New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-29

In accordance With the customary Iarms o. TIE cng,h
2w necessary 70 the maintenance Of charge Of man
slaughter sccused charged with having committed
assault He should take Bsckstones definition Of the
resuirg Of t@ uanfaHghter; "Msnslsughtsr IS De
f1 ed 10 be the Unlawful killing OF another wltnou, NAL
ice, express implied Snd may b. ether voluntarily
"DpcD sudden hest of passion. or nyOictkriy IN me
"eCmrs sion unlawful set neggen'ly ia doing
lsv mi act will be that in every case OF nsa
slaughter there b. oct a0a, That the onssi5l
20 ca &C; does not constitute iEsaagster lie wsud
ar that act had been committed Would net the de
tercsri in this case rik has le if be rsked The lives
f his passengers Was reasonable hsf be, any MAJ,
would recklessy risk his and the lives Of his fellow
men He then, support OF his Argument quoted Greens
"a of English Common Law Ia this !. argued
that of aud not OF Is
" sustain criminal charge An at Of omission may
be Statutory offence, in the state ct Ner York, ana rs
is provided in State Connect u bat L cannot
be ccnsuued INTO cmiBal act or Odrncs a. Z 'mm0n
Law The DUTY of keeping look ou' We contend De.
wolves on tie Engineer Had the Conductor called away
the Ergn This sccd nj had occurred during such
absence heD the Conductor might legally hSve been hd
erin nsiy responsible. Il IS acm;,d that the defendant
The Conductor 81 that train Ii there negligent
Engineer thu train tue Conductor NJ, 10 blame az
b. 90 Iot appoint him nor could he oischsrga him. Ii
any misconduct the part OF E nser pat
the baue the parties who place. him there Il ney
deserving OF blame, but not up N the defendant
smsp r charged With the general supervision OF ne
vi ole Of the sJbor mates Of extensive establish nen
those suboFoinaes taken for granted 20 os
tent TO tie proper dch arge their several dls-ss they
in this cssesno this General Supervisor who has
no pOver 10 ccharge or employ any one ot the suoord
nstes Cud b. be held respous Die for their der )n'
duty We think the question, its bearings snd answer
apparent We olsm that oy the construction Of Rae
Of The CONF snys Regulations, the Conductor IS only
repoI sb for the management OF train ter the starting
soppiFg s. stsii and for collisions with opposing
trains Tie Ii is the person whom d-voves ths
duty king out for the open or shat draw Why Is this
Arrangement Becsuse the Conductor. when ne gets on 4,
Ssiop sees the time table at that depot when the opp
sing train is to be expected and also bis tram Ia time
or out OF time The duty Of the Engineer, from his eie
waited and forward position, is 10 Ook out for al danger
ar, al ard to take proper precauOn against that danger
arHfa
fence OF nearly four hours in length and the mass OF author
tiles which be quoted in support Of his posit) were i'm
mersely voluminous After the learned counsel had coa
ouced bis defense Judge Taylor proceeded to charge the
jrnGE's CHARGE TO THE JURY.
entfafn: The prisoner is charged with manslaugher
in three different forms That he the conductor Of
train running from Newly to Boston and ran neg
ligeI tly TO the death of DR.. Welch.
Gentlemen Of the Jury-in approaching trial you are
TO ove. yourselves Of all bias and decide this case, like
all ether cases, in accordance to law and order.
The definition otmansaughtaris Killing without malice
".lpress implied &c The prosecution CLAIMS that
the defendant has 20 Mt DILIGENTLY discharged his day to
cause the destb of DR. WEIGH
lis charged that the death Of DR. WEIGH caused by
the negligence Of deendsn, while conductor OF that train
The prosecution claimed further that It WAS the duty OF
the conductor TO regulate the speed OF thst train around
that further charged that the rate OF speed was
dangerous and they the prOsecuOn say they have pro-
Witnesses passengers in the train, who testify that
the rate Of speed that pont Was As great ST any other
point on the rao They claim to have proved oy the tss
lin ory of Whistler that the rdinsry sped So miles
per hour They have introduced tbs evldeace OF dsn
tuish,d mathematician, who has testified to calculations
s6e by him. tending 10 show the speed OF thus tran
They further clam that Il was the conductors duty 10
otck the speed around that curve And having permitted
il 10 al dangerous rate OF speed through w1ich
The accident occurred they claim that the bsm- should De
i'm, ued 10 the defendant wtOse negligence they aege
caused that accident.
