The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-03

eight O'Clock in the morning. she came twcs the FIRST
tme the doctor in his bedroom and the second time
fe doctor had the cars she came in the second
t4t ~ asked 4 my husband AZ home told her
would be an limo TO see hni but she iet i1d
VENT e dd lot see her from that time until after the
oeaa my husband lie left for the city TO 60 by the
e'ghs o'clock cars the day before, Monday, my
band returned TO his residence Of hall past FIVE IN The
evening he was in the habit of carrying baea brown
Morocco bag; prior 70 my husbands death Ead in my
possession certain letters which gave 10 the Coroner
From whom and when did you receive these ettets
A. lrecsved them from my husbandth the Satur before
| his death
@ On receiving them, whore did YOU lace thclap A.
placed them in a tin jewel box.
y AT what time and where did YOU deliver those let
ters 10 the Coroner A. At the time they told
husbands death, about four O'Clock in the afternoon
O. Where that bag at the tinsc he started from
your house on Iuesdsys A. don't recoliect.
The cross examination deferred
The Court adjourned to this morning at 10 O'Clock.
sSSTEScE OF HUGH AND DENNIS ocoNNoR, CON
vICTED OF aASsL AUGHTEg IN THE SECOND DE-
GREE.
Before proceeding with the trial Of Mrs. Hays, these
two prisoners Who ii win be remembered were tried for
the murder of Michael Conroy, brought upor
tence.
Judge Roosevelt in pronouncing the sentence of the
law on the prisoners said -
DENNIS AND HuGn O'CoNyoR-You have been convicted
by an impartial jury Of the offence not of murder for
which you tried but of manslaughter in the
degree Conroy the deceased, whose death il laid to
your charge, was engaged ut the time II is conceded in
the commission of unlawful act" Excited by IL
Guor and disappointed attempt at the late hour OF
midnight TO procure stll more he vented his anger by
Eurrg stones and brckbats at the door your liquor
e nhshment, his companion, although less excited urg
rP him An aged woman the mother of ON o, yot
vas at the time lying dangerously i-even supposed TO
be dyingin room back of the shop bar her bedside
surrounded by yourselves and several other relatives
Snch an attack, at such hour, and under such
circumstances, your premises would have justified
some-perhaps even NEUTRALITY-SUSPICIOUS. at your
hands Had you, either of YOU the whole six
that constituted your party rushed out and seized
the aggressor, and scule had ensued in which he hp
fallen the jury would doubt have viewed your conduct
with much leniency, and perhaps have justified the act
as one Of Legitimate selfdeience But you did not SO:
on the contrary you or one of you deliberately loaded
fired at the aggressor killing him almost immediately
Ask yourselves that you have had time for resec
tion, whether the offence Of the deceased however out
rageous deserving death II deserved to be
punished, all win admit and had the law been appealed
to- IT would have been adequately punished, by civil
damages and by fine and imprisonment But, unwilling
to wait you took the law into your hands, and ad
minisered its penalties with a vengeance which no
wen ordered community safely permit In the Ian
guage Of the statute, you unnecessarily killed. fell
low being. His unlawful conduct may and does mit
and dsproportionately execution. II you
from the charge but leaves You subject to that
OF manslaugher And so the jury-with great proprie
ty, thinkhave found by their verdict To show their
sense however, of the conduct of the deceased
they have accompanied their finding with strong re-
commendaton that your sentence may be lenent as
the law will allow-and that is (being the lowest limit
of the Courts discretion four years confinement in the
State prison Even that punishment under the circum-
stances perhaps by some be considered too severe
Shooting men down. from almost any provocation great
or small, real or imaginary, has occasionally sorry
to say been eoquenty defended by distinguished
Gates and eecually justified by respectable jurors The
practice however respectable and however sanctioned
by example in parts Of country inconsistent
with government Of laws and equal justice. The jury
in your have not and the Court cannot follow It.
Life is too sacred TO be taken without necessity The
spirit which, in State and national constitu
tons prohibits the nHicton Of cruel and unusual pun
ishment," equally prohibits, by way of defence
retaliation, the unnecessary taking Of human life,
nv Duh liz nntl Yourae 1T in
shooting the deceased under the circumstances cannot
be justified. IT cruel and of all proportion TO
the offence. STILL the jury whilst convictng you
strongly recommend you to mercy They would not only
save your life, but to great extent your liberty In
view Of that recommendation instead years. the
highest allowable penalty the sentence Of tho Court s
II Is the miest the law permits and not disposed
TO aggravate 1t by harsh commcntsthat yo and each
OF you, be imprisoned in the State prison for the term
four years.