The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-15
THE TRAGEDY IN SOUTH STREET.

Judge Russei's Charge 90 the Jury-rhey
Remain Out About Six HOurs-Tho
Prisoner Found Guilty OF Mansiaugh-
ter in che Third Degree-He viii BE
Sentenced To-day. SC. G@
COUNT OF GENERAL SESSIONS.
Before City Judge A. D. Russell
Arm The Court Of Sessions opened at eleven
O'Clock this morning. at which hour City Judge d.
Russel took his seat the bench. The
again crowded with spectators anxious to hear the
clusion the trial OF tho auadroon Daniel Brooks who
for the preceding days had been on trial for The kill
ing Of VIM Smith. a barkeepsr IN the employ OF Mr..
Nick ney on the % OF February last The prisoner was
attended by his wife and another female. He held his
youngest child "a little grD in bis arms aad his son oc
cuped a seat him
JUDGE Russst's
The Jurors having answered to their names. Judge Rus
proceeded TO charge them by stating that the prisoner
Daniel Brooks, charged with the homicide OF Will
liam Smith. the "a OF February last. II was a crime
OF great magnitude and one which required great care
on their part in It's consideration Under the present in
dicnent there would be three branches presented for
their consideration under either OF which they could
the evidence warranted H. find one OF the three following
verdctsFirst, murder in the rst degree as charged
IN the Indictment, second mauslauehicr in the third
degree and third, lustiabe or excnssble homicide.
Murder by the statute was defined 70 be the unlawful
killing OF human being 18th premedtated desgn 10
effect death. Malice was presumed by he law from the
mere act OF Killing hccavse the natural and probable
been intended by the Before calling tier attcn
ton the evidence this branch OF the case there
principles OF law not 10 be dsregarded and which
they must bear in mind. The law IN its cemency pre-
the prisoner to he innocent until the case clearly
made ont by the prosecution. Another principle was
that they give the prisoner the benefit Of all
reasonable doubts To obtain verdict OF murder in the
first degree necessary Tor the prosecution TO prove
that homicide bad been mmiited, that 10 was the act
Of the prisoner aud that the time it committed
be intended take tho life Of the deceased The rst
two nrorcsons were clearly proved The intent
tatf ha prfrn CHI rp1d
was 70 gathered from the character OF the weapon
used the of the wound and all the circumstances
surrounding The Judge then called their aten
ton the evidence this branch OF the case, stating
that where there contradiction Of Testimony
their deity 10 reconcile, IL possible. all the conflicting
statements II also their right 10 heheve or TO dis
believe any witness whom he was placed on the stand
The witnesses for the prosecution Aagle, Flynn and
Barry all testified alike and swore to tho same facts
Opposed to them Lacey and Mckee witnesses for
the defence who that tumbers had been thrown.
Apart from these the two dsnterestcd witnesses,
Barker and the policeman II mattered not whether the
witnesses differed 10 the firing ~f the tumblers as
had Brooks drawn his pistol and fired at that time
perha,s he might have BEEN justified. When The
first difficulty Smith had pushed Brooks
out GU the sidewalk, testified to by the policeman.
The second portion OF the ARRAY commenced when the de-
ceased ran back the bar and srrang Brooks fol-
lowed him into the barroom and fred his pistol while FAC
about strike him with the icepck On the other band
the witnesses for the prosecution testify that the de-
ceased. In sprngng the bar. trpped against Tom
and Jerry bowl aud ie and that the prisoner leaned
the and shot him. Thus the testimony OF the two
parties ucts They still had the testimony OF an
tirely disinte-ested wtness-the poiiceman-who
smith pushing Brooks out the sidewalk and he then
turned and went the barroom closely followed by
Brooks. and in few seconds ne heard the re-
port OF the pistol. They had also the report
OF Mr.. Barker. who was in the water closet
during the whole afrsv, and the testimony both OF
witnesses for prosecution To little further and
look the medical testimony to show in what position
the body might he to have wound Of Via. KIND inflicted
ing STOPPING attitude, while Mr. Brady. on the other
hand contended that might have been caused when his
body bent forward in the act OF throwing the ice
pick There had been evidence offered on either side
and question would be for thesury to determine
after examining the medical testimony given at the
nues, n however thew were satisfied that the wound
inflicted described by Mr. Hall. II was uDdoubted
~ OF murder; or il, according TO the pocemans
testimony the prisoner and deceased were at the door,
tho deceased back In the barroom and pursued
by the prisoner ana shot with the intent to kilt then he
guilty of murder. They had heard all the evidence
that to establish the INTENT aud also that for the defence
and for them to what degree OF credbilty was
to be attached TO IT. however they we're not satisfied
that il q OF murder il Of mansaugh
tor in the third degrees which by the statute is defined
70 be killing 10 the heat OF passion. Did the evidence
passion and any particular difficulty calculated
to the blood There additional fact, which
that Brooks could have gone away, as his COM
panons did but Brooks remained and fred his
pistol. and it was for the jury 70 say whether
it was done in the heat of passion or
not II no, satisfied that it was manslaughter in the
third degree II manslaughter in tho fourth decree,
involuntary killing on the part OF the prisoner
There another view n the 10 be taken. Coun
sci for the defence conterdcd that i was case OF usti
fable homicide In forming an opinion as to us beng
case OF iusti1abc homicide they should bear in mind
that the SAYS must avoid combat IL possible
Did do all in his 10 avoid the combat The
prisoner when placed IN difficulty OF that kind. and
when he has bile ground to apprehend that some
great bodily harm would happen TO him, has
right to defend himself and take lie but at
were such rs - Justify him IN so dong u was their
duty TO look al the three branches Of the case and If
they believed thr nj the time he fired the pistol he in
tended the life OF tho deceased IL murder II
the pistol Cred IN the heat Of passion 1t man
slaughter in the third degree done under the mnres
sion that he vas in great bodily danger lust fable
homicide The evidence in relation TO the previous good
cha-cer of the prisoner was emitted to some weight and
was i'm ortant because urset the presumption quit
After Few remarks the Importance and soemnitv Of
the dirty they had 20 perform The ury retired TO consider
their verdict.
The nry remained out nearly six hours. and on re-
entering court rendered verdict against the prisoner
Of guilty Of manslaughter IN The third degree The
prisoners friends greeted the announcement with slight
cheer which was promptly checked by the officers OF the
court.
Mr. Charles s. Spencer addressing the Judge said that
counsel for the prisoner in view Of all the circumstances
surrounding the case did not intend to take any steps 10
disturb the verdict.
Judge Husse said he would sentence him on Friday
morning. no arrangements had been made for holding
cour: Saturday,
Before the prisoner was removed a large number OF
coiored crowded around Brooks and congratulated
him the result OF the trial The punishment for the
offence OF which stands convicted ranges from two 10
four years confinement, 10 The State Prison.
PLEAS or GUILTY.
Sarah Duffy, an Irsh servant girl was placed at the
bar charged with having stolen quantity Of wearing
APPAREL valued at sos So from No 80 1rcene street,
the 18th Of March last Sarah pleaded guilty and Judge
Russell sentenced 10 the state Prison two years
William sasa, German, pleaded guilty Of having
stolen overcoat valued at $40 the property OF Mr..
Leber OF No 1os Fourth avenue, on the LIST inst He
remanded for sentence.
C0rOner's Inquest.
FATAL sTABBfN0 ARRAY IN ELIZABETH STREET
THE PERPETRAToR IN CUSTODY.
On Wednesday afternoon two men, named Henry Glib.
and Peter McArdle who bad long been friends I'M
bbed too freely and while much under the influence OF