New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-28
TRIAL FOR MANsLAUGHTER.
The People vs.. Lewis rmcf, indicted for causing he
Death Of John Ward.

Death Of John Ward.
KINGS COUNTY OYER AND TERMNER-Beore Judge sasue
Justices sriLLwgLL end srxYSEK.
SECOND DAY-wEoSIsD.Y, APRIL 2, lsSl
Inc court reassembed about 10 o'clock, and one Jury
man not answering to his the District Attorney took
the occasion to aagn the following persons charged with
| burglary:
Charles 1. Hoelng on three separate indictments FAR
| burglary in the first degree pleaded not guilty.
Charles Miman, arragned four indictments for bu,
glary in the degree, likewise pleaded not guilty u
each
Ann Potts implicated with Daniel Miller in a burglar,
but against whom positive evidence could be brought
was on motion of the District Attorney discharged from
custody She had been imprisoned in the County jail since
last fall.
William SsseDger also discharged the Grand Jur,
having found no bill.
The absent juror making his appearance and giving
satisfactory for his absence the Court the case
Lewis Graef was proceeded with.
Mical Ed9an was called by the prosecution TO provs
that his son. John Eagan had not for some years ps;
been in the habit of caryng knife as testified by yaen
tine Roeder yesterday.
John p Eagap recalled by the District Attorney-W.,
present nCour when the testimony Of Reen and oeder wa
given yesterday when the aray took place stood soma
sixteen or twenty feet from w aud had nothing Whatever
in nv hand when he stabbed, unless II was a cigar,
bad not my hand raised at the time did say Ward
You uphold him and Il stick him did Tot hear slch an
expression used had not Reen from the time the al
tercation commenced until Ward was stabbed, saw him
when they all met together saw the man who went up to
McLane to ask about the doctor it not Reen when
Ward Up prisoner they mad conversation Ogeth,
er; there striking, Mctorman was nearest 10 the
party when the sabbpg occurred he perhaps twenty
distant the who said he would 90 for the doctor
! think, is musician in the Bowery ihoator he i, tall and
wore whiskers during that night drank twice whisky At
one time and wine at the other
Valentine Rodcr called and examination continued
John Friend officiating az mterpreter.-Aiter the afay
prisoner told witness that be would give information 10 the
officers of the occurrence had been in the country over
four wears when ard had hold of witness prisoner sail
Let him alone we want 10 90 home :" in answer 10 thu
question whether he had been imprisoned in this
country he said Yes discharged from the service
of Reen because he got tired working stngh because
he convicted tsteang at the time Ward was stabbed
Reen stood from 10 to - PAGES distant from the party;
does not recoec exactly he had been Knocked sense
less il was Just before Ward was stabbed mellow.
an who struck witness and knocked oil his cap one at.
tempted to to cut witness with . knife.
EH:aJtM EdgdA sworn-l> sister to John 7 Eagap,
and was aware that he carried knife tor the past three
or four years
This concluded the evidence and Theodore +. Tomln
son. Esq summed up behalf Of the prisoner in speech
of surprising ability He went into full review of the
testimony and drew from thence the conclusion that tho
prisoner who had been attacked IN the dead hour night
tv parcel of drunken rowdes had resoried to extreme
m, assures solely with the view o. projecting himself and in
hich under the circumstance, he WAS July justified lie
therefore asked for his acquual
The District Attorney Gen Duryea, conducted the pros.
ecuon with great fairness and nparialy aud resortd to
10 cXtraneous means 10 obtain conviction leaving the
contradictory rectas Of the witnesses To the ud mcn II
the Jury and the construction OF the issues OF hw 10 the
ruling of the Court
Judge Strong then addressed the Jury brief but per-
tinent and lucid charge in which he explained the several
bearings of the law applicable 10 Misunderstanding forth
the king of human being under circumstances that
would be regarded ustfable, and showing that the TAX
ing of life must be premeditated done with malice
aorehought could be construed either rs murder
malsughter any serious degree. lie minated that hu
man existence was not be tried tempered with by in.
didua except in of great emergency, and when
self protection was essential ana imperative tor the eaon
of the blood of another Whether the provocauon giyen
by deceased sufficient 10 warrant the prisoner TO nct
the fatal blow for the Jury Ia determine
The jury then retired and after absence OF nearly
hour returned verdict OF Aot GutHy