The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-04

seat upoa the bspch s8T TT
Az oae Of your number stated that he thought soss
further instruction upon the law would DO desirabie
shall give you before leaving again. your 6s
ilberatioas. And arst WIN tell you did the otssr
day what murder 10 the FIRST degree Is. Killing. whoa
Of the person Killed or Of any human beng he premsa
design kill ali that necessary stated
That definition of the purposes q THIS oas: pre%ss.:s
design to XIII formed At time prior to the
striking OF tue blow which results In death II need net
be formed ss 70 the act which Ina
,nedately resulted tho death Of the party; ~ b
formed antecedent to tho time the blow given asA
the first degree recognized by that law Tho statute
then declares that such killing that Ia, the killing ef
mansiaughter, excusabe jnstfablc homicide,
provided In the law, when perpetra,ei without do
sicu or any felony shall murder In tho second
degree told you the Other day that the lawmakers
der 10 the second degree was Tnoy simply declared that
the Killing unioss It be murder In the FIRST dagree. OF
mansssughtor or exsabs or nstaso's hamcide y mar
without any desgs1B effect DEATH BY pertcn engaged
IN the comrassicn q any felony Those are tho two g.
that upon indictment for any offence land this Ia an
Indictment for murder) consisting OF different de9rees -
prescribed In the CHAPTER which read 70 yos the jury
may ind the accused guilty Of the offence OF the degree
charged in the indictment may Ind such accused per-
charged in the Indictment attempt commit such
offence Tho meaning OF this is, where this chapter
asa frat second third or fourth degree, although
the persca may be indicted fer the oGsncc, in the
degree ss II the second Now, 1 have told yos.
at tnS request Of the counsel for the pisooer thea
there can DO DO murder except whers there Is design
TO take life. There other circumstances In whlch
iue he
witbdnt design TO take life Under the statute the jury
q Them
the other susec: OF mansiaughter have something 70
say vu the definition or excdsable or jdstiaee homs
uAnd n ha n van for
hoy have not asked me q tell You what is cxcusaSS o
as,hble homicide Tee distinguishing feature bssweea
Granddaughter aud murder is that in murder there 10
desga to kill whereas ID niansaughtsr ttere Is the
killing without the design % tl when come to reaA
who, Ia a cruel or unusual rsnnse. without dsss.
to n. ~ SsHs 81 any ss'
sssen ss vss.s
woa e ss s e
gree The statute provides AGAIN. that the killing. whsse
would b ,nssusStsr II che fourth degree Now sSsss
are the definitions and disncinns q those sarioss
covering almost every csncsvaoe case ina. eesd s.
miEined under any state o. society Mansaushter N
sst degree navs nG ATTEMPTED % define hs 70 yos o
apply to the facts in this case AansIaughter 10 the
second third and fourth degrees have explained TO ycss
thu. explained 10 you so plain that Il be mlsua
dcrsood. and there is really little dispute upon the
JUDGE, bias and formed resolutions, and take
mon Just gone out to consider case. and meeting
upon some common ground to discus: i fairly thsg
parties II is hardly necessary that should the
law relative TO insanity; but will simply say upon th
sucen degree OF reason 70 be responsible re-
his crimes until tho contrary 10 presumed TO tho salts
establish defence on the ground OF insanity 4 muss
DO clearly proved that at the time Of committing the
n n Of m
ture and qu1y OF the act he doing or he did know
IT, that he did NOS know be was doing what was -rons
nature Of an act TO know the difference between rghs
End the law holds him responsible for his cneooe
Tho other proposition about which counsel has
you. and which was requested % charge, 70 sabstan
TALLY ths from any defect in his or from any
man at the time Of the commissioa Of the offence = in
such condition that ne cannot form specific design =
OF ransIaugher and where tbere design 70 XIII haA
would DO nansaughter, and not murder. believe, gsa
sorry that oanno. cOnssn. 10 discharge you from ths
further consideration Of this case butt with my sense
You to rrea. ' personal inooo vsHionCs and ewes
suffering. do not feel a. liberty to discharge
ocers uapl.as.n, and pa uiai to me % fn.w tsss
you are here, perhaps celebrating Or trying - BE- oonc
.s and ss o s
the public feel that must keep you together
you say that intent 70 kiI suncspt % coustisuss
murder. II Termed on tho instant and at the time ~
. dSsps. that must s.. s
Ties met - 80 - 80
Recorder-You cen except 70 all thai have saA.
Mr.. Clinton-l also ask your Honor 30 charge that =
there any doubt On any Of the proposisio
yS haze 81 ss ss
ne Recorder informed Is. jury thai 10 would be =
And The jury resumed their deliberations IN about ~
nounccd that the jury had agreed Court counsel che
attaches Of the Office and the reporter d The HsaALD
called and sss' usual question AZ :sss
ur fo,: : sssdlss; f Es..
Cierk-.Pisass rise, gentlemen. Prisoner, riss me
Jurors look the prisoner the prisoner hook upoa ~
SSd Ea.ssS Hunter. me prisoner !: ne Ss;. guilty q
Fcremsn-au,lsy Of murder 10 the second degree
Mr. Clinton had the jury poled when the result
Tho ordered prisoner b. remandsd asl
intima,ed intention pass sentence early ssxs wssk
The sentence for murder In The second degree nesi
while the vsrdcs was 6sar rsccrdsS scs
aside from that he did not appeAS 70 exhibit any moro
S o. o,n va consos hs.r
presented raher novel spectacle: and individual
who unacquanted with the cause Of their detentea
had entered the court room previous 70 ths discharge
and scanned their unshaven faces dishcvesd cranums
and dsaransed apparel be would have arrived at q
heartily subscribed to the sentiment d the sons-
- We won't 70 homo TIL mornns,
TIL daylight doth appear.
While our reporter In attendance, waiting FOR the
verdict Il really amusing 70 listen 70 the messages
received from and sent 10 the jury during their ncarce
ration Anxious wives communicated In writing " their
devoted husbands and In instance true 70 her
man nature one lady applied personally 10 see her bet
ter half. She WINS informed that In the absence Of the
Judge she could not him. bat being assured that beg
husband would be well taken OF she consoed,
and retired, previous 70 which however she LEFT sone
desirable articles Of wearing apparel. communicative
was received setting forth that Mr. Smith need have
fears, that Kate was all right, which was scrutinizsA
a. severely by counsel for the defence - Mr..
Sergeant Buzns would have done, who, will
emphasis, what Mr.. Pickwick meant when he mentonsl
the warming pan In his note 20 Mrs. Bardei Another
Juror made the Significant inquiry, "How socass's
entertaining the opinion, perhaps. that they were