New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-18
MURDER CASES.
TRIAL OF JAMES SMITH FOR THE MURDER
OF JAMES DAVIS.


the opening of the Court a note was received from
them by the Judge, in which, understood, they de-
sired 10 be brought into Court with view TO asking
some question. The prisoner was sent for, the law
requiring bin to be present. and a short delay &C.
cured.
After the prisoner had been brought in, the Judge
stated that the object Of the Jury was inquire as to
the lapse Of time which occurred between the fight
ard the giving Of the wound whether il was suff-
cienty loI in law to authorize the idea of premsd-
itated design
The Distrct-Attorney remarked that the author
tiles in the Of Austin and in that OF Gillespie
show if the design was formed but the moment before,
il was murder.
Mr. Spencer observed that whether it was premed-
tated or not must be judged of from the circum-
stances.
The Jury then came into Court. The Judge said
be had received note from them stating that the
difficulty with the Jury as to intent, and that the
Judge had alluded to the threat of prisoner in his
charge, &c What really forms premeditafed design,
the Judge said is q serious difficulty which cannot
be wholly removed without legislative enactment.
In 1880 our Revised Statutes defined what
der and what manslaughter, and in their notes The
revisors said, rs TO murder, they meant to mitigate
the old rule. They defined wilfu murder to be the
taking of life from premeditated design to effect
the death Of the person killed. The old rule said
"from malice aforehougbt" aud !. was also said that
il not to be mere design, but malicious design
person while engaged in felony, although he did
not intend TO take life but that is not the present
case.
ond, third and fourth degrees. The first degree of
granddaughter has relation TO cases of feloDy-and 1t
is to be regretted that the first degree is not extended
to such a this but it is not. The second de
gree il with dangerous weapon in cruel and I'M
usual manner in the heat of passion without intend
ing to take life; and the third the same except in
cruel and unusual maoner and the fourth is the
same but gitbout q dan seIous weapon.
The Judge read decision on the law as 10 homo
eide which said if the blood has had opportunity 10
cool il is murder II must not be understood that
trivial cause will justify deadly blow There was
case Of soldier in England, who had killed woman
after receiving from her very severe blow on the
face he running after her and stabbing her. but II
was held by the Court in England that he was still
smarting from the wound, and that II was man.
slaughter.
system, in which the old ones have been abolished,
hut the prominent thing in both ia whether there had
been tire for the blood cool The old law said in
boiling Blood and the rev says in heat Of passion.
In the present case il was for the jury 10 say II
was the passion or the oesigh ~ eheVt ihe WIN"
caused the blow. "
in this District by Judge Edmondsl thai if the de-
.;,n 10 take life was frori the moment before II was
snfFc;ent. The General Term Of this Court denied
that some little time must have elapsed 10 waront an
idee of Fermentation but the Court OF Appeals re-
yersed the judgment of the Supreme Court and sus-
tanned that of the Judges the trial. In this case
Won saw that cro sing the street shows pre- nedta,ed
design that is sufiicen-bui still II is for you to con.
slider whether it done IN the beat OF passon ana
ire ury must make up their minds not from one CIR
cumstsDoe but from the whole one oil lhe clemens
10 enter into your consideration Is the tact that the
parties had been friendly before then they had
semitic and fght-decessed was powerful man,
and had prisoner down by the hair of the head. Pas
sion NAV II en- be supposed 10 nave existed Su 'ne
tha nae a
The D,ticf Attorney would probably have considered
il mansaughter The Jury will then begin with that,
and see il there had been sufficient time for the pas
sion eppendered 10 have subsidtd and deliberate de-
sign formed to take life In regard to the threat SAID
10 have been made by the prisoner the Jury VIII re-
meu,ber from the decision which have read, tnA IL
was precisely similar TO that made by the s0dier IN
England when he sitter the woman and khied her.
The Court of Appeals have held, III the case nave
before mentioned that if the design to take lie was
formed but the instant before life was taken II Is muir
der; so that according to that rule, If the design was
formed by the prisoner only IN the time rom ap
uroaohing deceased when prisoner hsd stepped oack
10 the edee of the walk IL is sufficient TO constitute
murder Wha.ever may be my yn views IN regard
10 this DE- csion said the Judge 1t would be improper
for me 10 saw is the rule which an bound to charge,
and the princpe can only be altered by legis stive
enactment. Ihave shown the law the subject, and
deesions of the highest tribunals IN this country and
Epgand-also the law a. 10 mansaughter- 1t Is
for the Jury to apply the facts of this case 10 them
The District Attorney rose 10 auoIeeS 'uc "u~ ou'
Mr. Spencer counsel for the prisoner objected TO II.
The District Attorney said he wished TO refer 10
statute Mr.. Spencer replied thzt he thought It would
he improper 10 argue the matter before the jury
but be was ready do il argument was TO be pre-
sen,ed. The Judge asked the Distrct-At'orney TO
hand up the case and he did so, when short consul
tation took place.
/ The Jury, without any further remark from tue
Judre again retired 10 their room, coon after which
the court room cleared of spectators witnesses
sc and the Jury brought from their chamber to the
main court room ana left for dehberstion. The most
~ them exhibit the appearance of much fatigue IRON
having been up all plight.
! VERDICT OF THE JURY.
A little after o clock the Court again assembled
;,b.ving beep announced that the Jury had agreed.
On the Clerk dire citing after the parties had been
sopested 70 risel the Jury to LOOK on the prisoner
and tie prisoner TO look on Inc jury me iat'er eh
I I;h;,s6 much emotion. He Is what would generaiy
he called very handsome Lad tor young man oeins
ee having deep red cheeks and blsck eyes
Iun? ~ a,nression of his face on this occasion
anu sSe ~ s,;tat;op which be felt To the question
th0Neo "" Il the prisoner guilty" &C., the foreman
~ 10 !o ~ replied: 1--WE find him not guilty o.
u VIC b,, euILTY OF AASsLAueHrER IN rHi
,, muu' nropxr." The eyes Of the prisoner o.
s,,ea md he brushed the tears on his eheek'
IN hi. hand Ii was indeed nafios sseeps, -. -
! ana-.i Of the Jurors understand, ha" oseA " "
Ths JpSce remarked to the prisoner inc. .e 81
iuI Ssi;hsrstion. have found him guliiy OF nian
s'ei i.ns ~ ,be second degree. They have maze
s,n.,on 10 the Court in which 1t Is sta'ea =.
n." = ADMIT II the offense had not been merue
Taaar snch circumstances, said the Jndge, ,eI'