The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-16
Supreme COUrt-Ger .axm.
pefSye Hon. Judges Roe- ~, "a e,,ha land

,, ~ sessions 81 the crime Of murder Ia taking tho
sso ~ one oB his wes father, on the 9th Of Janua-
- ,os :. 1874 sullivan street, in tho city OF New YORK,
:, stabbips him with sword cane through tho lungs,
a ! manner which, according TO tho testimony, must
,sye produced instantaneous death
Beore tho execution OF the sentence writ Of error
ss sue out by tho prisoner to bring the proceedings
ITO ,ho Supreme Court review, in pursuance oi the
,esent statute in relation TO capital convictions IN the
coyt Of Sessions Of this city, which gives 70 parties IN
.,.h saaes a right 10 trial, tho Supreme Court
ssa be satisfied that the verdict was against the weight
e evidence or against law, that justice requires new
"a, whether any exception sha have been taken or not
n, ne Court below claws Of 1856, psse U.s.
Several except,ons however, were specifically taken at
e >,a and are st insisted on as grounds for reversal
u~as con,esded among Other objections, that the in
.xuent was defective not spcnifyng tho Part OF tho
49, IN vb,eh the wound inflicted, and in stating
..k ono wound 10 have been given instead Of two
ne object Of Indictment is to give TO the prisoner
reasonable notice of the crime with which he charged,
70 may ee enabled to prepare his defence, and
sSas 10 protect him, necessary from second trial for
- osepce, ny showing from the record the identity
II the two accusations.
5his indictment describes the stab made by sword
sn and upon the body" OF Cnrnon, nfnctng upon his
Aedy tone wound OF the breadth OF inch, and
sf the depth OF three inchcsn of which he CONSTANTLY
aed." The torn body, in such connection clearly
only that part OF the human frame 70 which the
Aead and limbs are attached OF what consequence is
rgh, side below the fifth rib above the th rib,
whether there two wounds one If both either
rorsxR That these minute particulars are not mat
ere Of substance evident from the well established rnc
mat averred ono way in the indictment, they may be
objection, let US suppose that the wound in
rtead VI three inches in depth, had Turned
consequence have been an acqu.as Even the mus,y re-
cords OF antiquity furnish authority tor such PROPOSE
II they did, should not feel ourselves compelled
% follow H. The common law is progressive science
and Of its leading attributes is adaptation b the cir
sunsances and spirit Of the ana 70 the common sense
Of the people whose actions made the and Of
whose will Il is the presumed exponent The sta,rNe, too
sdmonshss disregard the cobwehs Of former
DAYS. "So indictment shall be deemed invalid sc, by
Of any defect mrerection In matters OF form,
which shall not tend 10 the prejudice Of Ia. defendant"
That the deendan. did not consider himself prcudced
Key TO be prejndced, by the alleged uncertainty os
0he Indictment shown by the fact, that instead of de-
Durrng, he went 10 trial upon H. and had conscious
Of the supposed until after verdict OF guilty
had been pronounced, and be instructed by his
Bel 70 move arrest Of Judgment.
There are many objections which may be taken before
tat cannot be taken after verdict And the law that
point Is the same in criminal as in civil cases
The suggestion relates the who. be-
ing challenged said that ''ho had road part Of the
statements IN the papers at the time OF the homicide,
md had formed preconceved dea in regard TO the pr
osDers guilt or innocence, but had bias way the
sther that his preocnceyod idea impression would in
10 way influence his verdict. ou; he wculd BE- governed
entirely by the evidence produced on the stani''
The Court below admitted the juror g. be qualified,
eDd rs quite obvious that jurors such grounds
- be rejected, II will BE- impossible the present day
% administer justice in sufficiently exciting inspire
ancwspaper paragraph Every male admit over twenty
one and under sixty n possession OF his natural fac,
Nss, not innrm or tecreIa Of sound Judgment and
vel informed" (and no other can be jnror), must read
she news Of the day. and must from such reading, form
some "dea or impression IN Idea or impression, there
re, 70 be disqualification, competent juror the
present. time, can Be found; for no man. in a land of
newspapers, can be "we informed without reading
vnh "scand judgment, can read without receiving
"dea or impression
The Of Cancoai, when last under review in tho
Sourt Of Appeals, involved two propositions relating
the alleged improper allowance Of n Juror, and the
Ssher 70 the erroneous charge All me judges agreed
nat there was error in tho charge, but al did not
agree, nor was necessary 10 the result that
hey shonid, that The Juror was improperly i'd
nited. In other words, all agreed m tho pro-
Yriety OF a trial, some one ground, come on
NE other and some on both. Tho decision, therefore
can hardly be considered IS controlling authority on
chher OF the questions referred .occrtals support
the proposition for which is cited In tho present case
IN lie strongest aspect further than to hold that
juror who had both "forned and expressed an oinon
vbch was 50 hzod that itwoa!d rcqiirc affirmative oT
tnl umpire between The people and tho p1isonor Tho
ease Of therefore, although illustrates does
teEdcd for win be found embarrassing practice that
should rather be restricted than extended.
