The New York herald., 1862-10-18
THE HOMICIDE OF A HUSBAND.


Mary Reel Convicted oS MaaslAughter
I'm the ThirA D~gree-Seatence Two
Years and SIX Menshs N the State
Prsson-Ilow She Received the SEM
tssace--.. III Never Go, Never Co." Sc.
COURT OF oyER AND TERMMKR.
Before Hon. Judge Barnard.
OCT 1.-THE People vs. Mary ReaI.-The Jury IN this
case Locked up all night having been unable until
very early heur this morning 70 agreement.
ca entering the Court this morning they were asked by
Mr. vandervoort. the Clerk, they had agreed upon
yerdicts
The foreman snswered-we have.
Cerk-Prisoner, rse-(irs Real stood up and throw
back her veal) rs
CierkJurore look upon the prisoner prisoner, look
the jurors. ow say you, gentlemen Is Mary Real
the prisoner the bar guilty Of the murder and felony
chargeds
The Foreman-Gulty Of mansla1ghter In the third do
gree but Of the strong mitigating circumstances,
the Jury recommend her 70 the mercy Of the Court.
The prisoner received the verdict with cannees, and
bowed gracefully the Jury. She then directed u
step front Of the bench TO receive the sentence
the Court.
The Clerk then swore the prisoner make
as TO ter knowledge OF any trade or business.
The prisoner rep misunderstanding.
Cles-what have you 10 say why the sentence OF she
law should pot be passed upon your
The prisoner made no reply.
Mr. Edwin James asked Court to defer the sentence
for a short time. Many facts had come 70 his know
led during the progress of the trial which could be
properly ole ed evidence the trial yet he wished
to have an opportunity Of submitting them to the Court
IN the form OF aiBdavts.
Judge Barnard said that. in view Of the application OF
counsel have the sentence Of this person postponed
and the margin OF discretion which the law allows to the
Court, he had made up his mind pass the sentence
In consequence OF the recommend ton OF the jury
he had como to the conclusion to give her the lowest
grade OF punishment. The aw could not he altered by
any aayts, coula the determination Of the Court
be cha ged.
Mr. James said all he wanted was that his Honor would
tenn .er justice with me cy.
The Judge then add essed the prisoner as follows
Mary, after atieut and mra tal trial, the jury have
found you guilty Of mansaugher n the third degree,
companied with strong recommendation 70 mercy II
always been the desire of the Court to attention
TO the recommendations Of ures. In this they might
have found verdict Of murder And now the sad act
with tho Judge paas the sentence the law
which that you be- imprisoned IN the State prison
the term OF two years and six months.
The prisoner (rais'ng her hand with q slow motion
safd in calm solemn and theatrical manner I'll never
go-neyer go''
she was then taken in charge by Sheriff Lynch and
after being embraced by some Of her immediate lady
friends, removed in carriage 70 the City Prison.
Judge Barnard before the jury searaed, desired to
tender them the thanks Of the Court ard the community
for their patient and careful consideration Of this
He certain that they engaged in their dif
eren ayocations Of fe there would be nothing arising
from the verdict they had rendered in this dis
turo their minds.
1t was Understood that when the jury retired the FIRST
ballot was SIX Tor murder four for mansaughter In the
third de gree and two for acquitta
Mr. James intends presenting memorial to the Cover
nor signed by the jury and others for the mitigation Of
punishment aud With this view intended to ask that the
prisoner may not be removed the Prison until
action of the Executive Is determined in the this
hapless young woman.
The naxmum punishment for manslaughter in the
third degree four years in the state Prisonths
mum is two years.
MIR. Hail. District Attorney, previous to the adjourn
men OF the Court, made explanation TO his remarks
the previous day about Sir Edward Buwer ttan
they az cared in morning paper (the HERALD The
report did not say he said intended to that that
eminent author had treated his wife badly f the apers
were correct" He has since understood that Mr. Edwin
James was the intimate Of both parties. and the
trustee ther deed OF separation Had he known this
be would from feelings of professional decscy, have
Trained from any arsion OF the kind which be now
happy g. know was not founded on fact.
Mr.. James bore testimony tie Kindness of his friend
Sir Z. l.. Buwer and Stalled the fact of amcable SET
tleneat between him and his wife,