The daily union., 1854-10-13
THE CONVICTION OF DIR. GRAHAM

gives OF tue trlal OF
ham, charged with the murder of Col Loring, follows
SAT about quarter past O'clock M, the jury were
conducted to their box by Mr. Harry Bertho the
court and officers knight Brennan and Let's The
had assembled and the prisoner who had been conveyed
back the Tombs, again brought up. The pre-
sented still and solemn one the deserted by
the crowds that ronged the during the previous
six days. there being than eight persons pres
besides the jury the counsel and the officers of the court
The lights burned dm and the anxious features of the
accused looked careworn though the rmness
.ted which maintained him throughout the potracted in
vestigation.
" Mrs Graham not in court She had sat beside her
husband during the whole trial. and with the endurance and
fidelity of which capable she did not separate
from her partner in veal and until he removed for
the night under the impression that the jury not likely
to agree.
The jury being called over the eleven answered their
names.
Preyious to the rendition of the verdict Mr. O'Conor
handed paper the court which understood to be
exception portion of the judges charge and obtained
twenty prepare bill of exceptions for the purpose of
| a trial
The clerk (Mr Henry Vandervoort) then, in the usual
FORM asked the jury if they had agreed
" The foreman answered in the affirmative
The Clerk. The jurors will please to rise Jurors look
upon the prisoner Prisoner, look upon the jurors How
gentlemenis Robert NJ. Graham, the prisoner at
the bar, guilty not guilty?
Foreman Not guilty omurder but guilty of manslaughter
in the second degree.
The prisoner remained calm and made no remark. His
asked that the jury be poed and they severay
swered that the verdict rendered was their verdict
Doctor Graham then removed to the Tomb by officers
Berhof and Brennan the adjourned IL o'clock
the morning
Manaughter in the second degree, defined by Judge
Mitchell killing another unless committed under such cir
cumstances as constitute excusable just homicide if
committed first without design to effect death second in
heat of passion third, but in cruel and unusual man
ner, is manslaughter in the second degree
The verdict of mansaughter in the second degree involves
punishment which, of education, and in the
spectacle walks of society to which the professional standing
of DR.. Graham introduced him. must be painful
than DEATH
The revised statute that person convicted of
slaughter the second degree shall be punished by mpon
ment the State prison for less than four
than years.
for verdict of murder four for mansaughe in the second
degree and two for manslnnghter in the third degree which
resulted has been shown in those for the former and lat
ter penalties consentng to verdict for the mgaed
manslaughter in the second degree.
" We understand from another that the jurors on
first going out stood ten for conviction of murder and
for mansaughter in the third degree and for long time
they could arrive at other result when compromise
proposed give verdict of mansaughte in the first de-
gree but that objected the ground that the Judge
his charge told them that he would not notice that degree
crime ntimstng that the present offence did
within its bearings, and the single Juror showed deermna
ton TO be moved from his position But be finally gave
in little, and the present verdict made up and
dered'