The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-18
TRIAL OF PATRICK LALLY FOR MURDm

Conviction OF the Prisoner of Manslauehsor
In tho Second Degree.
KINGS COUNTY COURT OF OVEN AND rRRMrNDR-
Before Hon. s. a. Strong and Associates Emmoos nd
schooumaker.
AZ the opening Of the Court yesterday morning ~.
James Brady commenced summing up for the dsfescs,
and ooptr ued until 10 O'Clock when taksu
On reasrsnblirg Mr.. r W. Peckhsm made his closing
address for the prosecution occupying about two hours.
when Judge Strong charged the jury in substance fol-
lows
Council in the bad laid down the rules Of Law
generally correctly thai lesser duty had devoved upoa
him than otherwise would have DONE IL fasK u
the prosecution that these had been the subject Of
joint Indictment They would not be pay any
ard to the excitement which may have existed oussds.
they would decide upon the evidence. He would
slider whether the death homicidal, vh6;her the
prisoner the person who struck tho blow whcth
was struck by his associates TO make him liable;
srd thirdly The degree Of guilt, any. He would not 60
into any Heightened details Of the testimony, which hs~
ever, he carefully reviewed in ts r,su features was
the death sccidcnalS They had heard tbs testimony
to his familiarity with the place. II u accidental,
NUT have been from falling down the stairs There vas
there in the hall entry II did not appear that he
wac intoxicated in any degree cid not appear thai he
bad drank moro than once or twice. which wosd probA
bly, have little effect upon him They had hoard
the wounds described Oce physician I'D not think they
could have been caused BY ialL Dr. Ayres, who vas
but Dot probabc and safer and better for juries 70
be guioed by probabilities rather than by posribs
ties IVES u probable that they arc Innocent
q they had seen Mr.. slrhonson falling dom
the STEPS In the manner described--s ma,
that hey would not have renamed and assisted him.
They 20 take this In connection with The sdmg "
be- berg and al ali acssvss ~ss
prone 10 suspect ard try TO prove those guilty whom they
charged with crime. These were the questions ups.
k.k t,.v nail. IA
they 70 the ooncuson thai accidental thers
would bel occasion pursue the any further not.
who tho ysrttss he cid not think there was
Ting TO lead 10 q supposucn that ID the act Of any
else. Az IN the motive tbey had heard the romMks,
Ibsv b,s uss,sa o9t On The room soms few n,nu, Ne
fore they ury bss DO doubt sought The reason vby
hey renamed 10 the passage u was perhsp. 70 have
acme conversation Was the announcement that thcre
crowd In The street made BY them any Of thems
II ~ any ese who had made II, and then
away, he must have done 10 without any motiys.
IA d,d not appear there wss any such thing a. crowf
there and N was, they that made the
sh., r neir MOTIVE AZ me no . .ho summea No
stent With the guilt o. the parties accused otherse c
cumstsnsl evidence not sufficient The intent vas "
an a deadly weapon used; and man might commits
murder without deadly weapon whore man Vas
thrown cut of window where death would be likely "
follow and n this case, IL the bow struck ~ The Top
OF nisht OF eleven stairs 70 precpitaie him down, vs.
circums'ance 70 be taken into consideration. vN slss
question whether there vss a community OF purpose
auors those persons and they bad consulted together 70
lure him out, and deal him heavy blow, which would
probably result In death; then 10 would not maftv Wis
savck the blow the blow OF would be the blow a
each and all But " there was community Of design,
then u would be oaly the one who struck
into consideration and they should require very strong
evidence q such community. Tho admission 70 Captain
Smith would DO very suong II he could be presumed =,
know the law but perhaps that might be qualified, and
il might be tskes sdmissSy only that he had bad
n bis sss (. ] mot Se; ss;
The LIE q smopson with mt 10 ,ake y, was only
gree which did roo apply. IL u wss BY pushing ao-.
the stairs, or by "brsss ksuckies," might be W =
cruel and unusual msnner and come within ,ns Uo@
with tho nsked fist vas cruel ara Unusual ms".r,,
and within tibet, as there was no presence .es
usiiGable or excusable, II would be msns's"s"ee
NJ. Fraoy excepted to the charge every instance IN
which his Honor he'd said who're the ,Ne'eut w
evidence ives 10 be found, and he asked MIN now 70
,ha, thew ire 10 prcsuuno the fall WIS accidental
une,e they were ssned by the evidence Tor me prose-
cuion that was not
cane, snrbcr excepted 10 that part In which he chsrg
A ana, they were be guided rather by prubsbiincs
than possbiIi,es end thst N cnoums.n,ai evloseee,
vhcre a possibility existed the defendant vas entitled
r CONT refused 90 W charge sxccp, ths, in al
M aoubt they TO eive The prisoner the hencnt.
ocmp,e excepted, ara thsp s,k.d also that be vouId
charge the parties being together 70 evidence 81
con munity 81 design.
50 cbsrscter tho Court would charge that a
doubt n W m very Important
The jury retired about minutes past i've O'Clock,
with directions brig 10 sealed verdict unless tney
sereed before seven ooicck tll wbicu time tie Court
seven O'Clock The Curt rr.sseubled and the Jury
came into The room with vrdict Of msnssaghter IN The
Judse Strong stated that bc would ssulsuce the psi.
s'rSr this (Friday) norpipg at ten O'Clock.
Tne jmy sgresc sho',y refore seven o'clock