The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-28

street-Conviction OF Manslsughter I'm
the Third Degree.
COURT OF OYER AND TERnNBR.
Before Hon. Judge Ingraham.
JAM N-Me People u.s. John Don~euy The District At
torney proceeded TO up for the prosecution and in
the course Of his address told the jury that from the cir
which had been developed on the trial. he
would renqush the charge Of MURDER and only ask for
q conviction OF manslaughter in the third degree.
The Court then charged Is follows
Gentlemen Of the Jury-n Ia very evident that this
transaction arose out Of OF those sudden ARRAYS which
some portion Of population very apt TO indulge In,
and which In almost all occur without any previous
design or intention among the parties This matter, like
others Of that kind evidently from the accidental
meeting OF the parties, without any expectation the part
Of either that they should together ut that time And
the public prosecutor has very properly freed you from
the necessity of examining that portion of this charge
which involves the crime of murder That absoves you
from the necessity Of passing upon the question whether
the life of this prisoner is 70 be in danger or
hot by your verdict l am not however,
prepared TO say that the District Attorney could not
have asked for sicon OF higher grade Of offence
There circumstances connected With " which might
perhaps have justified that but leaning the aide Of
mercy has not done SO shall coDdne what remarks
have 10 make TO that charge which he has submitted 70
you the proper for which the prisoner should be
convicted that is crime Of mansaughter in the third
degree That crime consists In the killing Of q
human being without the intent to take life
In sudden ARRAY In the heat Of passion, add.
with dangerous weapon. The learned Judge then
ptulated the testimony and then resumsd-H did in
ct the wound and there for it, he Will DO
guilty Of this oence and will be your duty W find him
guilty OF msnsaugher in the third degree rhs defence
s first, that he did not do IT, and, secondly that he
had reason 70 fear that at that time he xas
liable 10 great bodily injury. and that the
stabbing of this party was TOR his protection.
An individual, however, has right TO commence an
ARRAY, and then for the purpose OF defending himself
take the life Of the party who assais him that assaiint
only repes his force with force necessary for his
that the prisoner did IT, but you must be satisfied that
there was nothing on the part OF those persons
for his protection from imminent danger. you
see anything In this case 10 jusiy you In behsv-
persons he was in danger Of any serious injury 70
himself not occasioned by his own acts then he would
had been committed if he had reason 10 believe that his
life was in danger he had right 10 defend himself but
il ordinary assault then neither party would have
been justified in using weapon 70 stab the other. II
you have any doubt III this must be given In favor
Of the prisoner II you believe the prisoner did IT, then
degree.
juror would like to ask the Court this question:
does the evidence show that the prisoner thrown
down moro than once in that fight?
The Court-No The first ARRAY has connection with
the latter-with the one when the killing was committed
two bours, into court with verdict OF not guilty
Of murder guilty mansaughtsr in the third degree
THE FIVE POINTS HOMICIDE.
Patrick Farrell indicted with Jones for the murder Of
an unknown man at Crowns Building withdrew his plea
Of not guilty. and pleaded guilty mausIaughter In the
third degree crime OF which the jury found Jones
guilty. The prisoner was remandcd for sentence.
CHARGE OF FRAUDS ON EMIGsANrs BIT THE SALE OF
BOGUS PASSAGE TICKETS.
The People Frank Fbsuler-rhc defendant in this
injected with John Gilbert for obtaining money
der false pretences by eeraudng Christian Hene Of sss
appears from the opening statement Of Mr.. Sedgwick
that Heine, German arrived in this city by the Hudson
who asked him where he going he said 70 Bre
men. The brought him TO the defendants Office, 1t
the corner Of Chambers and West Streets where person
ticket was $35 Mr. Heine paid that sum and received
ticket for passage by the Ammonia The clerk said
clerk him SHAKESPEARE Hotel told him
that the had broken her machinery and would
steamer in existence = the Ammonis the only steamer
like the eHammouia !" which wasthen actually at
Christian Heine, examined tnroush n Kasnzki, a. in.
sided Rchiown, State Of Illinois, New York on
the 1lh October after leaving the railway he went
70 office where brought nim; that on
the railroad cars; had not seen that man before; the
this German clerk and Mr. Fowler we're pre- ent in tho
Office; don't remember what said In the ohce; 1t
was In German The 0orman VINO Drought witness ~ the
* Recorder smith, for the accused, objected 70 evil
dence Of anything that said h the German language
- Mr. Fowler no1 supposed understand L. After
considerable argument the objection OverruIed
Witness contiDued-Mr. Fowler stood behind and tina
clerk (6bert stood BEFORE 10 the presence Fowler the
cerk wrote my TICKET; after Gilbert wrose the
ticket he left on the counter; the clerk gave the
ticket put II In my pocket end 70 look sfter nv
Fowler did not do nythlng that saw.
Odd Fowler receive anythngf
Mr. Spencer objeced 70 the question; the witness had
already sworn that Mr. Fowler did nothing and said
nothing From the preudiCes that surround this case
counsel for the defence determined b avail themselves
every objection.
The CourDd he any money 1t an inside the Officer
A. No. District AuorDey--Dd he see any money at eli
that day? A. Mo- only the money paid for the ticket
packed in his pocket Fowler around the counter
else came around but Fowler the TICKET was on
the counter, where the money was counted out
Fowler said In English, 81 will put I'll that money in one
package" Witness repeated what Fowler had said in
broken English 10 show that he could understand what
said folded the ticket and pat IL in his pocket.
ticket produced and identified by the prisoner knows
by his name which spelled wrong went 70 that Office
again; the German clerk there: Fowler not there
then.
sedgwck then proposed to put the ticket in evidence
before the jury Counsel for the defence argued at con-
siderable length against the admssiby Of the paper in
evidence
The Court admitted the ticket in evidence
Mr. Se0gwick then read the ticket, OF which the follow
ing is copy -
hep.s ssnistonI
OF q Ship. Z