Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-10-13
The Verdict I'm the Graham Case.-Appear-
ance Of the Prisoner-His Punishment.

me verdict I'm the Graham Case.-Appear-
ance Of the Prisoner-His Punishment.
In the Graham case the jury rendered their
verdict this morning, at a little after o'clock.
The district attorney concluded his summing
up about sunset, and after the judges charge
the jury retired for consultation at about half
past six. The judge went home very soon
after.
About 10 o'clock, p, m, the prisoner was
conducted to the prison, after taking his sup
per. About midnight the counsel retired, and
the court room, dimly lighted by candles, was
left almost entirely deserted. The officers of
the court and some fifteen or twenty spectators
alone remained.
The jury, we understand, at first stood nine
for conviction Of murder, and two for acquittal
The consultation was long and tedious. 1t
was not until about two o'clock in the morn
ing that they agreed upon their verdict. Up.
on the announcement that they had agreed,
Mr.. Buchanan took a carriage and went up 10
the Toombs for the prisoner, whom he found
sound asleep. He was aroused and brought
down to court.
Meanwhile officers knight and Sets had
taken carriages and gone for the judge and
counsel. The court was Organized little after
three o'clock in the morning. The jury were
called upon for their verdict, which they rem
dered, Guilty Of manslaughter In the second
degree"
The prisoner appeared to be but little az
fected by the verdict. Mr.. O'Conor applied
for time TO make up bill Of exceptions, and
the court granted twenty days. Meanwhile
sentence viii be suspended. Calling upon Dr.
Graham this morning, we found him smoking
a cigar. lie appeared perfectly calm, but
somewhat depressed in spirits. and remarking
that he did not see how n jury could bring IN
such a verdict.
The crime Of which he is convicied--man-
slaughter in the second degrees punished by
imprisonment for not less than four nor more
than seven years. The revised statutes pro
vide that the killing Of human being, with.
out design 10 effect death, in heat Of pas
sion, but cruel and unusual manner, unless
it be committed under such circumstances AZ
to constitute excusable or justi6able homicide,
shall be deemed manslaughter in the second
degree, and persons convicted ofmanslsughser
in the second degree "sAa,l oe punished BY i'm
prisonment for o term not less than four years,
and not more than seven years." To consti.
tute murder in this case, the. killing must
have been perpetrated from Gpremeditated
design TO effect the death Of the person killed.
Manslaughter in the second degree is the
highest crime Of which the prisoner could be
convicted, except murder, manslaughter in the
first degree being only applicable to class Of
cases Of different description.
When the killing is committed by any person
Yin the lawful defense Of such person, when
there shall be reasonable ground to apprehend
design to commit a felony, or 10 do some
great personal injury, and there shall be i'm
minent danger Of such design being accom-
plished," tits justifable,
II was upon this provision Of the Revised
Statutes that the defense rested. Ii was under
the first one quoted that he was convicted. His
punishment If the judgment stands, will there.
fore be imprisonment from four to seven years.
IN. r. EUeaing Posl, l0tA,