The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-20

trial for the crime Of murder. The prosecution was
conducted fairly and literally, and you were faith
fully and ably defended. The jury, as they had
right to do under the indictment, have found you
guilty OF manslaughser in the third degree; and
think that their verdict was correct There are some
circumstances which is proper for to alude to at
this time The testimony showed, that on the morn
ing when the melancholy event occurred the de-
large and heavy cane which he had not been seen to
carry before, and that he was in state OF unusual
excitement. He was shown 10 have been man OF
violent and ungoyeinable temper. lie made inq9t
that although he was told by those who were present
that you were not there, he insisted upon looking
in ali the parts OF your premises where there was any
probability Of your being, and even compeled one
of the persons in your employment to unlock your
Office He went out, and shortly afterwards returned,
renewing his inquiries for you, and exhibiting the
same excited feelings he had shown during his
first visit and both Of the boys who were in your
employment say that his anger was such that II ter
rified them. He took his position where he could
see you ut whichever door you entered. When you
came in, he advanced toward you, and when ne had
reached you he held out letter in one hand and
cane in the other, grasped in the niddle, as 1t Is
used in parts Of France in species Of dangerous
assault called the sabbd in which hehad boosted that
he was skilled, and he raised his cane as II ne
intended to strike you. At the same nme
spoke to you i'll the French language, which, the
only witness who was present, did not understand
and we are obliged to conjecture what he said
From the character Of the man from his excited
state of feeling and from the threatening attitude
in which he stood, come to no other conclusion
than that his language was that Of menace and
think that you entitled to the benefit OF that pre-
sumption. Such, probably, was the opinion OF the
testified upon the trial, says that you said wait,
or "wait lttle.n Upon this point have not the
slightest doubt, in my own mind, that the
witness was mistaken for he also testified,
:,,ka v.o hinIr
had previously had with the deceased, you
always spoke in French; that on the day
Of the fatal occurrence, your conversation mad all
been in that language; and 1t is to my mind lmpro
feeling in which you must have been, you should to
one of your countrymen for the first time, have
expressed yourself in foreign and unfamiliar tongue
Again. the boy testified that when you Left the de-
ceased he leaned back upon his cane. TWAS proved
that Immediately after he was shot he ran and fell,
and person occupying an adjoining room went to
the place where he had fallen and found him still
alive, with the cane grasped In the middle. Know
ing the disposition and temper Of the man, and
knowing that he was highly excited at the time,
cannot believe that he thus suddenly assumed
an attitude of even unusual calmness and re.
pose. In this, too, think that the witness
was mistaken. In reference to the remainder OF
your interview with the deceased, the boy testified
that you ran to the packing room, and Immediately
came out and advanced towards the deceased, and
shot him. He also said that Yhen you ran the de.
the boy stated what he unquestionably believed to
be the truth. This part of the statement | under
stand that you have always denied. But it could
not be disbelieved disregarded by the jury. The
most that they could do was to examine it with eau
ton. They undoubtedly did So and In giving their
verdict they came to the COL clusion that, although
you had failed in the justification which you attempt
ed still that you were SO much excited and provoked
by the angry assault which had been made upon
you. that you we're not in condition to form that
premeditated design to take life, which Is necessary
to constitute the crime OF murder. The statement
which has been made by you Is, that you ran from
the deceased to the packing room to fud assistance;
that you Immediately ran out Of the room, when you
met the deceased standing by the door, and that then
believing that all chance OF escape was gone, you
shot at him. This statement is not improbable. If
it be true, it is your misfortune that you were not
able to prove it. But, in the exercise of my best
judgment, and with full sense of my own response.
billty, I think | ought not to overlook the fact
s aanzei as hs was and IN the
state of mind in which the proof shews that he must
have been, should have followed you when you fled;
and considering the exceeding and unusual tmidity
exhibited il am to look al the mere pr liabilities OF
the case, believe it to be more probable that he
should have pursued you than that you should have
pursued him. 1t lie not improbable hat the attention
Of the boy being drawn towards you when you ran
he did not notice whether the deceased followed you
or not. AID whea he next observed him. not s"sias
eceu nm cnaDge his pcostiou, ne received the ltn
preston that be did not advance towards you, but
that you advanced towards him. With these impress
sions upon my mind, although believe TIE verdict
Of the jury to be correct, and fully warranted by the
evidence, yet am not disposed to impose tue highest
penalty which is rescrbed by the law. The statute
third degree shall be Imprisonment for not more
than four, nor less than two years. The sentence
of the Court, il, that you be Imprisoned Ia the
State prison for two years and ten months.