The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-19
copar or GENERAL SESSIONS
Before Recorder Smith.

SECOND DAY. snr. Is-The Court OF General Sessions
was opened at 10 O'Clock this morning b. Recorder
Smith aud the trin OF william schaSenberg, charged
with the murder o. Helena Meyer proceeded with. The
court room was orowlea than the day before,
among tie spectators being G great many Germans,
friends of the accused The accused brought into
court looking perfectly calm and collected lie was
ccnhdent 81 an scquittaL
AZ az ,he jury called, the was summed
up on the part Of the defence y Mr.. II. L. Clinton who
spoke from 10 O'Clock till - and then Mr.. A. Oakley
Hall District Attorney took up the case for the people
and spoke for about hour.
The Recorder then charged the jury foiows:-Gen.
tlemen Of the Jury-in all criminal cases the jury
the sole judges Of the cts in the The law must
be eceived rom the court II the oourt err there is
higher tribunal where tho may be corrected. This
prisoner IL indicted for the crime Of murder. When
death is perpetrated from q premeaiated design it Il
murder in the eye OF the law The rst question Tor you
TO puss upon Is whether the person Killed died from the
wouno inflicted and If the wound was inflicted by the
prisoner. The second question then is was IL the nten
ion Of the prisoner to take life whom the blow
truckS II you do to this conclusion, then the
crime II murder. If believe he did not intend To take
life when he struck the blow then The crime Of lesser
tegree is called mansllugbter Now will explain to
the law upon the various degrees Of man.aughter
THE Court here read the law referring to the four de-
lrees Of manslaughter Now let us look for the pur
poses of conclusion at the facts Of this case and then
apply them to the law as have laid down. With what may
be the result OF your verdict you have nothing to do The
6rst that hear Of this case Is Sunday after
noon In this low den prostitution where persons were
assembled. The company was about as far reduced as
human nature is capable OF being reduced The keeper
Of u house has himself since this murder married
OF his prostitutes And, gentlemen were these peo
pie ut all against The prisoner should instruct
you to receive their evidence with much caution; bat
these people appear to be the friends of the accused and
he was their patron. We find that this Sunday
afternoon the prisoner, in this house. struck dagger
in 10 camss h Ss TINT hs
Gated. II is claimed that This insanity Of mind
produced by drunkenness Upon this head, 1t is my
duty to say to you that man in insane mind
not commit the crime Of murder Now The law in this
is voluntary drunkenness cannot excuse the crime
Of murder; but the jury take into consideration
whether the crime was premeditated not 1t is
necessary that the power of discrimination should exist
in the prisoners mind at the time of the killing to make
itJnurder band of drunken rowdies about the
city with knives and pistols, committing Wholesale muir
der and then no court and say they were drunk
and upon this plea should be excusedf the power OF
discrimination existedthe charge OF murder would be
good. II he intent existed the time of striking the
blow the charge OF murder IS made good small and
trivial circums ances ia such case are important some
times for consideration Now from the evidence OF Rebel
we learn that the prisoner drank vine but not OF an in
toxcatiDg kind. Nor was there single act in his MAJ
during that dry 10 satisfy you that no was in
alteration Of minaof this you are to be he judge Re-
bel says he his house about O'Clock in the af
ternoon. We asl him what he did. He says lie drank
asked others drink. He took supper and handled
the potatoes with his finger insead Of bis fork Now y
there In all this single act to convince you that
he was ignorant Of what he was doingS The man
of proving insanity is 10 call witness upon the
stand and prove by him the transactions OF the party
and then call physician and ask him if the testimony of
the witness was sufficient to prove insanity. We
next TO Caroline heDe she discover
strange in the Of the acsusedS II she did she
failed to make il known upon the stand. Now We come
TO Wagner. He says soon Us the blow was struck
the prisoner said, she will not rise from that sofa
shall be hung for it, and that il ALL" Now, IL this the
exclamation Of incoherent mani Wagner says he did
not notice the prisoner that day. He appears tn be
friendly the Now if there had been anything
very strange In the actions Of the prisoner, would Wa
gener not have observed it2 This is question for you
10 answer (Ihe Court here continued to review the
rest Of the testimony above) Now, this, gentlemen,
il what this did and said from the witnesses in the
case Now, gentlemen, ask you II it is your duty to
coniure UP doubts when the evidence fails to pro
duce any doubts in the case2 If you come to the
conclusion that the was responsible for his ac
act premeditated Fit was, then it is murder. Now
the counsel says, where 10 the moveno crime IL
mitted without motive. / believe there Is man
earth who commits crime for the love Of it, But what is
motive for is not a motive for another. One
will commit murder for half dollar, and this is a
said by Meneke that this prisoner very fond Of this
girl The prisoner knew that Meineke In the room
with that girl that day. Now was this motvcS Thu
is for you to Upon the point of intoxicaton
| gentlemen have already charged you at length. Now
| gentlemen have charged upon all the facts in th'
If this prisoner intended to kill this gand this
| intent you must determine upon-then he must be
convicted Of murder. You to decide upon the evil
dence You not to compromise the case from one OF
murder mansaughter unless you consider the evidence
warrants you in doing You to decide only upon
the evidence and the law is to govern you in your de-
beratons. Gentlemen the is now in your hands
The jury retired about hair past O'Clock, and after
absence from Court Of about two hours and half
| returned with verdict of Guilty Of murder, with
| a recommendation to mercy"
The prisoner rcconducted to prison, and viii be
brought up for sentence on Friday next