, 1862-01-18
Til: TiHE MURRAY MURDER CASE,
THE .1URT STILLoUI

murder case were concluded at five o'clock
yesterday afternoon, having been listened to
with the utmost attention by an Immense au-
aicnce, principally composed Of the country
men Of the prisoner. The efforts Of Messrs.
Haven and Mason were well worthy of the
gentlemen who made them, the latter being
especially cnergetica1 and unusually well
studied. After the conclusion Of the argu-
ments, Judge Maniere charged the Jury, in
substance, Is follows:
Murder is defined By jurists as the unlawful
killing, of human being, with malice e.
that malice shall be implied when any CON
siderable circumstance points to it. Il the
deceased, John O'Neil in your opinion, came
to his death us charged in eiuaictmeDt found
By the Grand Jury, and there does not seem to
be every proyocation, then You are to infer
tile existence Of malice. Drunkenness should
not clear the defendant. If the jury believe |
from the testimony that the prisoner killed
O'Neil by stabbing him, and they find that he
was drunk when the deed was committed, this
will not excuse the act
If the jury shall not find verdict Of guilty |
of murder, the next thing is to decide upon |
his guilt or innocence Of the crime Of man !
slaughter, which is considered to be the un- |
lawful killing Of human creature without
the existence Of malice, expressed or implied. |
To induce the crime Of manslaughter it !!
must be shown that the deceased used words |
or inflicted blows or bodily injuries sufficient |
to raise the destructive passions Of the de- |
fendant, the result Of which WIS tho killing.
+ the jury find that Murray took the life Of
O'Neil in 4 similar manner, then they will find |
him guilty Of manslaughter.
The penalty will also be fixed By the jury,
and If they find the crime to have been man
slaughter, 1t will be impfiso for not less
than ono year. They may fi1 it at the natural
Should the jury entertain reasonable doubt
of the guilt Of the prisoner at the bar, arising
from confession Of witnesses, it shall be cast
! in the balance for his benefit.
| One word as to confessions. In all eases
where the confessions Of prisoners are to be
| unsupported by, and at wide VARIANCE with,
| the general testimony in the case. The pc
eu1iar state Of mind Of the person making the
confession should also be taken into conside-
| ration. As to the testimony it is competent.
for the defense to prove that Murray was drunk
| at the time the act Of killing was committed,
| and unable to give 4 correct and truth
full history Of the occurrence, You must
| take this also into account, If it was proven,
in rendering your verdict; The jury is IN
| structed that if they believe that Mooney
swore falsely in any one respect they may ex-
ercise the right TO reject tho whole. The
same may be said in regard to the witness,
Tracey.
/ LII July Eitl uuu III kAE Cf 1pEuGN any k41N-
ory Of innocence consistent with existing
facts, they must aeqult.
The jury retired about five O'Clock last eve
hing and the court adjourned until this morn
ing. At midnight the jury had not agreed.
The Tim es and the Musicians.
AS nc announced in our last issue, the pro
ccssion left the Times Office yesterday after.
noon at two O'Clock, headed by the responsi.
bic man, the rear brought up by the devil
who was seriously annoyed by the small boys
looking for his horns, claws and othar corporal
characteristics Of the good~intentioned~pave
meut parsonage. The musical critic wore at
| abstracted air, being engaged in IN analysis o
the dominant seventh The responsible MAI
proudly waved aside the pedestrians, as whs
should say, 81 am Sir Orac1e'' The entir
| march created profound sensation which ha
not been cquallcd since the march Of the Fort
Thieves.
= The AEmory was reached in due time: agai
the spectators made way; again the prisoner
in the dock manifested their disapprobation
: again the Court made profound salaam, an
the Banshec howled among the rafters, unit
IN cnraged policeman entered charge (
y "drunk and disordcrly'' against the Banshc'
d The responsible man in loud voice proclaim
r ed tIisten to it; it's the roar Of the Banshcc.
n The policeman instantly withdrew Il
5 charge.
r The four unhappy musicians, led by D.
d Emmett, took the oath. Dan contcndcd tn
s. the musicians were artists Of the first waite
=. chosen from 3 celebrated travelling operat
% orchestra, which had been cheated ont Of i
a pay by the Imprcssario. He himself profes
o. cd to be great shakes in music If not q Shake
He WAS the author Of the immortal Dixie, a.
if Dixie WIS contraband it was not his fau
irl His uututorcd laws had chccred tho hearts
ed the sweating slaves in the snowy cotton ficl
ast Of the South, and been voiced by tho har
81 1umbcrncn of the North. They had broua
IN, solacc to many firesidc and made mon 1au
N. aud grow fat, thereby lesscning the numl
er. Of nails in their cofins. The Times folks
ice visited Ills entertainment and seeing one
jo' his musicians IN burnt cork and fr2zzled "
" mistook him for "n1gger' and himself
~ an aboitlonlst. This was the Acad and tr<
he of his offending.
nd The bugle man plead guilty to having pla,
is upou one occasion I" NY Mary Ann, )" but in
ith tnre s}onld confinc his musicians to Beet
in, ren7s symphonies. The cornet was in IA,
un- Of Mendclssohn,s Songs without Words.
The "cricket, chirped faint ejaculation
"a. desnair but subsided upon an ominous fro
te,7 from the resnonsiblc,
M. The trombone INDIGNANTLY scented the i
,ect of his . aattine." Uc, fats Had be not tt
dn,- ea in the n1and orchestra, and didn't he II
,e1r rrere1li and GaribaIdip Hadn't he done
',s ,ra1,b.nrer Marcb9 IF be tnpv himself
p.1 -.. 49,. .aao.;o, 1,o ,-o, ;ro1;,ed tn
10y 49, 80 ss.~..s.- 49, ~ a. --,s ~,
1ne sy ,ha.11aa
o' ~ .s.a+,5 ~ site .,.,,,,,o+;o,, ,,,~,,cn,
.a- n define !, fat but mct with a sa1rD reb1
49, which was ycr1 natural.
..:,, The ev,dence beino in. the Conrt consid
thu cosa and delivered a chart,e rs long
4 ~. tai,or's. The result was the assessment
,,-oa Gnc IF one dollar and costs. amounting to
.;an dollar and scyent7-fyc cents.
oro5 The procession once more started TO
.crcd Timex Office. the musicians executing 7
cfea "'' o' s -
give - ~ -, - s;a:.ss- 49, IT RI,
. rs. 49, st =. - .s. asra.ah,o - +ho
nlcoA wv ~ ~ aos -: ,'s AHt, w ss:.: x
4'"'> ~. ,,.s ~ 49, Ss- 49,,
Fire wv =. . 1s 80. N'''
and As the Times does not object to the L,
hiue- .,,,+ e,,,,1, r., +ha etr1a of ,nns;c ,n,red