New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-13


Before Judge STRONG presdirgJudge moore Justices
STrLwELL and STRyKER.
CONCLUSION OF THE CASE.
The Court assembled at the usual hour yesterday
morning and the Judge Strong proceeded to charge
the Jury, occupying three hours time in 50 doing.
He said, the duty now devolyed upon them to de-
,crmine whether the prisoner guilty Of the heavy
crime with which he stood charged, or not guilty;
whether he was to be sent ct large among his fellow
men as on innocent but unfortunate man. or whether
be was to be consigned an ignominious death upon
the galovs. He had no doubt that the Jury was
fully aware, and appreciated the important duty
they had 10 perform; AID he had no doubt that they
entered upon il with determination 10 DO tina. duty
faithfully They should not be affected by the feel
ing which prevailed 10 great extent that was not
Law ful ftr man TO take the life Of his fellow man.
He knew that this feeling prevailed, but it was the
isw-the law Of the Countrywide law which hsd been
found best, and those who had been accustomed to
preside and practice in the criminal Courts hal ar
lived AT the conclusion that the law was a just aud
necessary one. II could not he denied that from this
feeling JuTes had often been ready 10 listen to any
excuse that could be made, and many criminals had
escaped, because perhaps they had excited tue con-
nisserarion OF the Jury ana because they had re-
pucnapee 20 take away life. From this cause MIR
der had frequent andmen lives insecure and
not protected in he manner man bad night TO eN-
hat kind ex-ted among the jury, and that they
would listen % him o. they bad done to tbs
evidence. ard determine according 70 the Law
and facts With such feelings o. should exist n
the Juryboz 10 regard TO the Law and the facts 10
cases of murder the Judge held that the Jury were
not the Judges lift 30 it would be difficult foe
Jury 10 discharge their duties, as they would not
only have % deal with the facts, but they who hal
not made II their study, would be called upon TO de-
eide nice questions If law. The law has imposed
upon the Court the duty OF deciding upon the law
and every conscientious Juryman would be bound by
H. In the case Of libel the statute had male the Jury
Judges ofthe law and the fact but that was the only
case he krew OF. In all other cases they mas, re-
ceive the law from the Court The more Important
duty aud that which they codd better do was to de-
eide the fact AID they were bound TO decide as IL
Yves submitted 20 them There was no danger in sub
hitting these to them as long as they required suiii
cet evidence permitted doubts % the reasonabs
So. Honor hid oGen found the most Intelligent men
require eviatnc 20 sausy them than p1opie or
superstition when intelligent would require proof The
prsorer hsd been Indicted FOR mueer-fcE killing his own on
ptrs chd OF tsnter years The first question whether
be committed the next the eFcamanees thai gave cher
scer that next the circumstances that gave cl
s 70 any de that lsht be offered And fst the
Loy killed byh father a. the bar And here the Jade detailed
the evidence relating 70 the mareer soasu'as tas is
st The yely eeei case est me Psoass Ionnasa 's M
the eu c murder which far applicable TO the present
csse was the taking OF life With intent or premedtasd de-
81 n. question -ere was there generalization This
o ees m.lesds jues TbeyuppOse there must be al In.
euou time osore but the lsnfusse received reeehuy
II design existed q the tie it did not signify whether
was short long time before Where L va m'
poble other iienes than tae act itse We
that, and uIis. were bound to jadae tom inst
hefher these intent and II not e:ery man
who committed murder Ia secret would escape Men were
supposed design what their acts calculated 20 accom-
propouncea 4 TO be Was there any who could
taking shsfp razor, cutting the thfoah ahn
A. must be .ad The life Of this uuforunate child vas
taken ~ this unfortunate BY design hen niin
H. anuIN rot fnFrua raaIu ~
termination when be WA not bat sin a. eoaIo
10 render him snsaabls 10 he law ana we are enqnt I,
F.v although IL intoxicated, YET nc Wa sutacenty
srabe Of forming degn 10 constitute Hurieri 80 tha
II the jury came TO the discrimination ne W. sea
they could say be be did not form desisn
souetes when Of strong pToyoeaon
80 b he heat Of usn At injury received At the time,
Re l. III pronoanee crime be ansAusheE Only bat
Jury could raise such sgpposien lness .neis -
smehns upon which they could base X But IN tss usio,a
nate there nethns tst could satisfy Jury nst os
was lsboring under rIoyoeSien We y - 90
protector 70 .uchs not then there vas
aware that many Jses from motives OF mercy ere
40 tsat the crime murder; bu, they must reras1 mat
- ma ore 70 the deternns,io 20 agree viii
ID. Ditrie Attorney In his opening either aet ~ss
h. ksdhs child and ksd Intentionally. then i would Pc
come pcTfAnf couseE the excuse sci UPS sne ne py
10 dese Eheler this far deprived Of ais reason
BY upOrsry esusehut that Al ne tine ne eqn 'a
coutrolir On soirE INTO hs question the Jury Wss
bound 70 cor s.asI i.et. III ~ ,,seuisv When
rot -four dsd uron fe Meus opinions were oss soEefse y
h,r wishes ~ wish be mercif1 While - tns s-ae Ie
~ veree ety Consultations IL 5 Known too thS nsn
ks ,,ror theories isd when they these theories cannot
\, s,peuded upoo upO1 free nom these necrrts7
Wespg THAI the accused and others in.re ee
jade here cite several Instances 70 show ,a III fssaes
s rot be % ICED upor evidence Of medical men Where
rhycisns bad charge Of unse or had been eonne-a
with them Hueh reliance could se place. upon t1ss ts
nv, but when they have not had saeh eh4r9e they We 90
oe 70 relied upon thsn any her in,esat sn pa sLs
80 authorized their evidence and some Ee3a, s1o-i1 pc ~
.ched 20 7; msy have struck The JurJ ~ srsnte Ae.
IN houd he aid Be insane who for twenty Yeas fNa
80 endowed Is hs hsd beer; vko was eerty men,
,rrsrsd teaching bis fellow man the way Of .ysnoe saa
whom Mr. VITO him permitted 20 preach sne WAC
vas appointed responsible su.fion D. saeh an
body the serste Of Sew-f ss-tt wEieh ns
tlrsh two and session, 70 the sans OF
ibose who snplOyed hin; bat some ritsn ,hoSsa aen
,ishea urds and ret insane The only tnine a1ge
e. lat be .hould have kept hs Positon tsrolzn
40 usny years strong indication q insanity COZ
.;s-,d h los Of memory ignorance o. tne . wnl;n ne
- rn mtteS and might have struck them he IS insane
Sbere could the Information have been derived me prisoner
"a 81 In parted hs council AID did not tia. tafiesfe
&c. memory fCoanel assures the Coat that the prisoner
bad never svsa then The isissEsse Iaa Jusss sekaoT.