The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-02-14


enabling the rebels rapidly concentrate their forces
yicksburg
The Homicide or Thomas Byrnes, late
Superintendent or Lands and Places.
THE JUDGES CHARGE.
COURT or oYEa rxRxSKR.
Before Hon. Judge Leonard.
Fm. l3.-The People Dennis n. Sulipan.-Ex.Re-
oorder Smith having concluded his lengthy address
jury, Mr. Hail. District Attorney summed up for tho pro
secuton In very eloquent speech holding that tho
cused was clearly liable 10 tho charge OF murder.
Judge Leonard then proceeded charge the jury as
follows
TIM JUDGES CHARGE.
n,ona :, ~, =, ha n,.s T,a no. Wy ~ NM .no
the Goth November last by shooting him. Tho question
which the jury are to determine Ia whether tho prisoner
crime Of murder in the first second degree,
slaughter Of tho degrees defined by tho Statutes
whether the killing occurred In self defence and
therefore justhabe and not criminal Murder Ia defined
by the statute law Of this State be killing OF any
human being without the authority Of law. by poison,
shooting, stabbing ans other means In any
manner, except when such killing IN mansaughter
cusabie or justihable homicide such killing s murder
In tho first degree when porpetrated from premedated
design 70 effect the death n the erron killed. OF any
human being, or by an act inmincntly dangerous TO
Others and cvincing deprsyod mind OF human
life, although without premeditatod design 10 effect
the death of any particular individual or In committing
arson n the first degree. Such killing Is murder In tho
or mansIaughter or Justinable or ezcusabe homicide
so far rs the present case is concerned, IL
will be sufficient 10 refer ~ definition OF
justi6abe homicide tins other definitions or such hom
cides not being applicable here The law makes the killing
Of human being justinabe WHOM committed in tho law
full defence OF tbs person when there shall reasonable
ground " apprehcnd design TO do eoms great
Injury and thoe shall DO imminent danger Of such design
being accomplished Is insisted by the counsel for tho
prisoner that he committed the with whica he stands
charged here under such ciI nstsnces That he jus
tined by this provision Of the Law. Byrnes although
In md nyf,v nn ~ nUarp mad
also Moore and Strip tho persons who In his
pany. The prisoner m not small man, no Of fee-
account In oonsidering whether the killing ustdAtIs
In sell defence VIII hero adopt certain propositions o.
eighth and ninth rs,ussts 10 charge Before the pri,
can be- acquitted upon the ground that committed
Mo offence With which he IL sisssed in reifdaence,
the jury should he satisfied thst tho prisoner did
al that could rcA ,onably bc required Of him In
order 70 avoid the apparent necessity for using tho
pistol. He was bound W retreat, he could prudent.
~ and safely do 30, before lie resorted 70 his
right OF taking the life u his assaiant lilo has right
70 Asht he safely retreat or escape There
must be reasonable ground Tor him apprchend design
70 do him great personal injury. The prisoner could not
lawfully take tho life OF Byrncs unfcunds COW.
least spparcns imnlDep danger that design Nnl
be accomplished. Tho evidence bearing upon tins point
N 10 be found partly from the members Of The respective
parties the tone conduct manner and language 81 tho
deceased from the pocon.n there whose duty
who were in danger Of injury Had tho warning OF the
policeman, "to move on = bean attended to- highly
probable at least that the fatal would
have happened. From the testimony Of FAgan there
reason TO believe that thu deceased conducting
pcscenaker throughout II the prisoner believed that the
sole object deceased dsarm him by taking
away HIS psto then II highly improbable that he
under the apprehension Of any great personal uury
The evidence that bSrnes did not strisc blow
or threaten aby one-tnat he an.
