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

| seat anon she ranch 80 81 - - ~-~ WV -
The Recorder addressed the Jury y ror,owr,
As oss Of your number stated that he though. soss
rurthsr instruction upon the law would be desirabis
shall give % ysI before LEAVING ~, you again for your O.
day, what murder In the first degree Is Killing, whsa
peretrated from premedtaed design 70 eject the dsasA
OF the person killed. Of human beng The premedl
tailed design 10 kill rs all that necessary as stated 10
that deanon Tor tho purposes OF this oass Prsmed..s
ted design, according 70 the decisions Of our oourt
means design to kill formed At any time prior 70 the
striking OF the blow which results In death II need not
nediately resulted In the death OF the party; II ~ b
formed antecedent to tho time tho blow given aal
Is with design Ia sufficient TO constitute murder N
the FIRST degree recognized by law Tho statute
then declares that such killing THAT u, tho killing q
mansarghter excusab,e or jastihabie hcrtcIdo,
provided In the law when perpctratei without any d.
ssn a. spy feonS shall be deemed murder IN tho seooca
degree told You the Other day that the lawmakers
had defined other msnuer than that what
der 10 the second derrce They simply declared that
the Killing, unloss II be murder In the FIRST degrcs,
manssugbtor exYsabs or nstinab'e hpmcide. y mar
der IA the seconane when porpetated, al said,
without any desigS effect death, BY pcrtcn engaged
in the commission q any felony Those are the two O.
that upon indictment for any offence land this Ia an
Indictment FOR murder consisting Of different de9rees -
prescribed IN the chapter which read TO tho jury
may nnd the accused guilty Of the offence OF the degree
charged in tho indictment find such accused per-
charged II the ndctment Or an attempt to commit such
offence Tho meaning OF this Is, where this chapter
to which have referred divides crime into degrees.
Is. first second, third or fourth degree, although
tho person may be- pdictsd icr the oasnce r. ths
tho nrst. aud may. find him guilty or an inferior
degree, 10 of the second Now, have told yos.
at tnS rsausss Of the counsel for the pssoner thsi
there be murder except where there Is design
10 take Ne There are other circumstances In which
murder may exist In tno absence q peculiar features
without design to take e Under TIE statute the jury
oa s a Them snG ss
the other suffice. of manelaugbter have something %
say Sut tho definition OF excdsable or jstihaee hot
uAnd not ha 0iv for
hoy have not asked me q tell you what is excusaSS g
us.nble homicide Toe feature bsswec.
desga TO KILL whereas Id niansaughssr tberc is the
killing without the design % ti when come to reaA
who ~ cruel or unusual nisnnsr. without des.g.
s.yins p.,.Sosr ass:
second degree This statute provides again that where
soa e. Ss "
gree The statute provides AGAIN. that tho killing where
would 30 msnssurStsr II che fourth degree Nov tSsss
are tho defnitiens and disnctions Of shosc various
covering almost every esncsvaoe case nat osssS s.
msined under any state Of society Mansaughter N he
Of the
apply to the facts in this case MansIauehter 10 the
third and fourth degrees have explained to ycss
requested II seems TO mo- gentlemen, with tho law
thus explained TO you plain that u cannot be misun
dcrsood, and there really little dispute upon the
facts OF this case that the jury ought 70 come 70 some
judge, bias and FORMED resolutions. and take
mon just aons out 10 consider case. and meeting
upon some common ground to discuss i fairly thsg
must 70 conclusion that will DO Just 70 -
parties II hardly necessary that should refer 70 the
law relative TO insanity; but will simply say upon ths6
possess sucent degree Of 70 be responsible re-
his crimes until tho cntrary 70 presumed 70 tho salts
establish defence tho ground OF insanity 4 mnss
DO clearly proved that at the time Of committing the
from dissss. Of the mind not to know the n
ture and qn15 OF the act he DOING Or II he did know
man has reassn and mind enough 10 understand Is:
nature Of an act to know the difference between rghs
and wrong the Law holds him responsible fcs his oaooos
you. and which was requested % charge, sabsan-
italy ths from any defect in bis reason or from any
mental condition growing Of injuries 70 the brain. The
man, at the time OF the commission OF the offence, in
such condition that he cannot form specific design -
Or ansisushsr and where there no dsslss kin thas
would DO nanslaughter, and not murder believe, gsa
sorry that oanno. coussa. 20 dischsss You from tls
further consideration o. this but with ssnse
suffering do no. '0 feel Il liberty to SsossrSs
asss 70 ssa 70 .
you here perhaps celebrating Or trying y b. oon
law and The facts OF this ease and my duty
the public feel that mus. keep you together. -.
you that the intent 70 KIN sufcsut % constitute
murder. Termed on the instant and Al the time ~
-
| Ties met ~ p, 49,
Mr.. Cinton-l also ask your Honor 10 charge that
there any reasoaAbe doubt Of the propoeition1
ousr The pensss Of that doaSs and decide in biz favor
ne Court have .lrsasy charged that, = ,, s.
q Is. s.
@ the S21, ~: again Of ~
nounccd that the jury had agreed Court, counsel The
attaches Of the Office and Tho reporter q ihs HsaAID
entered the coart room The names OF the jurors were
called and sAs usual question put Havs you agrpsa
upon verdict Gentlemen"
jurors look upon the prisoner the prisoner look upoa ~
nnd Exsrd Hunter the prisoner At the bar, guilty q
Foremsn-ou,lly Of murder 10 the second degree.
Mr. Ciin.on had the jury polied, when tho same rssus
The Recorder ordered the prisoner 10 b remandsd asl
tutimated his intention 10 pass early wssk
the for murder In The second degree imss-
while the verdict was bs,ag rseordsl Sss
aside from that hs did not APPEAR 70 exhibit any more
The nrors who confined Just forty seven heurs,
presented rathor novel spectacle; and m individual
had entered he court room previous sSs discharge
and scanned their unshaven faces, dhcvesd craniums
int hs s'i ss.ss
or sss % s q % q s0 q.
l. We won't 70 homo tili mornins,
/ TIL daylight doth appear.
while our reporter was attendance waiting FOR ~
verdict. really amusing 70 listen 70 the messages
received from and sent to the jury during their ncaroe
ration Anxious wives communicated in writing N their
devoted husbands and In one instance true 70 her
mans nature lady applied personally to see her bet
Ter half She informed that In the absence Of the
Judge she could not him. bat being assured that hss
husband would be well taken Of she consolsd,
and retired previous 70 which, however, she lefs sons
desirable articles Of wearing apparel communicative
was received setting forth that Mr. Smith need have -
fears that Kate vas an right which was scrutin..l
a. severely BY counsel for tho defence - Mr..
Sergeant Buztus would haye done, who, it via
emphasis what Mr.. Pckwick meant when he mentioned
the warming pan in his note 70 Mrs BardeI Another
entertaining the opinion, perhaps, that they