The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
MURDER TRIAL IN BROOKLYN.
Trial OF John N. Il. Tucker, for the Murder Of
his Child.

Before Hon. s B. Strong, H. A. Moore, County Judge,
and justices s:ilwen ard stryker.
sNiH DAY.
pKc IA On the Assembling Of the Ccur, this morning,
he presiding Judge delivered tire following
CHANGE.
Gentlemen Of the Jury;-The duty now devolves upon
you 10 determine whether the prisoner Is guilty Of the
heavy crime with which he charged or guilty
whether he to be sent at large among his fellow men,
incocent but most unfortunate man. whether he
- 10 BE- consigned TO IN gnominous death upon the
gsnows. Ihave no doubt that you fully aware Of
and appreciate the important duty you have TO PERFORM
have NO doubt that you entered upon IL vito deter
ination to DO that duty faithfully When the enquiries
made u you when you into the jury box, you
answered without hesitation, and in manner TO show
that you would not perform it in the way yoa owe to
your conscience you to yourselves and owe to the
community. You win not be affected BY the feeling
which prevails to great extent, that It is not lawful
Ter man to take the life Of his fellow know that
this feeling prevails great extent but it is the law
The law Of the country, the law which has been found
best; and those who have been accustomed to
preside practise In the criminal courts arrived
spe II cannot be denied that from this feeling iures
have often been ready listen 20 any excuse that can
be made and many criminals have escaped because per-
haps they have excited the of the Jury
aud because they had repugnance to take away life
From this murder has become frequent,
has right expect it to be protected trust gentle
men, NO feeling OF that kind exists among you and that
70. viii listen to me as you have done 10 the evidence
and determine according to the law and fact with such
feelings as shoud exist in the jury box The questions
put BY you in the OF the trial evinces anxiety
on your part 70 be IN possession Of the whole
the question which rejected One Of you asked
opinion Of q witness who was not professional man
that rejected because the law would not allow it,
The law would not allow il, because It ia con.
silered very unreliable. 1t is as have stated the
DUTY OF the Court to charge you upon the law, and
fhar nnfu hoo hoou .sao1 uwvs&h
gre heard the defendants counsel speak Of the Cour
cross examining The Witnesses" II certainly
the intention VI the court to anime any
tie way counsel would nor in the same sense There
great anxiety to elicit facts and that all 1t
undoubtedly the duty of the Court to be, to
tent the counsel Of the prisoner The Court is bound
TO his rights violated and to have the evil
sence eiicied but the Court duty to the public,
and, gentlemen, dc you And tine Court is certainly
not far bound act as counsel for the prisoner as
not 10 call for evidence
IIhe defendants counsel at subsequent stage Of the
charge expressed his regret at having used the term
"cross- examine" and disclamed any such offensive
meaning appeared to be attributed to it, aud his
The Judge proceeded- Court is bound to lay down
the law. 1t has been stated that the jury the judges
Of the law and the fact in Of murder That is
not If it were it woul be monstrously difficult
jury to discharge their duties they would not only
made it their study would be called upon to de-
eide nice questions OF law. The law has imposed
on the Court the duty of deciding upon the law and
case Of libel the statute has made the jury Judges Of
the law and the fact" but this is the oay know
Of In all other they must receive the law from
the Court The more important duty, and which they
can better do is to decide the fact and they bound
to decide 1t 1t is submitted to them. There In
danger in submitting these to them long they
ssre sufficient evidence and permit doubts TO the
reasonable convictions that ought to prevail in the
minds Of the jury have very often found that the
most intelligent men require more evidence to satisfy
them than people Of less capacity man Of capaci
y will take up facts upon supposition when intelligent
men will require proof The prisoner Is, have be-
1ere stated now on trial for murkerthe highest crime
N The land place + before treason, because II in.
can be- il increases in depravty where the murder is
that Of his offspring OF tender years. It is for
nd ss%s Is s' fo that such the ss%s
- this that he is to be tried. It il Of
70
nted the act the next, the circumstances that give
character to that ac and next the circumstances that
frstwas the boy killed by his father At the bar twas
the evidence Of such character to leave any doubt
sntis only No one behed the deed who can give any
h prsciuded protected BY law, and child Of tender
age and infant eighteen months old The evidence,
however, Of that character that it Is impossible
s the very clear that the prisoner committed the
proceeded from his wife. There other person
there; and If could for moment think it posi-
DE 70 BE- the mother Sho had killed her child We have
outside the house and the prisoner escaping from
the window, hanging ty his hands in position very
dfcuh TO recover from; but It seems he did
The door fastened; but without waiting to open
it, they broke In and entered the room, where the most
ssif there il little discrepancy in the statement oi
Ne witnesses here. One says he was kneeling the
child, and tho other says he was upon the wife. He
rasor was covered with blood There was no other in
Mrument which could have done the deed. 1t waslrcek
asa these ars e Indicate that this shs
who committed the act There cannot be any doubt
the mind Of any reasonable man. The next question
10 whether It with intent to commit the crime Of
nurdsr. Murder-as far applicable to tbs present
esse-is the taking Of life with the intent prsmed
tation his would sometimes m, nisead jures They
suppose there must b intention some time before;
bat the Language has received recently very proper
eonstruction from the highest court in this State
whether i was iosd ssost or T'i long g. sns s &:
ssS.r evidence Ssas than The ct itself we mass
take that jures are bound to judge from that whe
, e.
Fer this the prosecution s not bound to bring
any other evidence beyond the act itself Men sup
Dah and IN the absence Of evidence Of sudden passion
The NV pronounces IL to b murder. II there any
i III ; g,. n:
not calculated tn take life: IT, you must say, was
then the life Of this unfortunate child taken BY this
soxeatsd he cannot form design with the deter.
ninaaion when he 10 not; but still he can sum
Ctently 70 ren0or MIN omenA0bo 10 tno law, ana
Ne are bound to say, although . man Is in.
tsxicatsd, yet he was sufhciently capable Of
forming design to constitute murder 30 that II
ysu come the determination he intoxicated you
oannet say he did not form design. sometimes whore
~nder circumstances Of strong provocatou and in the
Asat Of passion ct injury rece ct the time, the
NV viii pronounce the crime to DO mAnslaughter only
Ist the jury cannot raise such superstition unless
theEe L. something upon which they can base It, But in
tAs unfortunate case there anything that satisfy
jury he aborng under provOcatonf Is 1t reasona
he to suppose that child three years old could provoke
II parent guardian and protector to provoke such
barbarous actf not, then there IL nothing TO ground
such . construction. l am aware that many juries
from motives mercy inclined to mitigate the crime
Of murder; but remember, when you In the jury box
you have sworn . solemn oath; and probably you will
come TO the determination TO agree with the District At
torney in his openngeither that it 10 murder 1t Is
nothing. Jon come to the determination that he
killed It, and killed 1t Intentionally, then II
win become important to consider the excuse
set mp; and the probability IL that that il
the most important question you have 70 decide
whether this far deprived OF his reason not
~ Temporary cause, that at the time he commit
r -