New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-05

In these days. when the fashion ID to spend
week or two in trying criminal case, and then to
wind up, especially if it be case Of homicide win
disagreement of the Jury, no little credit !" due
TO the Jury in the Hoboken case that they succeeded
in rendering verdict at all. But not only did they
,uceeed in rendering q yerdict-that verdict seems
to meet the exigencies of the Gaze. 1t is ono with
which the public ought to be satisfied, and which,
by way of example, is calculated to produce bene-
fetal effect.
With respect to the death Of Oscar de Granva',
there were four possible suppositions. 1t might
be that Cueva had predetermined to shoot him, had
prepared bis pistol for that purpose, and had laid in
wait for him and made an assault upon him with
that intent. 1t might be that, having originally in
tended only to use his whip, he had, in the heat OF
the contest suddenly conceived the idea Of killing
is opponent, or, at lea,t, Of endansering his life
and bad, under that impulse, drawn and fired the
pistol Either of these acts would have been muir
der, though the New rsey statutes would make
distinction between them, as Of the first or second
degree, involving corresponding distinction as
TO the amount of punishment. II might be,
however, that the resort to the pistol was
prompted only by fear Of great bodily harm from
the result to himself OF the contest into which
he had entered or it might be (Which was the
point chiefly relied upon by the defense) that
although Cueva had the pistol about his person, he
did not intend to use it, and made no attempt TO
use it, but that it went of accidentally in conse-
queuce of the parties falling while choched.
A .,o.k ;nr.,;.kf, h.crar. IN iho "a "A If short
and sudden ARRAYS, there was in this case most
decided conflict Of evidence as to the moment when
the pistol went off-whether while the parties were
standing or while they were pre- strate on the side
walk. Even though it were the case that the pistol
vent off only when the COMPLAINTS reached the
ground, it would still BY no means follow from that
circumstance alone that it was not voluntarily dis
charged by Cueva. A man or a boy who arms him
self with pistol carries it about his person, and
carries it cooked must be considered % carrying it
with an intent to useit and it, so armed he get into
Il voluntary collision with another party, in the
course Of which the pistol goes off, whether he is
standpg or fallen at the moment is but reason
able conclusion that it went of because it was fired
of. Certainly, in such case, it would seem to re-
the pistol might have gone off accidentally. Had
the Jury, under all the circumstances of the case
seen fit 10 return q verdict of murder, it would
have been difficult to mpeach them Of rashness or ~
verify. They chose however, to keep entirely on the
safe side Even giving to the prisoner every thing
which be could pretend to claim; allowing that he
discharged the pistol under the pressure Of alarm
for bis own safety-and it seemed to be attempted
by some Of the witnesses for the defense to raise an
implication that De Granva lad seized Cueva BY the
throat and attempted to strange him; going still
further and admitting that the pistol was accident
ally discharged in the struggle, still the prisoner
was guilty Of manslaughter, and that was the YER
dict which the Jury rendered.
very valuable lessen has thus been taught, by
which it is to be hoped that not emily our youth but
their guardians and teachers may also profit. This
practice Of carrying deadly weapons is getting to
be altogether too common. A person who, thus
armed, gets into conflict with his neghbor must
be prepared to stand all the consequences. The
doctrine laid down in the Judges charge upon this
point ought to be well understood, and should, We
think, form part Of the instruction given TO young
persons resorting here from Cub, or elsewhere for
their education, and who, perhaps. in carrying
concealed arni, only follow the custom Of their
country. "If" said the Judge, "Cueva COM
"menced the assault, intending only TO use the
"csre, and in the scuffle Get on foot BY himself
'the loaded pistol which he had upon his person
accidentally exploded, and caused death, he was
guilty of msnslauehter, because the death re-
"sulted from bis attempted execution Of an unlaw-
"ful act"