The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-26

he thought Bob Matthews would be the last man that
o. what aid he say just before he dieiG A. Just he
have his revenge on Bob or Robert Matthew's he then
turned on his sde and died in about fifteen minutes
The counsel for the defence Jonas B. Philips then pro-
ceeded up the evidence reviewing the entire tes
tmony adduced in proof OF the innocence Of the prisoner
The District Attorney then summed up for the prose
cution, counsel occupying each about an hour with
At this time the court room was crowded with spsca
tors the greater part Of them consisting Of coored
sons, among whom this trial seems to have created q
great sensation.
Judge Roosevelt, in charging the jury, said
Gentlemen Of theJuryThe deceased Francis Johnston,
II is clear gentlemen to hs death by being stabbed
with knife, in dispute at dance house in Anthony
street. the night Of the 18th Of February About this
there can be no dispute. The only question would
seem to be- was the instrument which was used
for the purpose held BY the prisoner by Thomp-
ceased is sufficiently manifest. They had given each
other the le-they had squared off to each other-hey
had banded opprobrous epthet and clinched and scu
hed-and they II who in the attitude of
one standing with upfed stool over the other and
threatening his life. The passion, the motive, the
author Of the crime Indeed in stage OF the trial.
the inference against hun, the case then
stood appeared to be irresistible It was met.
oonfrmatory character fixing II believed, the charge
distinctly on the prisoner. Two witnesses only
his pocket deliberately thrust it into the side Of the
deceased True the deceased himself Immediately after
being Intercepted said he did not know 'swho did
As he engaged In defending himself from Thompsen
his attention might easily have been diverted from the
actual perpetrator But they saw it, and are certain.
swear that ths Anie was hell and the thrust made
by the prisoner at the bar The knife too 1t is proved
was the prisoners knfe-it few moments
after with blood upon it. in the prisoners hands, and
his way toward Orange street he boasted to his two
companions, and that repeatedly, Of having done the
deed. He to have been equally reckless In the
act and in the acknowledgment Of Its Preparation He
Wal drvuL hpfO AZ and aft ~ md
would seem TO have had no motive, except drunken
senseless love Of fight regardless OF cause and regard
been treating deceased treating him rs friend-in
dugng is true in rude jokes but exhibiting ind
no onS tbe asnt 81 rne wmoS
before he went to the dance and may fairly
drank frequently and freely at the dance There
barat Matthews porter house. from which he went and
bar at Mrs. Parker's dancing saloon to which he
And it will be recoected that the evenings entertain
ments continued from about in the evening till after
the next morning. when this fatal brought
them to close. Here ample time and ample temp
taton for indulgence and the condition Of the prisoner
Immediately after showed that he had awaited himself Of
the and yielded to the other to such extent in
deed that the witness Arthur says he staggering
evdence- say, the prisoner did the deed and did it
under the circumstances and in the condition detailed by
the Witnesses what in law the character OF the Of
fencef Is It murder, or is 1t manslAughters And
the latter, to what degree The statute d.
yides the crime Of unjustifably taking human life,
mt INTO =, murder, and four degrees Of manslaugh,
longer or shorter generalization. II the killing be Gin
the heat Of passion without design to effect DEATH but
1t becomes granddaughter In the second or third de-
gree according to the case-the manner II cruel and
usual aggrayating the offence If the killing in the heat
OF passon-no matter what the or the instru.
ment-be even "involuutary"-it may be granddaughter
in the fourth degree unless legal be offered
for it. which voluntary drunkenness certainly is not
The act OF drunken man may, perhaps In sense
and In cases. be said to be Involuntary or without
design and in the heat Of passion, Unless this be So
no IN ~ druu
short of entire insanity The only express reference to
state Of ntoxfcaton in the Of ply sican who
in such state shall unintentonrlly administer poison
resulting In death. His act in that case is made man
slaughter in the third degree-hus showing that where
Altman %an :, voluntarily and ycSus puts himself in
escape punishment under the plea that In such cond
tom he could have design" that his action Of
cessity must be "involuntary." He who gets drunk
usually designs to get drunk, and may, therefore,
fairly be said to twill" designn such
as usually result from drunkenness The utmos. In.
diligence, any, TO which he could fairly lay claim
would seem to be to have his act treated done Gin
heat OF passion and entitled that ground to such
allows to human nfrmity IT. therefore, You ~ shall find
that the prisoner and not Thompson inflicted the stab
you will convict him of murder, Of msnslaughter in
the second third or fourth degree according shall
appear that he was capable incapable excited
fused by liquor he Of deliberately entertaining
the design kill And you will bear in mind that drunk
enness although 1t may perhaps except the case Of
medical man. reduce the grade Of the crime is no de.
fence TO save Che cuprt from the penalty of imprssn-
ment however it may sometimes, IL ever shield him
from the severer punishment OF death Strictly the
rule is-and so am bound to charge you-that state
isSt % The t 4. q e .JIsfss 81 murder
The jury retired at O'Clock and after absence
Of one hour returned with verdict of Granddaughter
The District Attorney then moved for the Judgment OF
the court upon the prisoner.
The court sentenced the prisoner to years. hard
There being other business, the court adjourned
sine die.
SENTENCE OF ANDREW WILLIAMS, CONVICTED OF THE
MURDER OF HIS WIFE.
While the jury in the case Of Aaron jackson were do
hberating,
The District Attorney moved the Judgment Of the
Court upon Andrew williams, convicted Of having deli
beratey caused the death Of his wife Rosa Williams, by
poison.
Mr. Spencer counsel for defence asked the Court to
defer sentence upon this at this time. Having
fully reviewed the proceedings had in the trial. and
consultation with the gentleman who had assisted him
IN the matter he had to the conclusion that
q in which duty required that delay Of sentence
should be had.
The Court said the prisoner would have when
fenced, the benefit which he had. II he was
entitled to stay of proceedings at any time he would
equally be entitled 70 1t after sentence as before
The sentence Of the Court upon the prisoner OF the
bar then pronounced as follows
Andrew Williams you have bcen tried by an impair
tial-I may ny, in view Of their Recommendation "a
mercy sympathzing juryon a charge Of deliberately
IN cold blood, numbering an unoIending female and
that female your wife, The jury, the evidence
have found you guilty q the charge and II their verdict
be true, the Court must and does, assume it to be-
your conscience that s slumbering torpor has
been reused by the impending fate that awaits you,
cannot but acknowledge that the crime whose
enormity admits eIaggeation. Como twelve months
or so before your wifes DEATH in consequence may
be- Of her incorporate habits you had refused It ap
pears TO live with her support her. She accord
ngy, on the It'll Of June last applied 70 the authori
ties 10 compel you to give security for her main
tenance. An order 70 that effect made, you and
your friend entered into the required reoogniEance,
and, from time TO time, BY weekly monthly
instruments, you promptly fulfilled its conditions.
No complaint made Of neglect your part and
cause Of complaint existed This order being limited
by its terms to one year. would have expired In one
month from the It'll Of May. And although, the sp-
pcaon Of your vile its requirements might have been
renewed yet there was Enthusiastically ha
been offered shown-of any such intention on her
part On the contrary, on several occasions within =
few days Of her death both her language and depor
ment exhibited the most unmstakeable signs Of entire
reconciliation; and for some weeks IL would she
was in the habit of visiting you every Saturday
night She did so, we have right TO presume,