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


deceased The xeap0n used Is shown to be dead
u weapon, and the wound received was shown to be
q very severe one. This wound IS upon the
collar bone, and il penetrated some three or four
i ches But says the learned counsel, what motive
could he have? The deceased Is shown, Tor long
time previous &c her death, to have yielded herself
up to vice that usually besets the male species.
Ii is shown also that the prisoner was also addicted
to that vice 1t sas also shown that the prisoner
had frequen' " demonstrated with the deceased on
her disspated habits. This vice in a female
is usually looked upon as more detestable than
in male, although the immortality is the
upon as most unnatural and disgusting. The prise
Ger had repeatedly demonstrated with the deceased
on her dissipated habits, and had finally left her.
The deceased had frequently searched after the priso
ner from store TO store, and he had evidently grown
weary Of his connection-n fact he had grown tired
of this Illicit intercourse and had become Disguised
with her-he had become tired Of her company and
OF her repeated searches after hm and in view OF all
these facts he formed the fell determination Oftaking
her life The deceased is said to have been uncom-
mon so far as her charms were concerned. Gentle
men OF the jury, you are TO judge upon these facts
what the motives fthe prisoner in this act and
how far he intended to kill do not desire to dis ,uss
any other question have been unable in this case as
detailed to perceive single feature to rob it Of that
awful possibility which he has voluntarily incurred
lam assured thatyou will do your duty toward the COM
munity in which you reside, and whose servant you
are. Inder damnatM cum n0cens absoLvetur; or.
the Judge or Jury is censured when delinquent is
acquitted. The wound found upon the body Of the
deceased, gentlemen, was of such nature as showed
plainly that the knife had inflicted two wounds-one
dosnwards and outwards, and another was down
wards and forwards. Some allusion was made to
the operation that performed over the wound at
the New York Hospital, aod the counsel for the de-
fence coDtended that the death of the deceased
produced by some NAL practice on the part OF sur
geons. But it is satisfactorily proved that the said
operation was performed by skilful surgeons; that
consultation was held, and the only medical testi
hou hnavl oPf 4, haf nIi
the gentlemen who had control Of the hosp-
tai were physicians and surgeons of great ex-
perience. The witness, CDR. Agnew,) depossd that
the operation was skifally performed by skilfu sur
geons, and 1t was further depOsed that there was
consultation held. In case where malpra ;tce is
sought to be proved, the charge should be fdlly
proved by competent witnes but there Is no te5t
moDy Of that Kind. Some testimony has been given
here 10 reference to the character of the accused
The rule Of law on that point is, that where case
admits Of great deal of doubt, such evidence is ad
Missile, but without this it is not important. The
prisoner, according TO the testimony on his behalf
has been known as q man of fair character, and up
to the time of the murder has conducted himself like
good citizen, although he has been lately addicted
to habits OF intemperance. In my own mind there is
no reasonable doubt that the accused is guilty Of the
crime with which he is charged.
Judge Edwards then delivered his charge. he
said
The prisoner at the bar stands indicted for the
murder OF Susan McAnnanny. The statute declares
q
not necessary that the design should have been
formed long anterior to the commission of the act
1t is proper for the jury to look at the probable mo-
tive Of the party accused for committing the act and
it is also proper to look at the kind OF weapon used
Manslaughter in the third degree Is the killing Of
man In the heat OF passion with dangerous weapon,
without design or premedtaton. To make out
case Of manslaugh it mu { appear to you that the
party accused did the act in the heat OF passion and
without design to effect death. 1t is not necessary
that he should be in passion, but it must be with
design to effect death, and that heat OF pas
sion must be produced by sufi ient proyoca-
er the party is in passion, bu: whether
there is sufficient provocation sufficient to
dethrone reason and put the party out Of his right
mind depriying him Of his power to deliberate The
witness, O'Connor, says that the deceased and the
prisoner came in together and that the prisoner went
up to the bar and asked for glass OF wine. The
witness says that he told the prisoner that he had
already ordered glass, which he had not finished
as yet The glass Of wine was given to the prisoner,
notwithstanding. He took it and went to TIE back
part OF the room and after he had been there few
the witness heard the scream of the deceased
ana heard call for asss lance "Johnay is gong to
str1ke me-, or something OF that The dece Ased
theu seen running out, anu Tie prisoner follow
ing her. The prisoner had a dirk in hi, hand
which was elevated in the air, and his hand vas
seen to come down in such manner as ii he was
going 70 strike. The deceased, according 70 evil
dence, attempting to dodge the blows. The wit
nesses examined are entirely credible and uncoDtra-
statements. There was another witness, the
nate OF ship, who was present at the time.
This witness went inside OF the house and saw the
blow struck, and afterwards the girl ran out of the
tore. The prisoner followed with the weapon in his
hand. These facts are proved beyond doubt. Two
OF the witnesses men of unquestonabe chara ter
and these stated the simple facts of the case. Do
these facts prove case OF murder or Of mansaugh-
ter in the third degree If you ud that the prisoner
acted solely under the influence Of passion excited
by adequate cause, you will find verdict of man
slaughter III the third degree. IT, on the contrary
you find premeditated design, you will bring in
verdict Of murder
The jury then retired for about an hour. When
they returned the usual question was put to them
Do you find the prisoner at the bar guilty or not
guilty?
The fireman of the jury answered, /" Gully" and
the We dict was so recorded.
At this dreadful moment the prisoner preserved
his equsnimity in a remarkable degree, never chang
ing muscle OF his countenance and turning not
shade paler than usual during the delivery Of the
verdict.
The Court then adjourned to Monday at 10
o'clock.
Sentence Of the SQUIRT on Louis De Corn.
While the jury in the case of Hoare were in de-
liberation, the District Attorney moved the sentence
Of the court on Louis De Corn convicted Of the man
slaughter Of Eugene Melville.
The Clerk asked the prisoner what he had to say
why the sentence Of the law should not be passed
upon bin?
Louis De Corn then read the following statement,
in French =
MIR. DE coRN's STATEMENT.
never had any improper relations with Mrs. Mel
vile. l was the friend both of the husband and of
tine wife. After the separation OF Mrs. Melville from
hor bnshand T1aArnad that MaivilIa confinuo 10