The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-24
Trial OF VIM. Soners for the Murder or John
b. AiI<cn-The Judges Charge-yerdict Of
granddaughter In the First Degree.
VtKT OF uENERNL SESSIONS.
Before Judge Russell.

COURT OF GENERAL SESSIONS.
Before Judge Russell.
SET. 23--After the Court opened this morning,
Mr. sedgwck the Assistant District Attorney proceeded
to address the jury in support Of the indictment found
agarst VIM. for b- murder of John B. Aiken the
second mate of the ship Mandarin by stabbing him with
dirk knife. The prosecuting officer reviewed the testi
mony in dspassonafe manner, arguing that all the cir
cumstanses show that the prisoner unusted
in his Of the knife ard that he inflicted the stabs
the deceased in malicious spirit.
THE JUDGES CHARGE.
GENTLEMEN JuRy--The defendant is trial
charged with the offence Of killing the second the
ship Mandarin the Goth of May. II is in which
public Justice Is interested. fellow being has been
suddenly ant by act of violence deprived Of life and
il concerns the whole community TO make solemn
inquiry into the transaction and TO punish the
defendant, II he has violated the law; aud il is
for you to investigate the affair and 10 pass
II according to the law and evidence in the ease.
What constitutes the crime OF murderY The statute says
that every wifu and intentional taking Of the life of
human being without justihabe cause murder IL done
with dcbcrati,n and not in the heat of passion Igal
malice inferred from all the circumstances Of the
This presented three questions for the
sderaton Of the jury: First hasa homicide been com
mttedS Secondly did the defendant ntict the blows
the deceased that caused his deahS Thirdly is u hcmi
eide in the first degree, OF the lower degrees
OF nanslaughter, or Is ii cxcusabc usthabe honi
cider the poin, they could have doubt for
evidence clear upon that subject the second
point they had 10 search the evidence ia order to arrive
a correct conclusion Tho City Judge then reviewed
the testimony. IL appeared that the 10th of May the
third officer OF the ship Mandarin he second officer the
dcccascd) ordered all hands deo all Of whom obeycd
The command except the defendant that the second
went 10 the orecas'e took the prisoner by the log and
pulled him out, using harsh language that scufne
sued and the deceased heard TO cry out-"Oh,
OH Gcdi" that he went ON deck and died
Immediately. ON the body found six
wounds, and the slabs were inflicted with, a
knife. The defendant also found with his hands cut,
a Gu, over his eve and his face bloody II appeared
that the defendant and the deceased hsd had alerca
ton the night previous, and in consequence OF
noise in the foreassue the second rate went down bad
Ina
bead on The jury had also the admissions Of the pfi
To she officers One Of the officers testified that
when he went ON board he asked who committed the
murder TIE defendant answered IL did IT, because he
deserved it, The officer that he said he
determine whether the done by the defendant
and whether IL murder, granddaughter or excu able
OF ustihabe homicide II the Gaze como within any Of
the degrees OF mansaughtcr which his Honor read, IL
could be deemed murder, although accompanied by
circumstances which made up that crime. " they
satisfied that there struggle between the pri
and the deceased and the blows struck by
the defendant In the heat Of passion they could
ys' q murder, ., ney sn.%,d Ds satisfied ,ns,
use the knife and the defendant got possession
Of IL, and inflicted the blows that caused his
death, then would Nc cScuabie jusiifabc homcide
The homicide would be justinabe under Law only
Il committed when there ressonabc
grounds " apprchcnd design 20 do him great per
sona injury and there was imminent danger Of such de
sign being accomplished Thus the Jury Ia he tho
Judges and ~ Is for them ay, from an the circum.
proved before them, whether there
BILE grounds for such apprehension and whether At tho
time there imminent danger that great person
al injury would have been done 70 him II not proven
20 whom tho knife belonged The ordinary sailors Jack
knife all that found possession Of the prison.
CT The material point they had n determine
was. !, who the of the dirk knife
Was that would he likely n be
the peesesSion nc occr OF the vessel ordinary
seansny should the evidence satisfy the inry that the
deceased in the dschargs a his duty proeedsd to make
the defendant deck w do his duty. and he
sautei by tho defendant strugrc crsucd. and the
heat OF passion the defendant inflicted the blows that
caused his death, would be nanslausher in the third
degree In conclusion the Judge said~-This case IN
wolves the life and liberty Of the defendant and charge
20 grave and serious Consequences requires yoar
part the utmost caution and deiiberaon. weigh all the
circumstances In the case apply tho rules of law Laid
down hy tho Court, and endoavor arrive
cocussn " the evidence does fully satisfy you u
his guilt II your minds vaclate doubt, n
your duty acaui, because the law regards him
cent 30 long you have reasonable doubt OF his
guilt but II, the other hand fully nScd
Of his gum, yon satisfied beyond reasonable dcub,
Il II your duty IN convict.
The jury retired at twenty minutes TO twelve and
into the court q, four O'Clock.
The Clerk called their and asked them they
had agreed upon verdict.
Foreman We have.
Ccrt-wha, say you, scuicmcn-is wiIlans somcrs
Foreman-we ind him guilty cf msnssugAier IN the
| first degree.
The District Attorney said that would no his duty 20
| move for Judgment IN the saturday.
n the general opinion that verde; would he
IN the third degree aud hence the verdict
Of the jury was unexpected and created not little
l citcment in Court.
The prisoner did not seem 70 be much affected by the
decision ~ the iury, but retained the composure
which he cvnccd during the trial.
The crime &C which Sypers has been found guilty is
punishable by imprisonment in the State Prison for lite