The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-13

hsnd wou q dsht them my SELL" Decker tasn vent oy.
to the pposite aide Of the street. and there found
evde nee il is e9sr shown that Lane Was net the ,
that struck the de csssed.
The District Aaornsy, B Blunt, then summed u
the evcenee for the prosecution In commencing
erred To the tersoDsi rsfasrks OF tho counsel "a
other sde ss TO the couyss pursued BY him ae stoo
there not a. IN individual vth any hatred ia hs
against tho prisoner, but az the pubic prosecutor
who're duty 1t was to assist the iary IN their en-
Ges.o-s TO do justice to t.s people OF .hs Ssst,
OF New Yori. Never. in che w-oe ecurse o
HE legal did the learned District Attorney ss
with pEai 81 to tho one in which tins counsel OF
the osh.r tide was epgsssd-neYcr. duriov nspind .
twenty I'VE years did he ember occasion
cour sci for the oefenoe wtptony waysd muoe time
and 10 r,Prriinenty inquired into the psss oaress
trsrs he fnes It lhs duty of counsel not to or.
s,he their 'lents Ia any difficulty; bit when Counsel
WI ferceiy sttack tAs District Attornsv, Dry into sho
family Affairs Of jureru they bsyona the bounds OF
dutt decspcy. Now the fac.s 10 this case
This sponsndes man, Vim Hy-r ,trrcs In the head
with > rug, by man ri,h sore ,AnG, wihous
any prosotsor The wotnAn Margaret Rssten, sweA.E
diitpf1y ths' IL VS. with hAEd that stru,k
we oecsssed wthtbe deadly wsspon snd ne keeper Of
the grocery store t1st the ps Iaer .no 4 al
sere tHrs cams In % nis and arssd hi f,r cia1
be conctaded his address by laying that y Ia tns
bpsnsgr tI Tie law, 'ccnG snan tnsmte elves th-s
SCOUT Ae2uity >
CHARGE or uag coUsr.
He boz to7 the Recorder tteE and charged TIE jury
IuRy;-Tts c,se aubm tee 70 your
'eec IA op- cf thai class ce .quir ss the
utmcst care ard c Gums pcoon " iA sxaming Masn
tss cccnrr.e Ia this case ard much hf bssn
= sds upon tl8 difficulty cucocnersd in sropsaos ias
Jury. IL Ii 10 he ieer'ttso that in OF ,n-n
20 empitJ--of such extreme grsyitya upon which
'he fate Of the prisoner pends-iu re- urns ali
becoming all part OF the counsel
.nc the ut hat any chickering's shoad oo,nr bst~son
vac Two conntel The District Attorneys duty 10 che
stand different tstwser the prisoner and the p,nps IA
houbo 70 sea hat ths laws rainrAtned aud tre.
teiveo dc IT, boaac 10 see ta.s all the truth Ia ad
before YOU be is bound to soc that the truts n
pEoogn. 10 light. a, is bound 10 that . verdict
II mk Ia a.
that proper con5uet Is roaintsned ss 10 Other
cstes, and such will compolt witt c. as solemn ac
that nothing sha be omitted his part that woad add
TO the benefit OF the prisoner Bet In thi, snd
we nj know that in the general con 'uc of ts coun al
mere may be more or lees errors. You, geutlssn
to be careful in iooioe at tie csse IN wing ths ra
spei Eo'. p' son OF both counsel Y to be
tn IL xsmipios this Gaze To permit single thought
that o your soismn daty to govern you You
10 al o~ nohira TO your minds eacsrt truth You
are TO rec That no verdict rendered escep, your good
npc-fsnangs are convinced. and vsro lot Is
mace manifest 10 JouI minds. KNOW nothing ia fast
duty, In this lAnd whoh Is more solemn p,rs
that surrcuDc the marked 1t With sol. salty
You find iu this that f-on being Ia the pri,s Of
lie was suddenly tax n to tho other word. You fnd
yocpg man brought 10 thu bar to Snaver 70, this
ehsrge-for the deed by which this loit his lie
IL ~ssa grave ape sol mn act ard whica
naturally pause before they any oopclus n
OF the guilt or Innocence or the pri,oo-r The jury
Jucgs OF the case is Of ths blessings OF va
that the est humble sell the ni. hths "a t
obecu. a. cell ss the roat repo- hnd all
III
acnlinirraon OF justice Ano this younR ma pov in
ytur bsncs ynu may Iegscd IS posssss,ng the same
rehts-the ssmn prvilese, a. Al DO the most pos
srfnl individual IN tie ispi. The case narrowed
dosn BY the District A.,cgnss fron mauslaushter
in the frst degee 10 m.oSlLagA'er 10 the third de.
gree II 4, eehsed in ls- as tho taxing OF tbs life
o fellow beDa uplswfuy, bat witaout any eesiyn TO
tase assy l,s Il il deaned the E.ysec ststu;es a.
