The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-11
Sentence o. HshsEt r. 0sahan Gbx che IA.
unlesde ~ Chaxlsg L0ging.


\ OYER AND TkRuINM,
Before Judge Mitchell Casa
Nov. lo-Robert NJ. Graham was brought int cesse
TO have sentence passed upon him He was represented
by his counsel. James r. Whiting. Esq. He wss usse-
tended by Mrs Graham any Of the frieaAs
who were present during the trial His countenanos
! pale and betokened mental suffering
Mr. Whiting suggested to the Court that sentence
might be deferred til argument for new trial shousa
| have been heard.
Judge Mitchell would sign the bill Of exceptions, psss
sentence now bat suspend It's operation uul the ques
| ton decided.
The bill q exceptions wa thereupon signed re
Clerk Of the Court propoupded the usual question Ia tAs
he had TO say why sentence SHOULD us4
be passed upon him.
The prisoner answered that he had nothing to sAy
Judge Mitchell then, addressing Me prisoner, pro.
nounced upon him the following
SENTENCE.
Robert NJ. Grahani-You have been indicted for -
murder of Charles Loring. You have been tried, "a
the jury have found you--not guilty Of murder bat
guilty OF manslaughcr in the second degree. o. t.
trial, the court avoided all comment the ovideao4
and any nnuson II which might in any way indios1s
its opinion 10 the facts Of the case leaving that At
ter to jury in whose intelligence and uprightness snG
fitness II could safely rely 1t would be most agreeabe
to the court stu to pursue the same and =
would do 1t not that It has to dctcrnine witl
certain limits the Of punishment TO be inflicted
The punishment prescribed by the statute for the crs
Of which you found guilty is, Imprisonment in the
State prison for a period not less than four ns~
than seven years. that crime approaches
nearly to the next higher to tho next low
or degree crime should the punishment approach
nearer to the longest shortest Of imprisonment
To mine this requires notice Of the evidence
Such parts only will be referred to admit Of
sonaLe doubt On the night Of the LIST and morning "
the I'd Of August last you and Major Iorng occupied
separate apartments in the second story OF the St. Niche
las Hotel both opening into common corridor. Y0u
suffering from burning thirst and In the morn
ing, before O'Clock, you left your bedroom with NO
thing hut your night clothes and went into the pubic
corridor and there struck ten fifteen times the ben
hanging there Major lorngs wife was sick and he and
she disturbed by the noise He from his bed and
went the door Of his and seeing YOU said "Ah,
sir is it your You made reply and he retired -
his bed In few moments you again rang the bell vi0-
lently Major Ioring again TO the door aud saide
"lou will oblge me, sir, II you do not ring
You that you had ringing bell TIVE
hours in your room and could not get IN answer and
that you rang the bell to get servant RYAN Major I"rns
You answered that you would have the maid or any
who answered that bell Major Ioring naturally
Piled that You wished TO the maid you had better
10 into the and put your pants you nos
in CT condition to the maid or the man either You
any woman in the house; that you would dress you
damned please adding in reference appears to tho
cut his heart out when he comes" Again you nads
some remark to Major Lorng which not heard by his
wife, and to which he replied Don't repeat those words
again sir or viii smash your head" He again retircA
TO his bed when you again struck the bell about thirty
times Major orng asaS rose Put on on his Gan,aS .
II will see II can lnd servant" He went according
ly to the bookkccper Of the house, and in doing -
room saving as you passed along ~ will be id -"
The rest was not heard You dressed yourself put On
hat took win rnv h"d I ,asen
you came TO the head Of the stairs leading down
to the bookkeepcr's room on the first story In the
keeper and inquired OF him who il was that ringing
The bell. After inquiry Mr.. Wilson concluded thAt
il was YOU and said that he knew you knew you TO h
gentleman and endeavored to excuse you and said he
would go and sec you, or go and remove the difficulty
or win shoot him dead at the door, I'll be ID I
don't" You were at this time SO far from the plaza
hs ss
ever showed the excited and exasperated feelings Of
Major Loring. Major Lorng then went up the stairs to
go 10 his room and he was next seen standing On
The top Of the stairs at the nearest to his
room and which would be in the direct way 10 It, You,
stairs, but opposite to tho middle Of the stairway Mr.
Rogers passing with lady, heard Major iosine
which was ssmy wife, The preceding facsmay an
up what probably the rest OF the sentence Your
or you.' Mr. Rogers then passed on with the sdy.
and on his return in few minutes, or momentsi
h s the words an "a
Major Loring say 'tlere were some ladies' or lady
there and your answer ,you lie =, He then saw y.
"sand on, sir, and saw him raise both his hands o. ~
10 push you on you both closed Together stree
gle between you for few moments; then saw 4ajor-
Lorng 20 back few PAGES, and heard him cry 81
stabbed You then let him 60, and he staggered ara
fell his face and in few moments breathed his las
Mr. Rogers you and Major Loring each with bctfA
hands raised; he could rot say whether Major Iorin
ncid Of the cane with your right hand that afer 6
vas drawn you Immediately stab to Major Icrin
willie bis hands were ul,-an in q moment; that e
M vIa !E0 pf1h Uiv Ma
cayc ecrt If lungc sort Of lefhanded clinch, with
Lis lett hand you; md that he was falling when hs
put his arm aroxnd you and Mr. Rogers thought that
he did this not give llow, but to himself frss
falng According 10 Mr.. Rogers's observation you re-
the fatal stab given and Maos lorng followed yesg
you still however, holding on to the swori-cane Or thu
was ' iong who and you who oiios
Mr.. Eogcrs's observation confirmed by anothe
witness and seems most probable from the position
the parties There for Major Loring to ~
he had betn standing az the corner OF the stair
Your stepping. back cannot be properly said to b.,
tonahan The witness called BY Sou the fatal agr.y
According to his statement be heard you call Macr
Lorng liar Major Loring then raised his hand and
gave you blew with the fat of his hand the zar nf
our head, but with 50 much foroc that You
losing your balance. You them made An effort to draw
tie cane Major Lo,g I hand On On. the
u IT, He and You struggled for the almost sscc.
BE got the sheath "itic immediately from his
et and instantly closed again. you placing your lett
hand Major Lorng's shoulder, and your right hanA
to his back; tand the fatal stab given BY yOu -
Major Lcring staggered and fell, and in few nfnstss
corpse There witnesses who thougfA
they motion Of your hands while tho swsr
was in the body, intended TO make the. death &
The victim of your passion more certain. =
medical evidence tended to make this mIroesa
and the Jury by this verdict have acquitted you Of q,
such design STILL the circumstances that have been de-
tailed such that IL here had been in statute
description 81 granddaughter IN the first degree appoa
bic cases ARRAYS, and II the jury had found yc,r
guilty Of that higher grade Of offence the court wout
Lave been bound 10 carry out their verdict You hre
insulted Major Loving and his wife at his door, you
met him Mt the siairxayycu armed and he unarnel-
lie demonstrated with you your previous misconduct.
perhaps apgrily as he had done before. You agH
insulted him am, his wife, and calkd him liar. Msw
turned these insults with blow from his naked hand,
and vou--the original aggressor--drcw your sword
stepped back and closing On him killed. him -
the spot. II il proper. therefore, that the en-