to morrow morning. when both Of the DESCENDANTS will BE-