New-York daily tribune., 1854-04-26
Ia ~ {NTELLIGENCh'
TRIAL FOR MURDER

COURT OF OYER AND TERNINER Before JudSs
The ,ia Of John Wi SON. indictment fot tbs
mmder OF Henry Digkmyer in Readest, wa, concluded
Gen Nye INC OF the counsel occupied between t~o and
three bours in summing up for defense doing in truly
able uauner lie al uded 70 the testimony which had
been presented Of the prisoner exhibiting symptoms OF
temporary mensl alienation Of mind the evening before
& II also insisted that there had been 70 previous IN
Dton to take life that It had been done in the heat o
passion and that at most Il should be cOn'idere1
mansaugh in the thrl degree.
The Dsr ct Attorney followed ia biz usually able and
effective manner lie conended that nothing he'd been
shown e1d especially nothing that m'rning to authorize
the Ges tat prisoner sss not fully in hs right mi d II
he hose TO ct maddened BY drink and ia eonssqusoca of
that took the lie OF feo being. it is excuse. lie
also insisted that there had been cal uaed
TO create anger warrant verdict of mgnslughter
He ns ed hat il was case OF mdrdr and that the IA
dctmen he'd been fully made out.
The Judge in his charge after sllding TO the charlcer
of the Indictment and Of the testimony epscla 10 that
which spoke Of p having ted differently the night
b. fore said there not sufficient then to warrant he
idea uow conteDdld fr The great turning point ia the
case s relates the charge OF murder Is or the Jarg to
consider we er here had been sudden of mental
alieI an-Io that which would result from ddak, for
temporary tai hcrrty resulting from the fumes OF IN
Immediately prect ding dettrste debauch, is entitled to
very lr.e consderaton-indeed the law regards ra'hsr
a. an agsravation than mirg alton Of the ofaniebut
that ,sh ch would result from other The Judge in
tmsed tha. be was inclined 70 agree with tha District
Attorney that there well grounded excuse for the
athere nothing in the proyocaiion that could Tor
moment authorize H. il is for the Jury q IA 70
lated 10 lis being cOnsdered mansaughier II wil II ta
be a case in the third degrce-he killing OF human BE-
ing in the heat Of passion with dangerous weapon,
without intending take life II tn Jury take this a'o
coude they will think whether the testimony a' IN
ferrcd fom the language which passed between the par
ties ater they from tho floor, Whatever else oc
cured would properl, justify presumption calculated TO
bring It within the rule agree With the District AltOr-
ney laid the Judge that it is dicnt 10 bring 1t down
from the high crime Of murder TO that Of manslauSher
yet there s the law.
The life OF the prisoner the Judge remarked to the Ju
~ Il in YOUR heuds-the Law and bis gn have placed
him there You determine from the testimony in
regard to him ard render such decision as justice MN.
led with well grounded mercy, may fnously IN
duce you to award bearing always in m.ai the proper
AID humane rule ths doubts any exist aud they are
reasonable be given not 70 the pros euto but %
the party accused The Jury then retired being about
twenty minutes before two
The Jurv after beir out some tina sen ia word inqdir
ing OF the Court If they could under the testimony,
fnd verdict o; Mans augher in the ond degree and
received an answer Afer absence OF about 81 hous,
they returned q verdict Of GUILTY OF AANSLACGH-
TER IN THE SECOND DEGREE.
The Clerk by direction Of the Cour then asked tho piis
orer wis, be had to say Why Judgment should not be po
noureed TIE prisoner replied, was completely oa Of
M mind snd did not know what was ding AZ that
line
manner lie spoke Of the certainty Of causing deah by
the blow OF such en- instrument and Il be had been 10 bis
rebt mind be must have intended TO tsae life aud had
the jury convicted you said the Judge OF hs chrge Of
Murder could not have found fsGl, v th il In eonpis
zion you however they have considered mar you was
not in ,Our right mind Still, that was fsut ot your
own You had destroyed that attribute which the Al
uieby has given to nind-whch alone Distinguishes
him from the brute-by your own excuses, and the
Court would feel il right 20 the cause OF justice and
the rbc safety 70 you for any less than the
LONGEST term of punsh for the degree Of crime rue
jury have pronounced that the law allows VIII d u in
pr,ouen or years in the State Prison-and such
The prisoner and bis wife and friends sf,er the long
three hours suspense which they had experience while
The ury was out seemed pleased that he had got OF 80
well large number OF acquaintance accompanied nem
from the Court room.
CASE OF REILLY
The trs Of Philip Reilly indicted for murder IN causing
the death Of John Ridden, By ssbbing in Anthony st.
on lltb inst was put off for the term the prisoner, Il was
.aid by bis counsel being sick in the prison Hospital
ANOTHER TRIAL FOR MURDER
The ,,ia Of Dennis Connor, Hugh Conner and Jonn
o,C, indicted for the murder Of Michsel Conroy by
hoo him with gup in Fourteenth st between Avenues
C.ndR wa, called on Their counsel Mr. Joha MeKeon
den.nd.d ,ep.rae trials in their behalf which the District
was opposed in SONS measure OWING 70 'ae
dl., would cause and ths. the proposition Nas aneh
,s,,.d He said however is was the prisoners right ana
.rbnit Mr. McKeon said ne did 10. fse author
,ed rh.n three indicted Tor nuraer 70 ous7n
70 ,her being tried together The testimony IS Related '"
III h,veve- would come the trial Of either aad ne
though, TIE sepsraton under .hs Circumstances H'aA Az