The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-22
TRIAL Of Samuel Spra2ue for the Murder OF
Margaretta Furry.
COURT OF GENER AL SESSIONS.
Before Recorder smith


FOURTH DAY.
This Court adjourned Thursday till 10 O'Clock yes
teyday morning but it hall past 10 before ali the men,
ber Of the jury had taken their seats AT this hour the
court crowded with spectators interested In the re-
suit OF the trial The prisoner appeared composed
usual scenic 70 be as little interested in the proceed
iDgs as any in the room.
The defence and prosecution having both ended on
Thursday ss soon as the Recorder took his seat, the
jury roll was called and he at proceeded to deliver
an elab crate charge.
When the Recorder had concluded, Mr. Clinton then
said that his Honor had made mistake in regard TO
the testmonythat White did not say he did take
hold OF the old man. and thst the testimony of Ho and
White agreed In every particular
The Recorder said the jury would rccoect the fc.s
ana nc was wrong in his remembrance OF the e ciony
they fecolleeted it.
Mr. Clntor-i ask your Honor TO cha 20 that the law
must be taken from the Court but the decision upon the
facts telorgs entirely to the jury.
Rec1Sder-1his is so, gentmen and you win so
sider e.
Mr.. ointon-I except to all your Hsnors charge as
regards ths admission Of dying declarations evidence.
ssk your Honor TO wi hd all you have said in this
Recoide-I cannot retrac. this, and cannot notice
Mr.. UintonI ask your Honor to charge that Coroner
hilton ard the interpreter weie in Law, only enc Wit
ness, and not two.
Pecorder-That is imnaterial And Mr. Clinton, !
can't have this cause summed up again This is un-
bearabe ard carried to extent that caut permit
Mr. Clinton then stated other pons and uested
bis Honor would point out to the jury the contradictions
in the evidence Of tie prosecution that the defence might
Fave the benefit q mating cut their 10 take Il to
Paccrde--I eannot 60 over the evidence again The
jury viii decte what taey viii believe and what they
Will ytrow out.
The jury rhsn retired to deliberate ill., charge of an
officer, at 1 bout e y O'Clock.
Al ~ O'clock the jury sent into court for the statute
defining murder AID mans,auQhter.
NJ Cinon-I W uld rather lave the jury come into
court and get ihe Law here. These jurymcn sometimes
male bad work hold Of law books
Wora being accordingly sent to the Jury to come into
court the jury sent word back that they had changed
N a1n Will
The jury cane into court abou, AZ O'Clock. and said
there ves 70 probability OF their agreeing.
The jury said they would te TO have the law upon
the different degrees q narslaughter but whether it
vond ala them IN coming to decision or not remained
Mr. Hal said this would make the fifth tisngreementin
Murder within the last three months and he would
sugrest that every reasonable effort be made to obtain
verdict
c0e of .he jurors said he would lite to have the law
On nankaaghter IN the first aud second and third de-
9rees.
Recc-ter-Ihis cannot possibly come under the
first seeoni degree and for that did not charge
you those degrees (The Recorder then read the
aw sking msnslarghter in the third and fourth &C.
1he Jury then re.i,ed asain.
Atss oeioc The jssy came i into court again, being
Ger sGeshntEts .or them and give them the
TO eihssste In. hy agreed before o'clock he would
Re ready receive he verdict and they did not agree
a'his hour be woud adjourn the court til this morning
1he Recorder into the District Atterne office at
tas hou enG lt wore 10 the jury that he ready
receive heir verdict, If they bad agreed
Ths jury returned answer that they had not sgreel
arc 7 ere was DO prospect Ct their doiug 50;
Tie Recorder then said he should go home aud sd
tuined the court tilt e O'Clock this morning, aad he
should keep the jury locked mp till this time.
The Jury were accordingly rntja charge Of officer
who to attend to them during night: and the
Pecorder went home.
TRIAL OF PATRICK HOLLAND, CHARGED WITH HE.
GAL VOTING
Patrick Holland put the sand charged with
voting illegally or attempting TO vote twice at the
seTsbth pei district Of Il Tgenty ward the
last election.
from the testimony OF the Inspector 1t appeared the
ceendan came to the polls the second time sail lie had
tefIe only yoed part OF tie ballots and wanted vote
the rest &c, asked for information upon the sub
ecs. Upon this obcer present arrested Holland and
tetA lrm to prison.
lave been arrested. Gentlemen Of the jury ii this
wsat to the polls the second time to AK for nfoma
tion ind to vote the remainder of the ballots which he
had uneoubed right to do, and officer comfg M
ard crsr2uy him topIison great out, age as
| can te perpet-ate6 IN civilized community
1he jury Of once gave verdict Of 'sro. guilty"
ftcosfcr-Ar. II iand; how long have you been IL
p.isenf
HclaDd-ESer since last election day
Recorder-RtI, Holland. you ought never TO have
tesn licked mp 1t was gross outrage am sony tina.
Il not in The power Of the Cturs 20 renerate ysu Cor
the wrcng that has been done you but courts have no
power CT this siLJ.
One OF the jury-Ie ought to have the one hundred
dollars which the officer expected to get for arrestiog
him.
Recorder-Ths would he no remuneration for such m
Outrage The auit was it'll the committing magistrate.
Here is The difficulty In these Holland, you are
dirclav1ed