New-York daily tribune., 1858-02-16
LAW INTELLIGENCE
srpREnfE COrRr-Gr,rR.l TnsN-Fsb. Is.

SUPREME COURT-GHSrR.L TERN-Feb Is
james Rogers P,inta in error ss The People ofhe State
The argument on the writ of error in the case o
| Rogers was heard on Monday. The prisoner was
present in Court. Mr.. John Graham appeared III place
| Of the District Attorney.
STATEMENT OF FACTS.
Pairta u error now lies under sentence & ct dea Tor the
Tue prisoner indicted sssned for trial the sd
fe wa. tried before City Judge Russell the sh day OF
Noyeuber 1884, and sentenced on the I'd d'y OF November
| The evidence shows:
fVst That the prisoner never carried or used any knie ek
Sccond Thai the time Of the alleged murder the prisoner
ntorated to such AL extent a' to b. deprived h reason
Thi,d Ts i. n'o&caion induced by his companions
First Point; The Court erred N admitting the testimony Oi
Bec,.et mmsteri. neevan, aud insufficient the Pro..
ecuon endeayons thereby connect the prisoner with kne
short before the killing and remote evidence OF such
a, .e proof collateral matters should not be allowed
10 form link IN the chain Of testimony:
Scond Point Tue Court erred in admitting seydence the
The prisoner the Witness Leaers, because,
The prisoner under aud in custody at the tune
The Of The officer snd the form OF h. question:
improper h"mselse' consitt threat or intl
dlon and would necessarily operate Oh the el' 0 the pms
The slus.ons voluntary within the meaning Of the
e II il the duty Of the officer and the t oi the psoue
be informed that bis statemens might be used in evidence aud
only sitter such caution are ADMISSIONS voluntary 70 4 eA9eu
Third Point: The Court erred in the charge because,
Ii the prisoner iu'empersiey used instrument not ia It's
nstute deadly weapon while inoXcaied -uch noAcation
a, induce the Jury to less strongly iner uahou intent.
When the question nteu, pemrd s0n IL concerned
evidence OF dDkennes, material IN determining the precise
The intoxcaon Is always be taken uto sccoun, when
povocston has been given, hr' blow struck because
a. The ntoars,ion OF Roger. wa. Of he gree OF ucupa
bic justly s,trbutsbe 70 others or Hale expresses se
"ccatriSanee Of evil minded persons -. ,., .
The whole coDduc, of Rogers the righ In question. wa
that Of boy maddened by liquor TO which he was un'ed-n9
G. The commonaw cls,acted.c. Of murder p,eeryed
hy
puedattd deisn 10 efec. death for niaic ,t9eto ahi
but as 70 the '.o id status, he anEa'se o the elder 7 pre-
Tie Court ercd iu limiting the iuoSSs'n 70 toa dep
Nson Of by OF il; whereas Il c.9l, l H.
snd party as.sled wespou sud Kills his ide'''y ms
Fou Po,nf: The verdict again, the evidence beesl'e
appes that the death of SwsDsto, wa' cand n mlln o
bat 'ha, The mortal bio" wss .tner - e Neat pA''" 'i
Me.srs +. ". Andrews. George ID. Kellogg, Of
counsel.
POfATs oS INF PART OF THE DIFRHDANIs ~ ERROR.
Tbs csse exhibits fearful oommentay utn tne ass ia,iY o'
human ill., in oar city p.se4be citizen accompanied by hts
wife, is returning home ifoH nsI.e ia l l"
.S, Tbey epeoqnter thee 5sprdely young
% s di 9qs % s yIsa. Ia. as SiS torn ss
show Inst be To. protector Of the woman,
hin ,o the IesTt aud 10 instant he de1d. The prpe.
tat n OF tie under Gs rnent a death md he consD,
Tn, Cor. Ia. the power grant trs II .s be
6ed a verdict agn the prisoner was ssain' the wright
a ieBe sEsrst a~ OF that B'e requires uial
On the pa Of he defendants in he following point.
The verjct of the ju not sgist The weight Of eyi
deuC.
H. The verdict agan, the prisoner asans. This
% i1yove. tbe Considoaos 6pf Oi the obc,ion. tes,i
ouy the pst q the prisoner ',aoaf u the Jujs char
The fu,y the exec pfions thereto
TirG.-A. 70 the objection, 20 te.timOny
Tnr .nony of DAWN Scott the by f1m whom te pri.
sssd the sppe and upn whom be
draw tie knife competent II show ed three
c,s: ('a ths the Prisoner had knife soJ ts, he not
ps.y drt AZ for he after tbs boy sni hi the dsoE
dsry cham ter Of the conduct of the prisoner be-
@ the sa' Ia se.on and that b. ~ss nc wans io proso-
s"u bat that h. was masns Counting IT, vdn9 upor his
LUs
Tn. te.mo,y OF fIspec;or Lcdcr,s to the confessions Of
tle pso5e s 10 ima Of his property T-cc!.ei u