The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-10

shociSsrs sneeavosing 10 Sssr hin down. Whst sae
slisht N a do agairsts pcvsrfui nars The nsssr.i
Ing. prsdieicus wsre 90 him, saa tim 10 tie
scufHe eomee this wound which GRAHAM hsd cot tbs
the movensnt cave tie st.s which, Or ousessesoss
EXPIRE ses It, gave tho uosard crecH n eotencg rou
ssa IL. sss tat
recoDciied TO koowedge Of human nature Lnt US
suppose this to be tho Preci.e eoncuson-.h.s then
TIE defendant is Responsible the act CT this deadly
weap d bat they should iec that 1t was t6s cot
in la, condition II was not until tia stroug
arm Of COL /. wed tn. sheath that the instrument
became a deadly weapon This sta hblng ia this Il
Tot thrust, is movement under the violence on
bis peretn osersd by Cl. l.. Whore you'd b. the
nssow o. Justice Q, ,ns as sass ros css,gs Dr.
II seemed TO him (Mr oConorj that taseg all the cir
cunstar Gee INTO cop.daa'on II ,s the JUS conclusion
10 tn that the transacon occurred otter Dr. era
ham Esd fec. lived the bl'~ the censoriu which de-
riseo h m Of oil eelf possession ad tha. when DR. Ora
hem replied " oh nc - to Mr.. kegers whsr be said
You have stabbed the mar he vas unconscious az
havii pdic ed the injury He coItendsd thst tho to
must have been Inflicted either 10 see defence or BY
spasnocic effort Of the In which the lent and
di &c ing ~Ii of lr Graham had tart Counsel hal
uped two hours and half 10 eummirg up aopealing
not TO tie ,mOsthes OF the jury bat 70 thetr en-.
lighter I'd discimip R-on aed understanding
It tting pesiy four O'clock. the str.ct attorney ask
ed for sdou nmen' 10 Ienca OF his phyei
o,l dc ty and the impoasbi,i,y OF his occg aolc to
conclude his argument at the usual hour o. adjourn
/ neIt
/ 81 o'Cepor opposed the Adjournment IT was not
Just proper that the prosccu og ocsr should we
lho right 20 aue ths cbserVaoas ~ ths prisoners
counsel come ioto court sruaed with fresh
| arguments lie therefore submitted that u1less Mr
Whiting shculd clio xcd repy 20 the District At'oe
lhu taid .ra- IL Sreptrd etsts Of heath
did Lot &c nj; him 10 co en- he wcu'd adjourn. ressrv
i1g { dcciHor 20 whether be would aucE Mr. Witt.
After sore farther obsarvrt,,ns, NJ. Shepard raid
'hit IS 40 nccrnsd he vas d.te:mluea s1st
Of aict shou be r4ised ag ust ste
lie hcaIa eoort es putc prosecutor, aad woui these
fo5e 60 On ., . .a:a W.
On tshs.f &C tho prosecution, the facts ard ev to
lie Jury Il forctle language h 1cpicte, hs u,.tn
.hoy hsso OF tho; fatal nornisg e'ven is TIL ca
sllch Id awakened Mrs. I!orng, and eadog ii the
Isoners coming gown ssir TO .he oar afer tho iado
iion q he dearly blow The counsel fr tic cofeoce
had eDoeasorsd TO rapesent Moi,r L,iug v'oent
ovrbeaJpg and 70 suggest tie inference the. tue
ntirioueo q the priscnor tho opposite ac (ee
character 4 + Graham in the coiorc whici bio acts
sh, haze iustilse hIm Il Going CIR o'conor took
making that alter IT, If be had verdics against
his client might b. Tiea to tho too Of the CITY cit
contrasting The demeencr aud bearing OF the &C.
ceased with that OF the pris ,ner daring the whole
that willie The after was tyrannical in his ccaddct
offensive his expressious the deceased hal
ron assao degree Of knoness courtesy acd foeoear-
After reviewing Tho various salient point, Ia the
| case in bls eloquent and impressive manner tue
District attorney PIT the jury that 1t iu,possi
a wnrul and deliberate mu.cer Mr.. shepard oc,upiei
about TIE eaas length tine his summing UP as
| that coDsun ed by Mr CCoDor
Judge hi,chtl then proceeded to charge the jury.
TIE JUDGES CHARGE.
