The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-19
Thl . TsiAI Of MlenaeI Camceml Cor the Mar
der OF PelIcsman Andersen--The Jadge's

Thlis TsiAi Of MlenaeI Camcemi Cor the Mar
der OF PelEcsman Anderaen--The Jadge's
charge.
SUPREME COURr-CIRCUT.
Before Hon. Judge Wright.
JUNE ls.-7Ae People Michael Cancemi-Mr. Ash
neAd snOr counsel for the prisoner summe up on the
part Of the deie nee followed by Attorney Cane
raj rrenaoe who msdo the coeing address TO the jury
SeT The prosecution
The Judge In changing the jury, commenced BY saying
sha be admire the patience and attention with which for
zen days they bad listened TO this nves.g but
their duty do The crime charged murder tho
preoner involves ha Issue Of lie and deah, whilst on
The oher hand ia, perhaps the equally important ISSUE
whether in this city teemiog With immense mixed pop
ssop having bat title security Of person and property
beyond what the Ia throws around them law and public
justice to be INDICATED Thoagh murder may hav
the law s not be administered with vindcve
Sess be sacrificed through passion or preu
DICE mr. is ustice 70 fail by reason thereof Every
OF crime s entitled 70 fair and impartial
tsl aod is not to be condemned unless jury Of the
country be satisfied from the evidence, beyond
BILE sonb, of the gull, of accused but when the jury
are thus satisfied no sympathy prejudice favor
should Intervene TO prevent stern discharge of duty.
10 trying the before you, you must try upon
evidence presented and ia conformity With the
law and regard what has been said lone the
Tor trials. Nov, gentlemen, may be import that
should say few words to You respect the charac
tie evidence In the a1miDhtr alton of the c-mi
ssl law and juries driven necessarily
manly upon the testimony of others Truth ia be
eneied through The medium Of huBau evidence Tas
svdspce lie Of two kinds direct positive, and inject
rcnrosaptsi. Ia direct when the testides TO
having bio lie cted pistol dree, sud identifies
be psrsop md ctpg The blow firing the pistol Ia such
sase, toe witness oe fully accredited there Is direct
Of the fact Indirect circuus,aptR evidence Is
he presentation Of an array OF facts from wnch jury
nay naturally and ratsopay nfsf the existence OF me
sin TACT sought TO be established Thus, IL be
stabbed in the street by another Zoo ooe seeing the blow
:cteo) and the person stabbug e To leave the
Roupded pursued and TAKE with bloody
his possession though there BE- no direct evidence that
he wound inflicted by such person, yet from
NE attending crcuu stances might De raton
ally Inferred The circumstances and facts must
'ot only be Consistent with the accused hasing
Omnitstd the oct, but the jury must aso De sisaed
ha the facts sucn 10 DO Inconsistent with any
timer rational conclusion than that the accused the
u'I,y person Wnen combustion OF crcu instances
elied they must be coincident, ana tend
anti dy 70 establish the nsin proposition any Of
be facts linked the chain mich together points 10
he eui Of the accused BIS consistent ~h ianosnce or
sieps with guilt, the whole becomes unrelia ole.
the ooncrct ard ao:s Of person charged with crime
nay be shown snf il such conduct or b. inconsis.
ep with Innocence ano point drectiy and nationally
guilt Of the accused the jury may rghtfuy infer
;ott satisfied the truth OF the facts proved. Circum
spsI evidence may tpariy be less certain and re-
able than direct or positive evidence somet mes hos
ver the proved are OF kind ano caarac
10 produce quite strong vcton upon the mind
direct evide1ce In the investigation OF crime
en driven rely upon this species Of evidence Orne
md hence u the verocts Of jures were TO be in.
sar ably pyedcofed upon direct or positive evidence
Lpe otsnir,es the feon would 70 UNPUBLISHED ana pub
is justice would be deeated not be ing
INDIRECT evidence, improper convictions may occasionally,
locg period Of e have occurred that refuse
oct upon altogether the prooabt that quite as
many improper corvictons have been had upon direc.
whence through the false tes OF Witnesses have
be proofs offered convict the prsocer at the par
AXE Of character direct and Indirect statute
enpss murder 10 BE- the killing Of human being without
utbory OF law when per petra from premcditated
etsn 10 effect the death OF the ~ killed So aso
.nbout preo edated design effect death, The king
hun an beng by another whilst engaged 10 the
asion OF felony, such burglary, souid b. murder
sbe foi MFR the aw the malicious
rom the mere &C, Of killing because the natural aad
have been intended by the author Malice Is Implied
the act Of kilOg ana Ia for the accused 10
ro-ecutIon s.rsw kng 70 have been excusssle or
isnsbe homicide, the accused woud not be driven 10
A. death tho accused must have been et gagged 10 the
csnsi ecme,on Of felony at the time OF the no niciie
the felony alleged be burglary, ana the burglar ha,
81 the pIcmkts and rs engaged In another offence a.