The defne claEi that the speed of this train was its or
Gnsry rste around that and they say they have
proved this BY those witnesses who were in position
to know And further that the steam vas shut Oh in the
cut and the speed Of the train sensoy decreased
That The duties of Conduct are not as claimed oy the
that they have right to suppose the draw
was cIo.ed sud the signal right and that it was not part
If ces ndsnts busnt SO TO look out for signals.
Gsn,lemsn You the Judges Of hs law and fsc'; the
law authorizes instruct you upon the law but that 10
siIucion you not bound to regard
One agent not responsible for the act OF another and
there is difference between civil aud criminal prose
cuti,p The law will held pTiy civiy liable when II
viii not hold him crmnsy responsible. The defendant
CLAIMS the disc hsrge Of lawful duty It the
time The prosecution must show that he did some act
erdrg 10 eynce careessuess and reckessness In con
d. cling that train Such Is undoubtedly the law out
fufher instruct YOU that il that train going az an i'm
proper rate If speed you believe il the duty OF
II conductor To check i, and that he neshgendy dis
charged biz duty in permitting that train TO run around ina,
such improper rate Of speed As alleged oy the
prCsecuiion he would be clearly liable TO the charge OF
usnssugLttr But if you have any reasonable doubt the
defender should have the benefit Of that doubt Gentle
men the facts and the law with you, and you will
return such verdict as you may think proper
After the delivery of the Judges charge. the Court took
receis until clock r n, the jury retiring TO coasider
their verdict In Connecticut tbs Jurors are not Kept
influences as IN other states but ara per
nit, 10 90 to their several homes until such time they
have conclusion on the case submitted to them
for scti. H. A enc Of $780, however is imposed on any
leIson not Juror who shall bs guilty OF mentioning the
uh. under consideration them before they give their
yeId q.
AFTERNOON SESSION.
Al : clock III, q large number OF persons, ANXIOUS
10 the verdict Of the Jury took seats 10 the Court
House many of them were ladies' who appeared 10 be
n UGH Interested in the result of the trial
AT ocock the Jury entered, and asked Tor further
tin hey had not agreed verdict winch request
was duly granted, and they again retired
At O'clo the Jury returned, and amid silence tnN
wss only broken by the sobs Of number OF ladies' whose
tears fr the prisoner wrought painfully their feelings
their nsmes we're called On being again questioned II
they had agreed, the Foreman again answered No.
The Judge told them he thought Vas matter Of mucn
in rance and which they should give further a.
t.ntion The Foreman answered that he thought II WAS
useless but they could carry the case into next week
when the result might be different The Judge allowed
them SO 70 adjourned the case TO ii A. NJ On Moa
csy II ornipg when the Jury will again appear
Public opinion in the neghborhood OF tbs place OF his
hss already scqued Ccmsock OF blame. The Jury would
bsy returned verdict al once but for the opPoon or
one or their body who sac 20 entertain console
rsbe persona feeling in the matter IL not pro oaoe s
The Jury will agree verdict In that Case ao"e pro
sequi viii be entered, and the defendant discharged
tucker the engineer, will be tried at bridgeport on tne
sane charge in December next. IL Is thought that the
State will be able TO sustain the charge against him. ou,
IS not key that any punishment viii be inflicted, as the
uric rtuL ID somewhat dersnged from lgn ana 10
ures Which 10 received by the accident Tbs sAie Of
ulo AZ been further engelcered by severe domestic De-
reayen tnte. =