The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-17

distance are exceedingly Important and here wit
nesses usually disagree. and persons are very apt to
use general terms in reference to them. The wit
ness says that there WAS between the deceased and
the prisoner at the time the pistol was fired
three feet. The medical gentlemen examined testify
that such wound as was given when the ball
took course which this Is described to have
taken, was at greater distance than three
feet They suppose the parties to have been six feet
The witness, Banivsl, says like the other that the
prisoner went into the packing room; and in that
part corroborates his testimony But there s another
point. Did Melville have his cane elevated in q
striking position? II occurred to me that 1t was
rather singular that man whose passions were ex-
cited, should so coolly subside to state of re-
pose, as the deceased Is stated to have DONE But it
seems that Immediately after being shot, he ran into
Greenwich street. where he fell, and remaiaed in o
sitting posture; in which posture another witness,
lCharot.( in an adjoining BARRIERS shop, saw him.
cane in his hand I can see no evidence that the
prisoner had premedt ated design, after detailing
the occurrence it took place; but it is for you to
say whether they have made ont case Of man
weapon is one Of the items which 60 to show that he
had such Design But admitting that he used it, at
the same time, his passions were excited; and il he
had received sufficient provocaton, then it would not
be murder, and also if the prisoner so alarmed
that he had lost his selfpossession and was not in
position to reason. Had he any reasonable ground
to apprehend great personal injuryl And
means, have avoided the ' necessity of 6omicde3
II you answer in the negative, it will be your duty to
find him guilty of murder or maDslaughter-of muir
der, II there was premedtated design; II not, for
maDslaugkter. 1t Is question which is incuu bent
upon you to answer There is another subject to be
considered, and that u.s. the conduct and demeanor of
the prisoner after the act had been committed. I'm
mediately after the pistol was discharged he ran
away, exclaimiDg to Blanval-"Why don't you kill
that bad MANI? He put the pistol iahis pocket, and
went to the hotel where the wife Of Melville boarded,
and there in one Of the closets Of the room he was
found by the officer According to the testimony of the
officer his system very much shattered he
If he would not take stimulus to revive him. and
he assisted down ,tars. Immediately upon going
into the carriage he asked for Melville, and exclaimed
that he lad killed him in self defence. 1t is regarded
generally urfvorable circumstance If the prisoner
flies after the commission of the deed; but man who
killed smother man in self defence is always
and be is placed in unfavorabe position ;
and of the prisoners organization might very
naturally exhibit alarm. Was there any nng in the
duct Of Mrs. Melville to show any criminal
ton between herself and him? We have evidence Of
it, She stated at that De Corn concealed in the
house, ant told the place where 1t her informA
Of the prisoner She might have left him there with the
intention of keeping him until he could be secured for
she told Mrs. Barker that he there. These all
the comments which think necessary in this 1t is
in proof that the prisoner at the bar has susneda good
character but such testimony only available where the
is doubtful That you will take this up dspas
sionatey and atentivey, assured by the attention
you have thus far bestowed upon it. In Judging of the
accused you have nothing to do with his standing in
society he has violated the law of this State, 1t is
your duty to vndicate it, regardless Of consequences 1t
is rot for you to indulge in feelings of sympathy
mercy mercy il 10 be exercised it is vested elsewhere
and not in you myself II you believe the prisoner Is
guilty, you bound to find him So whatever his cir
custances may be- you believe him innocent, you will
The jury then retired but up to II O'Clock last night
they had not agreed upon a verdict.