10 understand the other points discussed by the
nary Sanchez Il appears, only few weeks praVou
she homicide bad been married . cgrnoa's daughter,
And had taken up his residence in the house with
his father inaw. The family consisted o. Mr.. AMI Mrs.
Carnon, their two daughters and sanchez o. the nie:
does not appear OF Cmnous sword cane rather the
sword drawn from The cane and wh hls wife 'sls in the
ne basement. Mrs.. Curnon say So
Ny husband and proceeded up stairs % led
Ssna anS e sa a ano s ro w s ~
bedside IS looked il through The small window he head q
, sso xns es Sa he made 20 P reply e sp9s e s
oor, 10 Which, ske ansW cred He Won't let me- 81. my
nana % he door and gave one shoe aud aw os which
me there vas 20 one saache1 bounded q
@ sSs e II rs In n Sd
a lame S 9a e pr e. hem s ap
ny husband saw ny huseSpas hand raised saw San
blow in the morning saw husband lying dead on The
Here would seem 70 have been, IN the common accep
sation OF the term, premcdtatcd design effect the
death Of the person killed but shc act may be murder
Killing says the siointe shall BE- deemed murder when
perpetrated by any act nnnenty dangerous 70 others
and eyinciDg depraved mind regardless Of human e
although without any preinedialcd design effect the
death OF any particular individual! Whoever reclessy
uses murderols weapon is in law responsible for the
Gonecquences The law does regard the want Of aie
quate motive rngs alton or justification or as EVIL
ence Of that species Of insanity which makes the perpe
Hator an irresponsible machine Mere jealousy, Ike
hatred malice, may explain, but cannot excuse the
wanon disregard Of human he The object Of penalties
b TO compel men 70 control their depravcd minds, and 70
teach them nd 20 yield 20 !.onziod passion. IL this
view, what defence could be 70 gay that some person
had told the prisonerialsey as appearshat lis wife
5red husband might naarnc passion, but in the Of
dangerous weapon, would have 70 tendency 70 show
any absence Of desin to effect dea TO reduce the
crime from murder TO mansanshter More especially
the inquiry irrelevant, when the person killed. instead Of
oclhg the alleged adneror. was the father oi The wife.
is husband. on being told OF his wife supposed indo
Ny, TO seize dagger the instant stab
ping every person tina, him, ana then TO quote
e INDUSTRIOUS atrocty o. the ac ia connection with such
ynlaor, true OF false, evidence Of insane frenzys We
snk not ami that tbs question objected T. by the pub
&c prosecute; although II might well have been al.
bowed was lawfully cvsrrulei and mt NO iniu.sc has
been done by it, exclusion
are same remark applies 10 several other goestlons
which were excluded By the court below.
point mas been raised as 70 the testimony RI The pris
socrs wie VINO by consent permitted 20 be sworn
afaf tha.l hr.-
band did not accuse her o. any improper ntercorse Ts
statement being sought 20 be centralized hv her anser
Before the Coroner, the District Attorney objected ID M
question: on the ground that party canno. irofcac hs
own witness. Such undoubtedly The rule OF law Y,ora
was therefore legal in tie exclusion Ana ~ ~
any supposed injustice, II sufficiently ohvia,ed bv ho
subsequent admission of ali TIC proceeding s had before ,e
Coroner and among them the following state neui:-
NY husband accused Of having improper a.srcaur.
viii named Ann.se,o Iaicunncha.te .hrnaa