The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-11
Conviction Of Samuel Keys OF MansIrughter
asn the Fourth Degree.

KINGS COUNTY COURT OF OYER AND TERs-EER
Before Judge and Associates Emmons and Schoon
maker.
At the Organization of the Court yesterday morning,
Judge Knott proceeded to charge the jury in TIE of
Samuel Keys, indicted for the murder Of his wife. He
made careful review Of the testimony in the case
had been developed the trial. remarkng thai II was TO
be regreiedhat in Of such importance should
have been satisfactory statement Of the facts
by the witnesses called the part Of the prosecution
Tie positive testimony Of the fact of the blows being
struck is confined solely TO the testimony of enc boy
the boy James King He told his story with apparent
truthfulness and exhibited candor seldom seen even in
persons OF years The evidence of this boy alone
unsubstan.iated by other direct crcumstatal tes
mony wcald be insufficient in this TO convict the
prisoner of the crime with which he charged. II to
be regretted that in this there not ncre direct
testimony 70 the fact which this boy tesies In all
criminal prosecutions it is extremely difficult fer the pro-
scouting officer TO obtain the attendance OF witnesses
which material; and especially TO elicit testimony
from persons whose testimony would tend 10
consgn u fellow being TO the gallows or q long
imprisonment. The prosecution therefore
PEELED to go TO trial with such evidence IS there
could be obtained. The circumstantal evidence
in the case when taken in connection with the fcs tes
tied to tho boy James King would seem to render the
plain TO the minds Of all who had heard the tes-
timony. The District Attorney in his opening thought,
no doubt that he would be enabled TO show that there
was great quantity of blood the result of these in
iuries the That he had failed to show this and
other points not the fault Of the prosecuting officer,
but owing TO the fact OF the difficulties he, well as
all we're compelled 10 labor under in conduct
ing cases of this They have clcntto direct
them the they shall pursuc and II IS by no
means strange that they should ian IN establishing facts
stances The evidence goes TO show that the flooding
from the nose and mouth This VIII in measure ao-
count for blood tho clothes OF tho child and also
for the blood the clothes and body Of the woman The
crcustantisl evidence in connection with the evidence
Of the boy very clear 10 the commission OF homi
eide: and il she evidence OF the boy is thrown out the
other evidence, in connection with the manner and Ian
guage Of the prisoner seem 10 be sufficient prove
that homicide had been committed. When the prisoner
was arrested he inade Of certain expressions (which
what had beenmc Of his wife, but there evidence
that no made admissions OF guilt. From the
for some time previous was evident that ho had al
lection for her. and these expressions might have been
those Of careless Indifference As TO what became " her
That he infected the injuries there seems 10 be doubt
but he might nos have premedLaed the act Of homicide
II the jury satisfied rem the evidence that the pr
beat and kcked, otherwise maiircaicd her with
intent TO kill her, then he guilty murder Il tho
Jury were tho contrary satisfied that he did not intend
TO Kill her. but hst in committing an assault and battery
upon her she did in the wounds received
without ntentonen the part Of the prisoner 20 nic nor
TAI wounds then sAe jury must ind the prisoner g9 OF
the lowest degree OF msnslaugher-the fourth degree
Such has been the decision OF one OF the highest Tribunals
Of the state, and by juries as well as courts must be
bound was to he regretted that the Legislature had
ne fixed aeq astc punishment for offences OF this
nature but, in tho absence of other laws that was tho
grade xod by the safne In conclusion, he cautioned
tho jury against allowing thor syr,pathies 10 lead or
swervc them in the mater They shoud do thor duty,
regardless OF the consequences 10 Tue soncr Ibey hnc
notng 10 do with mercy in any form, except 70 make
Recommendation 10 thc Court, when Ewouid be proper
ly considered by the proper authority.
After the charge Of tho Court prisoner COUNSEL III n
Moore) submitted several points, on ~!ch he requested
the charge Of the Court but the Court scclnng To do So
the jury retired in CHARGE Of an officer
After absence Of half hour, the jug returned with
verde. Of guilty OF mansaughter in tho turth degree
The ~ received the rendition OF the verdict with
the same stolid indifference which has r.arSed him all
through she trial lie called up and aSked the usual
quesionwhat he had 10 say why sentence should not be
aacad uuru I'M pr9Cppied u(luhly
that his wife very bsdNoman; that 81 was almost
ccnstsntlyyn liquor and neglected his family that she
had sold ss furniture several times for run aud treated
him badly = hat on Tuesday preceding her dsh he came
home at the usual hour and found no supper ready for
and fed the children; that durcg the evening ncighbor
came in and she gave him thc ncighbur) sne drink
frank Of the lauor and got very drunk shchen went
Of the h0 20, and did no; return TN ne morning
prisoner got " IN the mosnS go. n b pre- ana
aboCs 10 O'Clock in til morning and fcund her
druak, with bottle OF brandy by her SIDE fe then
out and a. his return In &c evening fennd the
bedroom door osIed, and he Pu. child through The
window TO open tie door lie saw ale was on the bed,
and down 20 rsk the baby He did not know ale was
dead.till told Of and nnoosnt OF her death
child lie never struck her blow IN hs life, and ssd not
koow why he sho,sS have been ccps<ed of the charge
he Judge proceeded pass sentence, remarting at
the jury Ind found h7 guilty Of the orie OF manslah
in ,hsy mad fou guilty m1rder. would
hestatedo have passod sentence uf,oritm. There war
now nothing LEFT for tho Court but to s the sentence Of
the law watch that he be impressed in tho Stale
prison n Sag Sing for thu term Of two years.
The prisoser ,hsn,as<en 70 jail BY Che officers.
Catharlne King and her two children hare been
fined the jail Witnesses for the peVp,c since June
last. Since t,eir confinement Mrs knxs husband has
sold her furnure and broken up the household She aud
her family turned on into the world without
home and without money.
Application made yesterday 10 Judge lrnott, by
Dr. Charles Van Zandt In Der behalf, but the Court
thought 10 had no power 10 order an allowance. II
zouid however,. AXE the maAser into consideration and
,Lccide this morning.