New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-17
MURDER CASES.
rERxIyER-Bsfers Jaiss
COURT OF OYER AND 'osD.r.
MrreHrrL-A r THE MURDER
TRIAL OF JAMES SMITH Pr
OF JAMES DAVE

Ctutt4 TIC
The prisoner Is charged with hsvi1s st. in
dean, by stabolng, OF deceased, IN wv" IN.
October, 1853. The prisoner is very young -
stating himssl, on his examination to have eeen IL
years of age he looks to be ls or col native OF
New-Haven, Conn, and a house-painter BY trade
In his examination before the Coroner he stated thai
he drunk al the time and deceased and him were
friends up to the time of their quarrel After his
committal by the Coroner, the charge, be escaped
but afterward returned and was again arrested. Mr..
Spencer appeared on his behalf and the Dstnet-At-
torney for the prosecution
The prisoner and deceased both bosried at the
house of Mr.. Williams, in Dover.st., and had been
there about nine days. About two O'Clock the
day in question they 90, into fight in the street.
The deceased it was said did not wish to fight and
came hack 10 the sidewalk, when prisoner followed
him drew a knife and said 10 deceased that he would
take his life. Deceased was told by some person TO
run but did not. appearing TO be paralyzed with
fright Prisoner, it was said made pass At deceased
with the knife but missed him, and then drew back
and made a second attempt, inhictlng STAB IN the
chest of deceased.
The empanneling of Jury was then proceeded
with snd The following gentlemen, after being quest
Toned as 10 bias, &c. sworn:
John Pullman Eighteenth Ward, importer; John
H. Jaeel, Eighth Ward. thread dealer; Albert Nc
Cord Twentieth Ward, grocer; James Mexican,
Sixth Ward clerk Harrison y. Badeau, Nineteenth
Ward sssh maker; Dennis Landers, Fifteenth w srd,
restaurstur; Charles Chasman Eleventh Ward, miller
John +. Quackenbush. Sixteenth Ward, umbrella
John MoKesson Eighteenth Ward, merchant; VIM.
{. hagee Sixteenth Ward, lace: Benz. =. Beekman,
Tenth Ward, ladders; DOminck Mcguire, Four
teenth Ward. straw goods.
The District Attorney opened the case, STATING tne
facts be expected 10 prove. .
The testimony was then taken, after which Mr..
Spencer after short recess, proceeded TO sum up
for defense. He alluded 70 the friendly intercourse
which bad previously existed between prisoner ana
deceased Altheug prisoner is painter by trade, he
he'd for some time followed the sea-two sallors-tley
had got into frolic fell into the meshes Of woman
of i'll fame respecting whom some nanterlng after.
ward occurred; then fight, in which deceased held
prisoner down by the hair of the head, and IN the
madness Of passion the blow was given. Mr.. Spen-
Ger con nded even if the Jury believe that DAVIS
died from n effect OF the wound OF which the Is no
evidence, II it, at most, masaughter in the thru dc.
gree. No one speaks of threat except Allen, ana
he made no mention of any such thing before the
Coroners ury--t blow, In the heat of passion,
during or Immediately cOnnediately connected with,
a fight. and while prisoner, contrary to his custom
uncer the influence of liquor. The istter u no
excuse but the cases show Il can be considered ny
the Jury in reference 20 the idea of premeditahsn:
Mr.. Spencer urged that the prisoner was alone and
frendess, bu. he felt that the Jury would con-
slider his with a much care as they would the
prOudest in the land. Mr.. y. spoke eloquontly and
with much apparent effect.
The District Attorney, in summing up contended
that clear case had been shown OF premetitated de-
sign. The point urged by defense that prisoner wa.
intoxicated at the time, was no excuse He reviewed
the evidence and insisted that it was case Of wful
murder, and he should ask, he said, OF the Jury a
verdict to that effect.
The Court in its charge explained the law a. to
murder and manslsughter and appeared. after stating
the case somewhat to lean to the idea Of lts coming
rather within the rule of manslaugh.er, lwhere life
had been ken in the heat ot passion without pre-
meditation to kill Sci rather than of murder. The
whole of it, however, a matter of fact for tue
jury In regerd to the intoXeation Of the prisoner
a. set up il is in law excuse, still the Jury are au
ihorzed in reference to the question OF previous de-
sign or malice to take it into consideration.
The Jury returned between and clock and at
late bur last night had not agreed upon verdict