The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-16
THE PEWTER MUG SHOOTING CASE.
Continuation or the Trfal-The Judges
Charge-The verdict-Horace Greeley
90 he Called to Aceount-Judge Bar
nard on Horace, &C., sc.

Charge-The verdict--Noracc Greeley
10 he Called to Aeeount-Judge Bar
nard ON Horace, &C., sc.
COURT OF oyEs AND TERmIyER
Before Judge Barnard.
Arm l5-Judse Barnard thanked the Grand Jury aud
added thai officers Of the followed and pursued in
such way the public prints charged with offences
thai have oundai ion, that would be almost npos
sible to come into a court presided over for six
years by one--three years Recorder snd three
years by him-with any idea OF obtaining i'm
partial justice. lUhas gone to such length that after
consultation with OF the judges OF State
number OF the prominent OF community, il has
been deemed advisable issue order returna5le
Wednesday next against the editor and proprietor OF
New York Tribune for strocons, Ease and infamous
libel contained thursdays issue OF his paper regard
to the withdrawal OF u uryman 10 capital case That
case is now trial. and shall make further remarks
in regard 70 il. hut what have to say the
coming IN Of the order TO show cause.
After the above announcement from the Judge the
case OF The People against James w. Nixon called
The witness called for the prosecution Geo. nchet.
lie testified 70 being present At the ARRAY passing in
front OF the Pewter Mug no heard alteration
heard Grown apoogzrg 30 prisoner prisoner responded
by calling him cowardy loater Brown told him go
away he refused dozen could 10 IL prisoner
then put his hand his coat and said try II on, and ri
be replied by calling Brown a ,heyng ioafer deceased
SAID NY Cod cannot stand this ne then struck the
up ward OF inc bow cpnssd biz srsn
70 drop and ne fell Nixon then his hand his
sna So me
have got some more Tor you TIE third shot was fred
and he believed took eject IN M Browns heart tor be
fell the entrance 10 tho Sanddy fine, ONCE.
Inc case ior the prosecution nov closed and Mr. Blake
Gilbert G. Young, who testified TO being present ct the
ARRAY saw Brown csiie the prisoner prisoner remarked,
al have seen the day when would not allow any to
this way alteration ensped Brown clcnched
his hsi and made pass a, the prisoner witness got hold
cripple" whether the blow struck accused be
don't know; Brown then advanced TO prisoner who had
fallen and then he heard the shots hrel after the ARRAY
prisoner said .'what have done did in sefdefence
VIM II Clinton testified to seeing the ARRAY and Brown
striking blow at prisoner pr soner fall and
datey Gre three st.cts alter the other.
Mr. Clinton then reviewed the law and the evidence in
detail and after long and laoorsd Argument, drew the
conclusion that the prisoner should be acquitted.
JohB Ccchrsne, the Attorney General, then, in
brilliant and argurnenistive address tbs Jury summed
the FOR the people, urging that the case one
Ct wlul murder
Judge Barnard arose and delivered the following charge
10 che Jury On the 26th Of September 1ee3 few yards
frons building place called the Pewter Mug, VIII
by pistol bred by james IL Nixon the rr,sonef i, the
bar. Ibe people 81 the State Lave presented written
and to try the truth fasy Of tina, accusation you
have been summoned here 10 day iscts OF the
IL s not my business TO touch upoa. lou brought
here for The purpose OF bearing the evidence OF the wit
nesses and for attaching 20 il such importance as u
may seem JSsts and proper to you 10 determine.
oosnsel and yca heard his defence stated and n
he had been and endless not 10 have been
gosis snd directs aat The best that can be proc ared viii
be provided defend his IN the year 1862 the
Lecislsture amended the law In relation 70 murder.
(Iere the Judge read statute defining murder the
several degrees.) n the evidence has shown you that
the prisoner went 10 tbs Pewter Mug With the intention
Of killing Brown, that would be murder IN the FIRST
degree; but m he Cont thcrs without any de
sign 70 murder the deceased, and that he had
no intention OF numbering him until The time OF the
cfYY
gree This 10 marder from iutsnt formed the In
stan % commit ~ neither Of these degrees occur 70
you will then turn your attention 70 the next degree,
which granddaughter 10 the third degree, T6i. i
70, n's ses!si Elm q the, sasS you y, VII saI.
sSss rD. NE f0qss
msdi,sou, Si.n, or cruelty IN The cause q death
and you cannot find him guilty Of this crime, thcn ass
The Killing Of Brown By ins DESCENDANT, and the srcas
stance. s attending his DEATH have :. been admitted BY
ss: sSss s =: n nssSs ss s:;
liable 10 ssll asfsnce Is explicit and clear. IMAM may
when be believes u 70 be IN danger. when be
10 Ssps o. srss, sosy iny " You are ss.
Sm .Sas you vii ssss him had 1S Ts.soS SpSS
fear that great bodily injury be inflicted upon
him, 30 that be was In great daDger-then, he acted
tnosc suspicfou6 appearances, Will him.
But you satisfied that Brown not In position
10 kill him. and that he knew this when he fred the pie
toll then a. matter Of course he would not be justified
10 taxing nis life. The rule OF criminal law 10 that
the person IN danger retreat 10 the wall-that
IL. he must do all that he 70 avoid q strug.
gie 10 the case Of cripple OF course much
would 20, be required, Ms he Is not sup.
posed 70 have the same power Of escaping danger II
person has desire 10 quarrel, II 10 unlawful force that
quarrel, although there may be 10 retreat. will
cab attention 10 The three pistol shots. II the
shots were cred after Brown struck the prisoner
considered himfelf IN great bodily danger, he us,i
fed 10 firing them Nothing win escr Justify Q man for
the ssisu ~ assault and battery. No words-po
matter how provokDgwill ever justify blow II you
have any reasonable doubt in this ia the prisoners
favor be 10 entitled 70 the benefit Of H. II must how.
over be doubt n spcb character as will lead Won 10
believe that the prisoner not guilty by moral GER
tsiniy
The Judee then continued impress upon the Jury the
solemnty Of the case submitted TO their decision and
tbst wac tbsr duty 10 make every allowance In favor
" ihe prisoner and yet remember the or justice
and the people.
Tho jnry then retired and In about hair an hour 70
.urDsd Win verdict Of manslsusb,er IN the third
degree.
Tho Assistant District Attorney moved that the zen.
tenoe o. be prsoucf 10 then given but, az the socta
Ton Of ne COUNSEL was postponed AL Wednesday pest
y rh4s blNe sss seRr, sspsrnsA