The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-04


FREDERICK cUEvA, CHARGED WIFE THE MuRDn -
OSCAR Dk oRANvAL, CONVICTED or AANsLArOEr
TER-cLOsIHG SCENES or rHK TRIAL.
HUDSON COUNTY COUNTY (N ~ orsR AND TRGSx2
Before Judges Ogden, Morris and GsifRth.
Frederick Cucvs charged with che murdey Of Oscar de
Granyal in Hoboken, the eighth of July hast was last
night convicted OF msnslAughter.
The Court opened yesterday morning at O'Clock The
attendance was full as large the previous day the
number Of ladies being somewhat increased anticipation
OF the address OF Mr. Dayton Mr.. A. o. Zabriskie con
nued his summing up on behalf of the prisoner occupy
ing about hour and half, and making out strong
for the defence.
Hon VIM. L. Dayton, Attorney General of the State
commenced about II O'Clock 70 conclude the summing up
The exception Of half hour recess until quarter
four T. H. His rigid analysis Of the testimony, his clear
exposition OF the bearing OF the law upon the case his
ingenious discussion Of tho elaborate theories OF the de-
fence eloquent earnestncss fixed the attention OF the
audience during his entire address, and made many
Of the prisoner 8 friends trcmble for his fate.
eHARGh JURY JuDGE kIIAs u. D. OGDEN
Judge Ogden commenced at quarter to four TO deliver
his charge to the jury He commented in fitting teri
this the last in this eventful tragedy, and upon
the solemn duty devoiving upon the jurors, holding
they did in their hands the life OF prep0ssessing and
future hopes Of his agonaed parents He alluded in
terms OF commentator 10 the fact that during the long
and tedious trial serious questions Of law had arisen in
dispute between the counsel and tho Court and that the
examination Of forty three witnesses had been conducted
coYteously and fairly by counsel both sides to
the distressed parents whaterer might Be- the result that
their though in strange land had received fair and
impartial trial Hc defined length the degrees OF
murder manslaugher and homicide and what constituted
each He charged that II Cueva placed himself
in the path q De Granyal, at the fence; with
the intent to assault him he passed and voluntarily
discharged the pistol il murder. That Cueya had
at the time intention to shoot De Granya but did
the impulse Of the moment the offence mitigated 10
manslaughtcr. That If at any time no matter how short
y before, he had the intention to shoot, II murder,
provided that he had waited with the intention TO assault
him. That if he intended assault him. and did assault
him, and the struggle the pistol exploded accidentally
il involuntary manslaughter. That if Dc tiranvai
first assaulted Cucva and the pistol was accidentally dis
charged, that excupated Cueya. That If Cueva
mepced the assault, intending only TO the cane and
in the scuae the pistol accidentally discharged it
masaughter He deprecated the practice Of carry
ing loaded firearms only expainabe the hypothesis
that they intended TO be used whenever those who
carried them deemed il necessary. He charged that
when a necessarily fatal wound inflicted, and
under medical treatment the party died, the nfictor
cannot be excused unless he can clearly show that the
number ogeneral rules to guide the jury in deciding
pcctng the conflicting evidence in the and in passing,
gave singing rebuke to the witness Perylad, Who
cordng 10 his testimony, had deserted lady calling
for aid, acquaintance dying from fatal wound, and
his friend engaged in deadly encounter He strongly
charged the jury to give the prisoner the benefit Of every
rational doubt and to acqut him consistent with their
views Of the evidence.
the charge stating that if Cueva placed himself by the
fence med with pistol, with the assault de-
ceased, and IN the ARRAY the pistol was drawn, II
murder III the first degree. Also to the part relating to
the carrying Of pistol Also to the part relating the
witness Perylad.
Mr. Scudder for the defence objected 10 the parts of
the charge stating that incumbent the defence
TO show that the death caused by probing the parts
stating that Miss Susan Charles had 10 enough
show that Cueya had made premeditaed assault upon
he Granval and the part stating that the credblity of
witness must be overpowered by the testimony Of
two witnesses
The jury retired about five O'Clock and the Court
nearly cleared About eight O'Clock the Court
many ladies' had returned The prisoner brought
in accompanied by his father and the jury entered
companied by the officers, and promptly answered to
their names The Clerk then asked whether they had
found the prisoner guilty In and form lac stood
charged The Foreman, Mr. Sylvester replied that they
found him guilty OF mansaughter. The jury Is under
stood stood first six for conviction for murder and
for acaual; and after the three hours elaboration
promised on the conviction for mansaughtcr.
The prisoner preserved throughout the whole proceeding
he has during the entire trial. the calm, placid,
would 50 difficult to maintain in his position. The
father seemed 10 stare yacany with that digniaed
signed melancholy expression his face which
bc forgotten by any who has observed him in
court during the Ito hm harrassng trial Of the last eight
days.
The punishment for manslaughtcr in New Jersey is
either hne OF 81 900 imprisonment Mt hard labor for
ten years at the discretion Of the Court The sentence
will not be pronounced until next Tuesday unit, which
time the Court was adjourned.
our reporter could not consistently close his account of
the proceedings without expressing his scsno~ Judgments
Mr. Gilchrist the venerable and gcntemany Clerk Of
the Court, Tor opportune facilities.