40 time OF the murder, ne could not DO convict
a Of murder under . count in iadicimen.
hanging killing while engaged 10 the commission OF
poo either one Of which tne prissper would CO found
My OF murder IL the eviien,e proved that he nal
lled Anderson. The first charged premedaion; the
sccLJ hat the houicoe committed oy prisoner
mist 10 the perpetr alton Of burglary 10 either
kt Ing would be murder On Too morrlog OF to-
Jolly last, Eugene Anderson, Q member OF the p,lce
epa' tnent Of tots city, murdered The Grand Jury
otafged the killing OF Anderson 10 be murder, aai
the prisoner a. the ba. for trial therefor Tore
'ere, therefore, this csse circumstances for
irors' consideration First was An ierson murdered
econd, was he murdered by the p,isorer a. me bar
nth regard 10 the hrst question there seemed 20 be
spu,e about the fact that Anderson killed 90 tae
otnpg OF tho 2ist OF July, and from The proof In this
are, no fell not by bin hand. There coutd be iie
oubt from the evidence lat the wouods wncb caused
s death we're made by balls or siugs from ps!o or
her firearms IN the nanos OF some other perspn. Bi
most important question in this sho committed
10 mufdeff The Court then recapiniated the main
oipis IN the testimony and stated tuat purposey
aped from either going through ali the details or CON
renting oil the contradictions The question
I the cretibiny Of witnesses be said, ia Tor tho
wy 10 determine They we're not, hoFsver, arb.
srily TO dmcpeda a witness when there IL no reason
rn In determining tbis credibiny they 10 tsse
90 consideration the manner and appearance of the Wit
the probability Of those statements IN the Of
'Dgs. II the testimony be Inconsistent 10 mi,eriL
would he reason for oIscreditiog il; n the w.nss.s
e'nnopy DO wihnliy false N any ons ms.s'isl
ntculsr should be dscreited slIogetber.
however, missa'enent be uninten ,opsi aud il q,
% time or subsequently corrected expansd BY the
aness, would net be ground for wholly discredting
witness In criminal causes evidence OF the cbara,ter
the accused always ADMISSIBLE for The con.deratiou
The jury, and w. Tor the very obvious reason tbs,
pot 70 be presumed tbs. person who has uniforrnly
e commission Of crime. This evidence Of Character u
roper for the CONFEDERATION Of the Jury ana may be
by the accused IN Inc nvcatra alton
sde u "a not simply In doubtful that GOOD ch.rsr
will avail: but N good character be- sasstsc,o-v g.
birbed may sometimes Of itself raise q Doubt In
ees when the other evidence is nearly bsl.ne vi
slightly rrepondcrstes against the accused the pre
mpton from proof OF GOOD character great
eight THIS proof ought 10 weigh great deal with tho
~ unless this presumption s removed overcome ov
other evidence In the have said " ycu rrn.
emen, tnsl here be reasonable doubt--ard this Is d
applied notto scase OF this Kind alone but 30 a ases
after care al aud candid and Conscientious deliberate
a hgcnt examination Of the evidence IN rrimiaai
ose Hxwa altr Sln 1nskf a..
md OF Juror that the party accused n guilty then
Va W return verdict 10 that effect But II after
oh careful scrutiny and examination OF the case you
oud the conclusion that thsre reasonabe
rational doubt-there may, erhaps, Intervene vague
spicon--but IT. amer all, there rational donh, OF
gui OF the prsoner-then s your imperative dutyto
vi him guilty.
Al about ave O'Clock the jury retired.
AT nine o'clock the Judge into court Tpere were
mpars'ively few persons present Deputy Inspc. tor
.-penter and come policemen were there.
The JUDGE addressing the counsel for both siies)