The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-20
Court Of Oyer and TsrmfnsY.
Before Hon. Judge Gould

Before Hon. yudee Gould.
HuEpER TRIAL INsY CONVICTION OF MURDER IN Tus
ssoosD DEoEEE UNDER THE NEW ACT.
Oc1. le.-fn he Case " JG4pa.-Ibe District Attorney
summsd up for The prosecution.
The Judge, In charging the jury, nid-
The statute OF he Law or ought 10 prevent neither
you or me from shrinking from responsibility There
no set Of our lives but what called upon 70 do
places Us before the public for then our rs onslbty Is
immensely increased The responsibility IN tn particu-
bar case D. that the peaceabe and orderly citizen shall be
protected and tia. no crime shall 60 unpunhed and that
no consideration shall induce you decide oootrary 10
the rights Of either the prisoner the puo!c AMER the
law laid down by the Court the entirely with
you 10 decide upon, and under the responsibility OF
your oaths 70 pass upon the facts a. they have appeared
evidence and the law relieves you from all respocsi.
pity OF the cooseq OF your verdict TIE aw takes
upon itself al issues and al responsibilities Of the oonse
quenoes Of the act, whstever they may be- The
Of the accused, but when the testimony Is closed
the mercy Of the law 10 exhausted and you
Isy ,ss no 0ss % me rs
man a. the bar mercy alone belongs. The Who has
been unannounced sent out Of the world is also entitled
not exposed himself to The temptations Of crime. The
Jaw win no. lay upon y'u eurthen which 10 greater
charge you 10 keep within your own proviace no,
81 liberty 70 give up the rights OF my position could
for u make any mistake . may and can be smetied
and the prisoner have the beneh. Of H. shall never al
low sny jury before me TO pass upon or deal with any
provisions Of the law That liz The province and duty
which have been before questions Of law. This
but often done 70 confuse the Jury bat when the
counsel sss you % pass upon the law they AJAX you 70 DO
responsibility Of The crime In this "a charged 70
murder IN the second degree, and do not understand
that there any difference between the counsel the
definition Of that offence has been c,ntended that 1t
only j0stfable homicide, at the most mansaush
ter IN the fourth degree Justi liable homicide
be, as taat only exsts when killed under
rant BY officer OF the law. Excssabe homicide u
where man takes LIFE in his own defence, and
the means which s at his hand the instant. n does
ncs me.u man may get himself into passion aud
up and Kill you for that may be murder 10 the nrst
degree. bully lie not at liberty TO insult you first and
then XII YOU The death Of man may be excusable not
because the Law puts less value on human life but be-
cause Il conoedes something TO human bravery His
Honor thea went through the various definitions Of man
slaughter from the books, and IN auson 70 the request
Of the prisoners counsel 70 charge aoquittal the
pr eoner at the time intoxicated, said the recon
changes IN the decisions OF the courts have done good
and much harm. he original law was that matter
what the decree Of ntoxcaton, the prisoner was
responsible for al his acts If he should debase him
self before . rational being, It did no. alter the
ture Of the offence, and this was best because IL did
not compel The jury 70 Judge OF the degree Of utoxcaou
And degree OF ntoxcaton be allowed 10
prisoner In when the act Of killing plainly mali
cous and nothing else Good character ia always to be
taken into confederation and God forbid that the time
shall ever arrive when the Of good character shall
IN court the footing with the OF bad
But there are many cases where good chrao
ter have nothing whatever 10 do with the question
because there positive proof Of act which carries
with IL bad intent, you not bound, In capt
verdict Of guilty because you have not arrived
lutte certainty Nor viii you waste your tne strain
your ohs the worse than useless emergency whether
conclusion which you fully believe - be true, may
not possibly be erroneous. Absolute certainty OF
facts, not apparent 70 the senses, belongs not TO
human minds. It can scarcely be predcated on
what you see and hear, so liable are even our
TO be deceived An optical illusion, feat Of
legerdeman deoeives them bat you not therefore,
be which, the whole case, after weighing all the
evidence, you in your own minds and hearts are salts
fed Ii true. II In your uds you make up full be-
lief consideration Of time Of pre-
vent your saying 90 by verdict. You should permit 10
ous No too sney spuU web or should
prevent you doing you. whole duty and melting out 10
the public, well q 70 the prisoner justice Both appear
before YOU and between the two you stand representing
the majesty Of the law sworn 70 declare the truth - 10
your calm Judgments in your hearts you find IT, With nc
other guide with responsibility for the correctness Of
the rules given by the Court, with responsibility Of
what the law may make the consequences Of your finding
you WIN procsedto the discharge oi your duty impair
So meet that hereafter your own corscences shall not
reprosch you With having been unnecessarily severe or
The jury aer an absence Of about an hour found the
prisoaer guilty OF murder In the second degree-the
cent extrsoranspy act q The IeesIsure ms
the prisoner 70 imprisonment for life.
ANOTHER CHARGE or MURDER.
Thomas Woods indicted for the murder OF Patricl
Corkerey, BY hitting him With brckbat. II appear
that the parties lived in adjacent domicls, vulsary
shantiesn IN Ninety fourth street, between Fourth
and Fifth avenues They quarrelled their way no m
from the Central Park Knocked each other down. and
BON being snmsn renewed the Peasurss and lasase'
tumble made his way bis mansion the prisoner nger
cd outside and the deceased presenting himself again
beyond the precincts Of his CASTLE every mans houss
10 bis castle), the prisoner struck him with brickba
he fingered but . abort time and died
The defence 10 provocatiou and excusable homicide
Arer brief absence the jury brought In verdict Of
mansaughter n the fourth degree, which imposes two
years Imprisonment In state prison, year
In the penitentiary, with nne, Sentence deferred