The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-11
M p County Court OfOyer and Terminer.
Bef6k6 Hon. Judge Rockwell presding Hon. H. A.
Moore, County Judge, and Justices Stilwen and

TRIAL OF WILLIAM BRENNAN FOR THE MURDER OF
MICHAEL KORAN.
FOURTH DAY
CONCLUSION or TIE CAsE-vERDIcT OF MANsLAUGH-
TER IN THE FOURTH DEGREE.
MARCH l0.-On the re-assembling of the court this
morning, District Attorney Under6n proceeded to ad
1resa the jury on the part Of the prosecution.
He alluded to the length Of time that had already been
occupied in the trial Of this and he thought
Justly ~ 1t should be thoroughly examined in order to
Arrive at correct concuson that the rights of the
public well the defendant might be vndicated He
ontended that this was case Of murder fully within
The meaning Of the statutes; that killing intended
although no particular person upon which to commit the
put In requisition, which of itself violation of law
death ensuing In consequence of its use, the defend
charged In detailing the facts Of the case, he admitted
there was some disturbance at the before the
tragedy occurred but audng to the Witnesses
sid ne never heard evidence taken all together which
oincided In all essential particulars thoroughly There
we're some slight discrepancies but o whole, 1t
circumstances Of the affair." and indicated the witnesses
or the prosecution, and especially Ayres from the
an s. , for
Der and difficulty arising, the prisoner brought in .
sword which he hourshed about his head being induced
brought down gun and shot Koran dead whether
was loaded with shot with bullet, was no
Ito discharge From the evidence of Ayers it appears
he saw the prisoner cock the and even describes
icc and as Il was shown that Brennan had no coat
accidentally drawn back by becoming entanged and 1t
therefore evident that it must have been placed in
that position by the fingers Of defendant himself and
discharged TWAS said, the part Of the defence, that
acquaintanceship existed between the prise
and deceased and yet not single witness brough
forward to prove this assertion BE had doubt that III
defendant exhibited degree of rcmorse after he wha
he had done and that he had excellent chsrac
ter he fully admitted but this court of justice and
M became necessary to inquire into the motives which
actuaed him in committing so henousa crime against tn
out accordingly Having reviewed the substantial facts
elected by the testimony he concluded by referring to
the efects Of the melancholy tragedy and having dis
fully as he had endeayored to do.
Counsel for defence made few observations in favo
OF the prisoner when the Court proceeded to charge th
jury.
CHARGE OF THE COURT.
Judge Rockwell said that this case had consumed q
considerable length Of time but longer than 1t de-
manded, it Of that character which required
elaboration The prisoner at the bar stands In
the greater offence well as the lesser, he may
be convicted Of what the jury may think Is estab.
are offences at tine aw Su
the whole has now been codiHed by the Legislature,
and all is embraced in the statutes. (He here
the statutes relating to the various degrees Of
a classified in general manner and those sections
which define homicide If person breaks into house
to steal and accidentally kills man. while in the pur
guit Of another object he is guilty Of murder also in
case where the killing is perpetraed with premedi-
lated design such a. laying in wait for OF poisoning
take life. 1t is likewise murder where perpetrated with
depraved mind, with malice aforehought for malice is
BY counsel for defence as for instance where gAn is
discharged into crowd Of people, where person
may stand beneath when It appears to certainty that
death must occur in consequence it is inferred that he
has deprayed mind, regardless Of human life or
the case of stage driver who recklessy drives
little children in the street. the inference would be the
same In my opinion if the prisoner is convicted must
be under the of the statute The
qury in the first place would be, did he kill the
This very difficult point to arrive at in most of
the kind but here i is perfectly can be no
pressed the barrel against the breast Of Horan and that
the subsequent discharge caused instant death. The
To come within the meaning Of the second sub division
All killing is presumed to be malicious unless proved
duty Of the Jury to Convict Did the prisoner do an act
imminently dangerous to others 1t is claimed on
the part Of the prosecution that he did by bringing
breast Of Horan whether he pA dd bring that
gun down-whether he did cock it-whether he did
loaded with shot with bullet is for the jury to de-
tsrmine The next question is if this act immi
nsnt dangerous to others did eyince reckless and
4iNq Of crime, in this well as in all other cases
n Apts the inquiry whether it wlfully perpetrated
eet; in most must infer them from outward
circumstance which is the only way we arrive ct
therefore, murder until the contrary sppears Another
coming under the same head is whore intends the
natural and probable consequences Of the act he per-
4 e natural to suppose that he intends to kill It L
deadly weapon, used in the manner It intended
that the man using it had deadly motive. This
Is murder when perpetrated by act mminently dan
question to be investigated is Was there any necessity
in this case to deadly weaponone designed to klll
The evidence having been fully stated BY counsel shall
not review it, but will say that the defendant keeps
enter and buy drinks Koran and his three companions
came in there to get drinks No In ut the time
but the barkeeper and Murphy The first thing for
him TO give or sell liquor to drunken man. and drink
With him The company took seats and al drank more
sludon had been made to him. advanced towards Ayres
and was knocked down. It seems then Koran took hold
Of Murphy, and tried to keep him in his chair. This
occasoned noise which the residing up star
thought nothing than the moving Of chairs but IL
was enough to bring down Brennan, who came and in
terered According to the testimony, he went out
stating that he would settle that something like it.
He then went into adjoining room, and brought out
sword-a deadly weapon-which he aourished about, evil
IDENTITY for the purpose Of frightening the parties Blu!
during the interval the parties became separated and
sne q the McDonads was leading Koran OUT Ayers wal
OUTSIDE the sill Of the door. Then brennan appeared
ON the stage with loaded gun In his hand is for you
to judge whether there necessity for deadly
pom Under these circumstances. If they going Out
Of tn house there was no necessity for using it. There
il nospute about presenting the muzzle and t.
che inent-t Is important to consider whether it was
fsssssr to use loaded weapon to expel them from
h hose. In relation to the intent great stress hal
been Id, and justly, too by counsel in defence
tn. fact Of the feeling evinced by the prisoner after
there great force in the Of the District
Attorney that was sudden burst Of remorse natura
initiation. After adverting to the law which should
the jury in the discharge Of their duty the judge
sadThe next grade Of murder to be considered is thai
Of mansaughter then punishable excusabs homicide
(and here his Honor read the whole of the statute eat
ing thsreto and You can judge the defendant is or
which results from accident in sudden combat wher
strikes an unlucky blow causing the death of another
fhpym must bril- In n NJ uOtvu Or