The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-17

Ccur, said that it was unnecessary.
morning would address the jury on behalf OF the
prisoner to be e BY the coun 81 for the on
Attorney General would close for the people
Trial OF Martin Dswd for the Murder OF John
Dcoley-Recorder's Charge-Ccnviction OF
the Prisoner.
COURT OF GENERAL SESSIONS.
Before Recorder Barnard.
JUNE 16-The counsel both sides having summed up
yesterday in the Of Martin Dowd charged with the
homicide OF John Docley, the Recorder proceeded 70
charge the Jury this morning as follows
On the morning Of the Sta of February OF the present
year. John Dooey sst bis fe His death was caused by
being stabbed with sharp instrument through the
heart For perperAting that offence Martin Dowd has
been indicted and placed trial Tho evidences having
been finished only remains for the Court TO lay down
for your guidance such principles Of law may be ap
facts as nav more readily enable yoa To
proper and legal determination. In oital the
jury should proceed carefully and cautiously that the
mott humane theory that the will legally admit OF
may be urged for the prisoners benefit at the
time the requirements OF society (as far a proper
view. The killing OF human being, without the suho
rity OF law, by poison, shooting stabbing any oher
Slaughter or sIoassbe or iusshaSe homcide according
10 the facts and circumstances CT each Suoh kill
ing unless be Or e.Spss5s or usabs
J. When perpetrated from premediated design TO ef
feet the death OF the person killed Of human being
2. When perpetrased by any act mmnently dangerous
10 others and evncpg depraved mind regardless OF hui
man fe although without any premodated design to Of
feet the death OF any particular Individual.
The third sub division way applicable 10 the
under Consideration In criminal the prisoner guilt
be made by evidence sufcieniy conclusive TO
exclude any reasonable superstition OF his innocence The
prosecution must therefore prove
l. That John Dooley Is dead.
q Ttsi bis death was caused by Martin Dowd.
That be took his life from premedtsted design to
T. That be was not justified In law In 60 doing.
10 Tor you 10 ray whether the first ans second require
meDs have been established ~ your satisfaction by the
DDoley, Jr.
Dyou determine in the affirmative, you viii then pro
presumes that The natura and probable consequences
Of every ACT deliberately done we're intended by
The author ard the burhsn OF proof TO overthrow this
ing Is proved TO have been committed by the prisoner,
and nothing shown 10 your satisfaction excuging IT, TIE
presumption Ia that s malicious and OF murder.
The intent TO take life formed instant before striking
the blow sufficient 70 constitute malice There
kinds Of maoe-express and implied Express msllcers
where II s openly established that with deliberate
intention and formed design kills smother; inferental
implied Ia where the law presumes Il from deliberate
act, though no positive declarations may be proved.
Malice, however, cn rarely, " ever be directly proved,
but depends upon circuman evidence, and any facts
which have tendency 10 Afford inference mrst be
taken into consideration by you; bis declarations before
and after the bis conduct throughout the
about him; bis manner OF using 1t, aud q variety
Of matters which viii readily suggest themselves
10 you while engaged In examining this case. TO
justify the taking away OF the LIFE Of Individual upon
the principle Of sedefenoe the danger must be evident
near sHd urgent, and NOT problsmaticL remote No
contingent necessity will avail and when the pretezded
recessty consists OF the a. yet unexecued designs or
pars Of another the prisoner Is no. allowed 70 jusfy
himself by reason Of their existence n the prisoner al
one time was In imminent danger Of death or Of treat
bodily injury, which Is aftcr wards removedo not
tnuirg up 10 the time OF the striking Of the fatal bow,
then he IL net justified II prisoner at any ume pre-
vous bad been In imminent danger OF
death or Of great bodily injury from the deceased and
With deadly weapon returns and XIII his antagonist
rs not done In self defence, the necessity
The provocsuon was sought By The prisoner himself.
does not extenuae Lessen the offence matter how
great may have been H. sa msi.er Of 20 imporsnce
provccaton Wa II there had been sufficient time for The
asson 70 subside, and for 70 assert M sway the
great importance for you 10 determine whether The prison
en- when be went 70 Ryan's the last tine previous
this and asked him W come do En-hal some
numbering hlm-had bad time for his blood 10
cool ard passion 70 subsde and whether any necessity
whatever existed on bis par, to 20 up 70 Ran room for
gone 10 their rooms Dowds room being the 6rst
foor Dooeys The second and Ryans tue third aud
being necessary for Dowd 70 pass D0oley room on his
way up stairs becomes important point 70 be decided
rheh, on the way up the last time In passing Conways
ooor was ssaa.su or ,nre.'eneo, 20 'n hu ne
Drunkennegs, which produces perfect though temporary
frtnyy Of nsa1y WIZ not excuse the commission o. any
crime II is an acquired madness, one which the party
voluntarily brings upon HIMSELF and while under ts in
faenoo derive privilege but 10 answersble 70 Law
equally he bad been in the full possession OF his
faculties. Where however the deprivation OF The under
standing and memory total, fixed and permanent.
cuses al arts. Whore u Intended that prisoner shall
be cd from punishment for the consequences OF his
acts, the ground Of nfoxicston, must be made dis
ncty and openly 70 appear that he was not capable OF
distinguishing between right and wrong-has be did not
know that what be dit against the law II hs had
partial desree OF reason proper use OF would have
counseed him 70 restrain those passions which produced
the crime prisoner capable Of dsting between
rg wrong, thea the law holds him 70 Be responsible
iot his acts kvery is presumed I, be aud In
NE u possesson OF his faculties, and 10 be responsible
lor the natural and necessary consequences OF his
acts unts the contrary thereof be made 10 appear by
testimony on the part OF the prisoner IT, therefore, gen
enen you shoud take this theory under consideration,
you mus be clearly and entirely ssteHed thai at tas s
fthe cnmnng ~ The act charged the party accused
ives 'aboripg under such defect Of
the nature and quality OF the be dong or n he aid
know u, tbst be did not know he was doing wrong
Napslauehter n the unlawful and felonlous Killing Of
another, without any malice, express implied n two
persobs meet together, and a sudden quarrel nxht
and OF them kill the other this s and
rot murder. The difference between murder and man
slaughter hthswbere the acf VIII u occasions DE desh
IA unlawful or likely 10 be attended with mischief yet tho
malice, either express implied, which the esseocs
OF murder, IL presumed 70 be vanngihe act being IN
pvsed 70 The nhrmity q human nature. No provosvim
whatever render homicide justHable, or even ex.
cusabe; the least do will be 10 reduce Il 70 mau
slaughter 10 determine, however whether the Killing
upon provocsson amounts 10 murder or msnsaughter,
the Instrument wherewih the homicide vas effected
must be taken into consideration for n we're effected
With deadly and dsneerou9,Te spon, the prevocstio,
NUS be very great n loweryfe crime murder ~