The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-25
The Murder OF Daniel stocIspole.

THOMPSON CONVICTED OF MANsLAUGHrER IN THR
THIRD DEGREE
GENERAL SESSIONS
Before Recorder Barnard.
The trial of Abraham D. Thompson for the murder of
Daniel stackpoe, at Harlem tho 18th Of November by
stabbing him with bsyonet was Continued yesterday
Thursday morning. Counsel for tho defence called
number Of Witnesses who gave the prisoner excellent
character for peaceabIeness aud sobriety after which
he made eloquent APPEAL to the jury his Behalf
followed by the Assistant District Attorney On behalf of
the people.
The Recorder in elaborate and lucid charge present
cd the evidence to the jury, together with propositions
of law for their guidance in the determination Of the
lie commenced by observing that the issue which they
were called upon ~ Try Was one OF deep responsibility
apo great interest, for il involved the life OF human
beng yet while Il was of fearful importance TO the pri
soLer IL was equally 30 to the community at large,
for the welfare OF society depended upon the prompt anu
faithful administration OF justice and execution Of law
refore sympathy for the living should not bpd them
to the necessity Of justice for the dead the prose-
cution alleged that Daniel StackpDle, the 18th
Of November, 1858, at the ver House, at Har
lem, to his death by violence Unlisted upon him oy
Cavid Fox, Abraham d. Thompson and Charles Moore.
For the purpose OF snbstantiatng the charges made
against the prisoners the prosecution had introduced
ton as they Witnessed it. From the testimony Of DR..
DCDaghe IL became evident to him the Recorder) that
David Fox WAS not principal in the homicide He would
therefore direct their attention solely TO the question of
the guilt or innocence of Thompson and Moore although
Thompson was the only one on trial. yet the testimony
Of such q nature that It became necessary to deal
with though both of them were on trial Ia this as
in almost every important case-especially where the
transaction by lar number Of personasate
meDts bad been given by different individuals utterly at
variance with each other and almost rreconcabe with
truth 1t was for the jury to weigh the testimony OF all
the Witnesses and the truth asty of statements
must be determined by carefully sitting the evidence of
each individual. II they mpcachcd, the testimony
should be rejected; If not received. Two facts ad
pitted rst that on the day in question Daniel Stackpoe
lost his lie by Violence Second, that IL lost
by being stabbed by some sharp pointed instru-
mept in the hands Of one, leaving the only
question to be decided by them to who did it.
II tho facts proved did render morally certain
Thompson inflicted the fatal blow, then he could be
Moore inflicted the blow and that he acting in concert
and aiding and abetting Moore. All pereons who
present when felony was committed aud aided in its
preparation, equally guilty. To constitute murder,
tCuar length Of time. therefore, Moore Thompson,
they approached the deceased and enough
Nab HIM, fret formed design TO kill him, and in pursu
dnce Of that design did innic wound whereof he died
have been by Thompson and Moore together
there must have been joint illegal intention " do the
wrong the part Of both. The intent TO kill could be
shown from positive inercntal testimony. His Honor
then read the material points Of the testimony adduced
the trial. after which he referred to the various grades Of
manslaughter, observing, that the jury found that
Thompson inflicted the blow with dangerous weapon,
but had no intention to take lifc he guilty Of man
said, that il they had reasonable doubt review
of the whole case 1t the property OF the prisoner
and would result in his acquittal
The jury retired at ten minutes TO four and after being
absent fifteen minutes returned with verdict Of guy
Of mansaughter in the third degree"
There exhibition of feeling on the part OF the
audience the accused at the rendition OF the verdict
Thompson will be sentenced on Saturday.