follows He, pare 750)'Tbe killing OF smother 10 the
heat Of passion without design 20 eject desth by
. dangerous Weapon in any case except suah
wherein tho killing OF another Is herein s.isred
to be jussihsaie cr exenssbi-. shall bs de- ned
MAJ saueastr In TIT ihrc assreo Il Che prnssaution
have h,a th esss 70 sour pAtsf.cii n II ann.a
t. re hsf Il viii nrc ina; degree TAs oncap,.
stances ~ The -venpg OF thu 28tb
OF December lat the dto sa voupr msn tailor sv
trsde pehrcir1 AZ iho of E end Duane streets
atee .hra na went cu. in rcpt of tie house. came
In ssaln and ent out ssaia, brought bLk Ia
sensible c.Tsc up p;ars rtfrs mis- aclAdy sndexvorsd
u 20 All that Size coua for hiu From thence ne vas
removed TO hs hoepiis AM there 40 Il sppssrs
rom IRE tstnory OF tbs doctor that Ceased "a
wound very hsay. one en- the arch Of the ,kujI 40
pressing the 6air; and from ts- hs entered IN,
died. aprssrs, therefore, could give NJ aocout az
the cause Of biz death IL alo appesrs by tho
o. Maya ~ PattsB. that IN the evening shs was
comirg bo ne from tho honss OF an acquaintance with
frtnd Of hers named Fr and on tbs coroar tf Elm
aud Duane streets our or Ave stAniing the
Sidewalk snc that one Of them grossly ineuled her.
finngsn turned hack and asked them what thsy mGsnt
sLd on bis turnipg 70 back ~ them went before
him and placed bis foot in front o. snnigan trp
biir up Tn mpson turn ed around stiks him. when
hs s'rrck back the whole party set upon him and
sest h N And two n thsn, sasm, drew sniv,s and
stabbed bim This part of The case presen.s shocking
feature II Is To be regret ea e. persons should De psr
ntted % commit suca sisgr,e,ful &C q vitn raan,p,
At All evsns sle to stors TO he couli get o.
q Fnigsns frieHos to hep rim; but not sasinx any
there sh' retained to ths OF the dit1rb ancs
~hsrs the taw stth rung In his hand stik,
oewn ths decesstd Ard the with the cart rung
had = so-e hard shs ssd; that all she stv Thsa
comts the tes imony OF henry wend.i ne spp.sra 70
hsve known The pTroner snd kosw him by tina nam. OF
Fox or Jerry Fox. He tells you that Fox can. several
times to his store that ngt and hst bsfoge th decssd
was Ehto he tells you o the fcsne outside tells
you nat some one took Away soms III pbiers out
OF hie siore m that inquior them prison
er ssid he took them and would mskeit all ght he tails
you that the prisoner had nd tails you OF his
ast'ng for club which he did not eivs him. Toe pri
soper Ia thus identified nj the Of tho adtsy
or aiorrd ii The clerk ellis you that when ne came to
open the store door he found that the BODY of ,he d.
ceased cOse TO II he could scarcely open H.
snc the little boy tells you hat he saw the body o. th
tscestfd In render ng your verde sgzns hs
secured You srs TO be ss'isaed hat the p-eoaer
guilty OF the killing ~ ths ceceasad As yes.rds charas
ter, there s doub OF bis good character
as the si cumstsnce of his extend Before you
hnd verdict 81 guilty you m ist be posi,ivs in your
minds thst he prisoner committed the bomiods that
he &C nm tied II ~th unlawful sni dangerous weapon
heidi the act It VII come within ths Glass OF man.
slaughter ira have read for you namely .n.lsugher
" ne hhc ofsrse In regar TO me proof all reasonable
coubt'-not la thoughts, but round and reason.
able drubyou mus give 10 ths benefit of th prisoner
10 judgis Of the case must be csreui TO
one arc the lava f the land upheld (for tho nsints
nance o. the laws are In your h.ods while tbs o.Asr
hand you not = lrt The get of IN. relative, OK the
decssec vegh in looking any doubts that may appear
In svr az th- prsorsr. Toe proof that you % be
governed b. II that rrefpeo!vs ~ all fsslpg OF all sym
p.ih, You must orly 100. At you, dufy Won n,n,t
With tho fscs they demons before you This
crime Il ~hith Il. rroDsr stands ~ ot tf that
oiafs thai rsrss hish in eiiasl jlrisp,utencs 1t is
on The case IL cfim 81 a-ta sheTs vioen,s "a
ed psftoJH that mtrt tsnloGs csumstAucas the
accused escsrss because the iojury does in
ce,,o And ss all know that wnsra persDn is brought
70 the esr q jofice ca.rss' WITH cws osss lot the
pfocf be trry blist ed Aud Jurors
proved that the nnco Oft prisoner be ets olishsd
70 matter What mAy be Jour itiyss eeinsa scd youSs