The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-19
THE Tsial Of Michael Camcemi Nor the Mar
der Of Policeman Anderaen--The Jadge's

ThL . Tsiaa Of Michael Camcemi For the Mar
der OF Policeman Anderaen--The Jodge's
charge.
SUPREME coURT-CIRCUrT.
Before Hon. Judge Wright.
JUyE ls.-Te People Us. Michael Cancemi.-Mr. Ash
nesd ssnor counsel for the prisoner sume up on the
part Of the defence and followed by Attorney Gane
raj rDaioe who made the cosing address TO the jary
Ssr the prosecution.
The Judge, in charging the jury commenced by saying
Mat be the patience and attention with which FOR
Zen days they bad listened TO this investigation but
their duty TO do CO. The crime charged murder the
prisoner involves the Issue of life and deah whilst on
Che oher hand IA, perhaps the equally important issue,
whether in this CITY, eemiog With an immense mixed pop
ss,iop having but title security OF person and properly
ond what la throws around the law and pubic
jostce to be indicated Though murder may nav
the law Is not TO administered with vndictve
aeas &c be sacrificed through passion or preju
ace Is justice fail by reason thereon Every per-
accused OF crime s entitled 70 fair and impartial
ksl, aod is not to be condemned unless jury Of the
country be rasHsd from the evidence, beyond reasons
bic soub. of the guilt the accused but when the jury
are thus satisfied no sympathy or prejudice or favor
should intervene 10 prevent stern discharge Of duty.
10 trying the before you you must try II upon
ibe evidence presented and ia conformity with the
law, and not regard what has been said done the
former trials. Nov, gentlemen, msy be import Int that
should say few words b you respect the chsrac
ler o. tie evidence In the Administration Of the crmt
ss law and ufies driven necessarily TO re'v
manly upon the testimony of others Trotb ia TO be
enc,ed through The medium Of huDau evidence ras
svdtpce s Of two kinds direct positive and Indirect
II ia direct when the testiies
having bio IL cted pistol free, sud identifies
be p..,oD iD cps The S9w or aros toe pistol Ia such
proof Of the fact Indirect or crcuns'aota evidence Is
he presentation Of an array OF facs from wnch jury
nsy pataraly and raopaiy infer the existence OF
sin fact sought TO be established Thus, IL be
ibbed In the street by another Zoo sing the blow
Iactso) and she perton stabbpg In seen leave the
wounded pursued and taken with bloody weapon
his possession though there b. no direct evidence that
he wound inflicted by ouch person, yet from
ally inferred rne circumstances and facts must
sot only he consistent with the accused haeng
mn itsed The act, put the jury must aso Dc slasaed
timer rational conclusion than that the accused
uity person wnen acomotnanon OF crca instances are
eled 90 they must be coiocdent Consistent ana tend
anti dy 10 establish the proportion II any one Of
be facts linked in the chain, Mich together points TO
he gull OF the accused, bs consistent With iauoence or
sieen. with guilt, the whole unreliable
rhe concrct sLd acts OF q person charged win crime
nay be shown snt such conduct or acts b. inconsia
ent with innocence an1 point dreoty and nationally to
be guilt Of the accused the jury may rghtfuy infer
.pit satisfied the truth OF the facts proved. Crcum
sDAl evidence may on tDariy be less certala and
able than direct positive evidence; sometimes how
tho circumstances proved are OF kind aan caarac
or 70 prodoce quite as strong upon the mind
" direct evde1ce In the investigation OF crime we
en driven TO rely this species OF evidence Orime
rarely perpeuatcd In the presence Of Witnesses,
md hence Il she vsrocss Of jufee were 20 be IN.
var ably pyedcoied upon direct or positive evidence
loDe oentnes the ieon would 60 UNPUBLISHED and pub
Is justice woui5 be deesei not be 'ause resng
NOR ect evidence, improper convictions may occasionally
loog period Of tune have occurred that refuse
oct upon altogether the probabilities that qui.eas
many improper victioDs have been had upon direct
whence through the false tee OF Witnesses have
Induced make thsee remarks Ia this case because
be proofs offered the prisoper the par
AXE OF mixed character erect and Indirect Our statute
ehpes murder 10 be- the killing of human being without
ptbory OF law when perl et ased from premcditatet
etkn 10 Eject the death OF the D. killed. So Also
.itbout prem cdated design effect death, the kng
hun being by another whilst engaged In the CON
1sson OF felony such burglary, would b. murder
n for the aw presum malicious intent
the act Of killing, because the aad
robabe consequences OF any deliberate presumed
have been infenocd by the author Malice Is inolei
the OF kDlog ana Ia for the accused excuse
y jassify Il; Il, how the eyAssoc ssdaced by tbs
ro-ccutcn the kIing TO have been excusable or
iunsbe homicide the accused weud not be driven to-