The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-03

claims OF o. CUuncmAn Ient V NE seat occud by
rpapsans that Mr.. Baker cisissa whsa b Was
elected The osmmittee CONSISTS Of Messrs Bsulch Allen
Van Tine, Decker AND shannon.
The Board alter being In session only half hour i'd
journed I'LL ThurSday.
Another Conviction for Murder-verdict
OF Guilty ~ Murder Against Mortimer
SAay-sentenoes-Fr ads On Emigrants
Punished.
COURT or OYER AND TmxrNER. tL
Before Hon. Judge Ingraham.
FB. 2-The People u.s. Mortimer Shay for the Murder 81
John Lean. -Ccunsel for the prisoner summed up.
The District Attorney at the conclusion OF his argument
to the jury observed that no would ask them for
dict Of murder nothing Do not, said he, temporss
and find him guilty OF mansaughter II ID not your pre-
vince 10 take tho punishment Of the accused into consde
ration or exercise mercy. That must be left TO the Ex
ecutive.
The Judge, IN his charge, remarked that they had 70
reflect whether the prisoner mot guilty Of murder
was he guilty Of any other offence that would snate him
The city which would give f.ir eseuaie q ne
nssses could not be secured, and Il would be,
therefore, their duty 70 determines from these wit
usssss What tho Get: n the s.s: really and = base
rive Tho Judge proceeded 70 review the case remark
ing that the testimony OF al the witnesses agreed a. to
the manner in which the wound dealt, though tho
prosecution, a. well a the defence, differed e 70 the
party who was the agaressoF. The prosecution had
as a s es .oGss 70 Sr
by their witnesses that the deccaaed commenced tho
assault Al the fact Of killing however, there could not
prosecution was correct there could be excuse the
prisoner, while, II the defence had made out their
how wcS Sey had
do, that he thought his life was in imminent
danger when he gave tho fatal stab. he thought ne
in such imminent danger he had right 70 defend
himself even to the extens Of taking the life OF the de-
ceased Whether the crime murder or not there
design 10 kill deceased without thinking himself immi
dsnger, whether that design was formed only an in
slant before the blow was struck then guilty of
murders but he had not formed that design, then he
guilty OF manslaugber only There the fact Of the
prisoner pursuing the deceased with the open knife and
s the rule Of law that man engaged In conflict must
quit II, II he possibly do so, without resortng to
treme and taking the life Of his adversary If
il was the intention Of the prisoner 70 take the
lie Of the deceased, they must give him the
benefit Of that doubt, and lean TO the side
thought be Intended kill the deceased they not
sworn to mercy That was not their province. 1t was
the preroeave Of another tribunal The duty OF the jury
In such case 70 convict The merit OF the evidence
The Jury retired ut about ~ O'Clock NJ, and came
into court ten minutes to four O'Clock with verdict OF
poll was demanded, and all the jurors answered in
Inc ann mauve
CHARGE OF MANUFACTURER.
The People u.s. Willard r. Adyn1rd.-The defendant is
charged with the mansiaughter OF John W. ZHken, BY
giving him blow. The case was commenced, and ad
journed TO Friday morning.
sOnScss OF PRISONERS ALREADY CONVICTED.
AT the early part OF the proceedings the following
fences were parsed by Judge Ingraham-
Jones and Farrell, convicted Of killing an unknown
very briefly stating that the testimony in the case pre-
scented the prisoners as the last men known to be In the
company Of the deceased The female witness Ia the
hap jpfOY 1la In Tho
crime charged, even her physical strength had been
adequate to IT, The fact Of Jones having locked the door,
and his appearance at the window Of the whore the
murdered mans body afterwards found, and Of his
flight avoid arrest indications Of guilt and all the
dct Of guilty Of murder but The jury had leaned to the
eide Of mercy. and only remained for hts Honor 70 tx
the Of imprisonment which in Jones' case was three
years and six months, and in that Of Farrell who had
pleaded guilty two years and months The prisoners
protested their Of the crime imputed to them
Crowley who pleaded guilty to assault with intentto
kill Ioveoy He had urged cxtcnuation of his offence
that he had received and since then indulgence
in liquor made him crazy was then, bis duty to have
he did not stand at tho bar indicted for murder and he
sufficiently master Of himsef 70 threaten death,
sentence Of the Court imprisonment for two years AID
three months.
SENTENCE FOR pKrRAupnG MIGRANTS.
Frank F. Fowler-You indicted for defranding
poor emgrant by selling to him ticket absolutely worth
less for the purpose purported to answer The Witness
whom you knew from his ignorance Of the language, 70
be unable read the ticket asked for passage 70 Bre
men, and you gave him, had given 10 him, order
upon yourself at your place OF business for ticket
which given, and in vessel which had no ex-
ste Facts have been placed In possession show
ing that other frauds have been perperaed and Of this
same character, In your Office This offence OF deraud
ing emgrants by worthless tickets has been carried on in
utter defiance Of the law and its ministers, and am de-
termined that far as am concerned IN the adinsra
tcn Of justice shall prevent this open and defiant dsre-
gard of our laws The fine authorized to impose Is
small 10 be adequate punishment, and mus. there
fore resort imprisonment and the sentence Of the law
that you be imprisoned at hard labor, in the State pri
SON. for two years and six months.
DoDnelly convicted of the mAnslaughter Of Oobane-
You been convicted OF anslaughter in the third de-
gree You engaged in tavern broti, and through
out appear the aRgressor From the evidence ap
pears that nrst challenge TO fight came from you to
Mopahan. After this fight was over You st continued
aggressive making m assault upon Cobane the brother
Of the whom you after wards killed, while he was
standing quietly in the and had not even spo
ken to You you viii be engaged in street fights
quarres avcrps you restr Ain the violence Of
your own passous-you must bear the consequen ,es:
The jury, leaning mercy have convicted you merely OF
ransauGbter In the third degree aud the sentence OF
court that you be imprisoned in the State prison Mt
hard labor, for three years and six months.
Brooklyn City News.
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