gy-that he used his great strength 70 move
the prisoner from the reach Of bow from
Strip, and 70 avert assault upon him by strip
The counsel for the prisoner also INSIST thu, ihs evidence
may Justify the conclusion 10 the minds the Jury
tho killing o. Byrues Is excusabe. II you mud That
prisoner discharged the pistol m sell defence
dentaiy having used uxua and ordinary caution, and
without any lniawal intent, then the act i, eNcasabe
and you must ac,iDit (liere read tho ninth tenth,
twelfth and thrtecnth requests 20 charge, and adopt
them Tho council for the ~ soner iazlst a'gp the
Jury acqut the pris.ner the ground that his
act ust,abe or sxclsabie homicide that the facts
aud circumstance Of this do make any
offence Of higher grade than ono q The four degrees o.
mansaugbicr Upon this subject u viii not he necessary
refer you the rst second definition ~ that crime
Mansag Ia the third decree " the kng another 10
the heat o. passion. without dsgn 70 elect death, by
dangerous weapon, 10 any csse who're Eucl killing
IL not Juaiinabc OF eNcnabIa h1micde Man.
slaughter IA the fourth degree i III nynlrntery
Dot cruel Or uqusua II ths besi u "a IA,
where such killing Dot An excusahc homicide pay
killing VI human being ~ the act, procurement cui.
pablo negligence u another where such kligg
thable exousabc homicide % murder - unsanghter
in como other degree inansaryhter y he olfth ~
gree. You vii observe tna the hifk.nr o. naked de
tncti0n between murder ard man Nf fr = the intsnt
Of the offender. Il the intent q tAe sisted Al tho
Time OF lbs ktlliNf " y MURDER VI VI rNfuuNfHi
without any design - take he, tse p.fr u faanNlan2h.
% the four degrees acc4rdng % the clrtum.
stances q the case except n lh - Case where y
tnabie or crcussble homicide In sfcerainng shelhr
the prisoner took the e a Thomas byrncs Nth eith.
dcslgn intent " take H. iiie wl Ne proper
take into considera that he had armed himself ~h
loaded pistol. The law far o0piepls tn use
~ dangerous weapons 10 d.prira party
accused q hopicde from the defence that Lo
act - rrcuaable, although securing by soclient
msfortune In the heat ~ passion, upon sudden and
sacieEt pr0vocaton upon sudden combat, " the
psiol h such a weapon cannot b. doubted q r. H. 90
sec ~ (Adgpt request ~ charge seventeen Ffst-
II Tho Jury eslieye the prisoner armod hinsrf
human life, be should get into a. ARRAY without rcfe
70 the necessity q set defence, ad ao,uaied
moved unnecessarily 10 continue the cDtee after a
had bean commenced by othsfs BY ID. fac, a bs bong
thus armed, and did uss against the lie X 1brna-
Byrn.s ths proyss BY tho witness VIII b.
fact strongly adverse " the pflsonsr IN sonsdcrng
whether the prisoner at before the moment n nrMg
the pistol actaAtcd BY the incnt y taks ae II ~"
ne Of Byrnss Al he time the pistol fired and The
killing not done 10 n-oox@sry ssb defence Sc
deniay, tbcn the prsOoer u guilty murder IN one -
the too degrees .oned stsuss. nh murder
in the degr~e the act countted ~ prtfnef
,sisd dsssn % es,ci ihe death byrnss ~ " 40 at
mind rssardss. q human lrs, shboagb without rrs-
edtst.d dssgn 70 eject the Death q any p@rtlesi
degrees 4 The lntsat 70 take hs NJ. TIMED By us
prlsoasy the Instant b~fure Do nre1 the pistol
u vas tsuaasls o. ereo.Ablo homelas Thsrs must b
Ibis case Uness the Ossoos mtts1 witl.ynt the
dslxn s1ssi ts death Of Byrnss cannot - acsi
V tie crime o. mans sauEtiW.
several points ~sts submitted BY prisoasrs solnS.,,
% Which they requested hs Court 70 charge To he
aea.sd b., ths others be refused Instruct issm -
the coussrl dssT~.
AZ oos o'olc.s tAs nefnns Tho Jury bad act ASrssd
upos verdict, ssd wsrs locked w, wniw the chArx. q
the saosu v shs o0srs, X. j. Kslshs, o. ". Party and
n Klmmsns.
The Iiisasas Legislature anA the Defeated
Caaai Project.