NJ 2tcrs. gentlemen, ovcry nuch relieved by tho
which you bare paid to the ereoce in the case, aod
ocsss. where little discrepancy
tpn Of she testimony vas c.nrs... d.:uss,a has
ersen bctCeen tho counsel FOR the dcfouce ard
tie counsel or tae prosec ition, on occssi ms il
ain points was; still they have dihoTot very
h,t'o % to fac =. so far as testified to by the
Ultnesst6; tho difference Of opinion b Teen thsm
beng IS 70 tho conclusions Uhich properly to
drawn from the facts, ~h they dG differ at oil Ia
pect TO what testim ny difference has ,cu
TcmcTed, and understand VII Il The facts
ere so fa- as testified to- and admitted both sici
What tns conclusions DO 'rcu these facts
as stated cy The Witnesses rem ins be passed by
ecu Ihs would leave lutte tor to d. except to
Aiatc 70 you what ito law is; and, If "a fus
question before you ii would hardly nccossarv Cor me
to state tic law yen Ibis defence instead Of
ohor o. rs sse s
tho act comutted dcbe ately ard .licously at
the nosaeit Of Dr Graham cliasig round Col I,ipg,
tho ether that l. sort uri,tendSnal
tpsericc action Between these 80 there c,ud
he no sinicuit9 10 determining what the law is You
rct However, como to the conclusion tn ethc
pa Is Exactly ht in that respect Fru facts tefor
you you not coos der that there prone i,tcd
was wlfal design 10 nGi.t some gr.evous bodily harm
CT 70 tsi Me- but that il was N self defence aod in
tbs. case 1t night DO requisite Cor yon to consider what
the law IA IN ref Defence ard to cases
II is applicable. You might also coBe to another
eiusi.n YcI night conc uec that i. not ;. of
inferior 90 nureer-cgsinst which tho law provides
and i rorer tha, you should kcow aud
havc stated to what these different iegrcs Of often
Irha prcceed, thcie.rrc to stats you what
the law IL On this subject Tho definition Of
isf at ii ss x a., s to- mot d'f
| ceenitcn of i vas. ! begin b. seyirg that ths
killing ofs unsa boiog, defined in the stat ate go
Tar ns Il be apple iee TO this c,ss wkon 1T not
maoelapgt'er, excusabls OF justaabls homicide IL
murder when losratoc from design 10
effect tho death OF the person hed In SOME discrssious
| that have asien as {, what the aaiug Of tho
words premcddGed d. sign, do under stand that
The two COUNSEL IN this case dier crsly in that
srcct, Sti. it may be that IL is proper Or tho
principle OF Law to you, because you may roshsps
inslcd sh you to tho consae alton as to Whist Is
the ptolcr meaning CT The word state therefore 20
you that il IL rot necessary the design ST. uli have
been mcdated before the aT commet csd that Is not
may have been formed in the miist Of ths ARRAY aad
still 1t 10 within the meaning Of ths statuta
Or It may have bean formed when tho act when ed
tho death about TO be begun. when tho fats. blow
or stab vas about to DO given. whom o.hs dsady
act wns sbsut to be begun to be porperatod Tese m
conclusion that deata was proauded By the s,as and
that before ths molten began by which the s.a6 vas
given, the n:enton thon kiu not in self de,c1:s
that would 10 sufficiently long pro mediation to con
etituto the CHINO Of murocr according to our i.<
10; You WI osss.vo, Gentlemen, what is the nesa.
/
chance OF sstting up defence that Il is exscssb or
that IL has been done IL set decnc, you Grs uu.
derslnd whether II Is IN self defence not Tho def
milton Of nel defence given in statutes ba. stia II
apres to various OF VII oh vouli NJ, DO CO.
Disable 20 this Gaze will conauc myself, therefore, to
cable to hs csse Sun from the ssture Of icartpn.
necessary inquiry is, toe killing jus liza bic or OK
cusabl-, nianslaugnter9 and If IL either taon It
WIS net murder. so far II be applicable TO this
case, hllliog Is Unstable, in self uofcnce /! c,m
ntcd BY tnc In tho lawful defncc of his person whoa
n Tres n n ND
do him great per onel injury, and taerc sh be
imminent danger Of srch design being rlishcd 1t
Is cncugh thcrc 30 rcss,nable Erornd to apprchaai
design TO do sons great rorsonal iojuty, reason
sb,o ground TO arprohsn' that there Is dspger
Of sucb de.ian icing accomplished, although ia fact
su,h design did not exist-f the appearance,
Of tnnga such to justly apprehension oa tho
mind Of reasonable person that such dc gn acd i nj
mont danger both cxstcd II Is not enough that tho e
asn only existed there not danger or IL tina. DAD.
g,r was net imminent Tho deesn and the i'm niruat
oar ger NUT both .risor tho rcssonabo groun to