New-York daily tribune., 1858-02-02
THE GREENWICH STREET MURDER CASE
aoykTOF oYYR AND TTRMINER-FLs. - beio's 's'se


OVtRSpf WIN nm
Tie Court organized this morning a. ~ %SIn M
AID sho-tiy sitter Mr. Clinton cornmenceo IN ;.@, "a
70 :he J1ry IN defence Of Maurice OCon1el I~nlr'ee ~
tor murder The counsel spoke with onusua' onu ,tahio
sess and worked up his material WIN coss'. ~. "a
ingenuity. lie spoke altogether io' 'i''' "'''
Tse C,ouTt then directed a reese hL 9cl,ck
,her,y af.er which it reaseembed wneh nf. ";naS '"
s.ldr.seet the Jury for the prosecution. ne S the
TO speak III 6! o'clock ana e'oseu ''e '"''
NJ Clinton then rose and called The attention OF lhe
Cont 10 several misstatements OF the esoe"o o.'
isponay made by counsel for the peoPe' j" '"'''u"e
M g T. Stafford, associated with Mr.: Clinton for
,,s defense then roee and read 20 the Court twenty
ooe propositions which the counsel asked ms Honor
10 cbaree the Jury part Of the law applicable 20
th.s case. The Court admitted the correctness OF
soue Of the propositions and denied the legality OF
Ire others. His Honor then rose and charged the
JuYy subs.antally at follows:
GEsrIpMEH OF fHE JURY The prisoner is indicted
for the crime Of murder. The clause Of the statute
under which he is indicted defines the oense - De he
Killing Of a human being when the prisoner - IN 'oe
commission Of sfeony in connection with this SUBJECT
there three things necessary to be proven
snd Wss.ber i.' !. vas nsd by the prisoner and
TlDd caused while be VS. IN the commission
A. 70 the fret question, o the death i'seh there can
be 10 question; all the witnesses concur IN that "
the mode Of death, there is, however considerable
difference among the witnesses. 1ne second ques-
ton is wss the prisoner present, and was the
death occasioned by him That he present
% beyond dispute. The history OF the transaction
shows him 20 have made the proposition for
entering the house, not with reference to what
Ultimately occurred there, for murder or the com
mission Of the other outrage according 10 the tes-
tinony did not enter into his iPag nation. He pro-
posed 70 90 there for the purpose Of getting drink,
cigars and similar articles without paying for them.
The party with whom be was associated entered the
hcuse without the consent Of the proprietor Inc
house wac closed. Sailor Dan entered and ad-
mItted the others, and Immediately on their en-
tenng all the inmates became alarmed at
Their appearance. Their whole conduct SHOWS this.
The prisoner who into the barroo,
M as % e % s ,S s1d by no o,s ns Tse d S
cssd appears sitting down. aud while the prisoner
' in the Sailor Dan and Toe dragged her into the
Some parties Of find officers Others e fr
rest aterwsld in Toole
set Of committing outrage mae-who she was he did
outrage apOn person deceased oaed
hand and they both testify hst the prisoner committed the
eisd.
The connection Of the prisoner with the transaction depends
The credit give TO the es;nouy Of Martin aud his wife
There other direct evidence show his implication ia the
ootrsee II they 70 be believed there be eon that
be committed the oct pretended that Mrs Martin s i'm
,sid no. believe her under oath Bnt il her
oDy sppoed the main fact il k intended to sustain then
ssndng he Of the officer Whether is sustained
ansd s scl husband and partly BY Of other wtness:
IoAopo therefore instruct yog to reject her evidence Yon
tef With regard any minor differences n the statements Of
Of hi. Rnd x:neses may dia in %Io T points Without
ihsir testimony becoming suspicious. -, :,
The female Yields her consent Is no rsP che rs; win
ps ne cns Ssda ~o@sD eOsd % oppose
stronger resistance ,bsn feeble sicily one In this css there
Sesns ,dy@ced io ase-sisky from complain. with
II sn evidence that she refused consent asO
:. se being & the re % two pmna 1 e0f ~
iont L ia evidence believe The witnesses that he
stI throat Taking circumstances conderato1 yon
sdse whether the oct committed with her consent
The remaining qae,t9n whether death ensped from tha.
wa 20 a. t n@fe ed yo ths. he fIa no
eSa.s o death and that he oIneS the opinion i
o hGsIs OF s:Isnga'1 podIMsas M eoHf0E & o S e n do
post examination rather in the use Of terms
than IL the canc1sions 70 which that doctor arrived BIT he
death II produced n her which produced deato
sn whether we're conseso1& & OF not pGeeu ab If SFon yo
ibi Immediately remotely produce desh ihen the
fmA hnk necessary make yol respecting the iac'
o III .s, There ar some q law sa 'yS & oeTs
smpe proposition: II you have any doubts so9l; e Sc,s as
spped 10 the prisoner any h being concerned
N The murder it amGrder any doubt about big being con
s.scS.se doub: then he i entitled to the benefit Of It, s
sS, gss s s hsye %ade S Their case then yoa
him The proposition is simple one and yet isvey
e"cp 10 convict the prisoner bound ssy Jury MI
ss, , e. VSyed 10 yo@r ,n If ey are uo 90
proved you warranted IN finding the psoner guilty
us benefit Of It; But II those facts made beyond
reasonable doubt then i your duty to convict am
The Witnesses does not facts Inconsistent with spy other
scP,os again Bi y01 mSst be saded on the evidence
Sodleed TO tha; the prisoner the person who commd
sns verdict Of sIty must be proved to your ssi.fon
Finally the Court told the Jury they must lay aside
their eelngs and aim only at the truth regardless Of
their sympathies. They had only one path TO travel,
and that the path of intelligent nfiexible duty.
His Honor commenced his charge at or and closed
at 6.55 o'clock The Jury then retired, and after an
absence OF about an hour, returned and inquired OF
the effect OF recommendation to mercy attached TO
verdict of guilty in the case. His Honor replied that
il could not affect the sentence the Court would be
obliged 70 impose in the case. The only authority to
which such recommendation could appeal with any
night 10 modify the sentence would be the Executive
authority OF the State.
The Jury further desired 70 know if the case was
one IN which they could find verdict of manslaughter
IN the brst degree. To this the Court replied if the
Jury found from the evidence that the prisoner had
been the cause Of the death Of SptziD, by the COM
MISSION OF simple mlsdemeanOr and not felony their
verdict must be mansaugher in the first degree. But
IN this connection the Court remarked, the evidence
IN The case did not render possible their finding bu for
ene msdeneanor, namely, for assault aud battery.
1ne Judge inrtheT said, they might also, 10 given
St OF circumstances, fad for manslaughter in the
fourth degree. And these were the only different.
case.
The Jury then again retired, and at about twenty
nhutes aieT nine o'clock returned again, whes the
NoSf, renarhed that the observation previously ma lie
boou hndlng for manslaughter in the first degree had
oeth nesily made and his Honor instructed the Jury
se Sney mao no uscretion IN this except TO find
iu erner murder or manslaughter in the fourth de.
kee. Sp1n ins they again retired, and the hour o.
Hn O'CLOCK having arrived without a verdict. the
N' '' "'''0ss 'Ai "a 0 clock Tomorrow morning.
COURT CALENDAR-THIs D,y
10 ~ NVTTDtNsRAL M IERN.-Nos. l03 To I0S