The New York herald., 1865-02-18
The Killing Admitted, but Temporary
Insanity, Caused by Gross Intoica-
ton, Pleaded in Extenua-
ton Of the Crime.
SU16n6ugQ UP or OoU11sH1
THE RECORDERS CHARGE.
Verdict Of Guilty Of Murder In the
First Degree,
As., Ae., &e.
Court OF General Sessions
Before Recorder Hoffman.
rTFru nav


which was densey crowded After the Jurors answered
to their names exJudge Stuart the associate counsel
for the defence proceeded to open the for the
prisoner He said that Frierys counsel would admit
that the accused killed Lazarus by stabbng him in the
neck but they would take issue with the prosecution In
denying that 1t was premeditated murder Tney would
prove that there unknd feeling existing between
and Fey ana chat the prisoner had for several
days been grossly intoxicated Tho counsel criticized
the conduct OF the prosecution In not putting "Caorna
Jack who brought Friery into Lazarus place on the
morning OF the killing che witness stand The people
also failed 70 call Clark ana Mcdonald VINO 70, were
said at the time of the occurrence Counsel read the
statute defining MURDER and said that although he dd
mot contend that drunkenness pailiated crime he did
affirm that Il was TO DO presented to the jury 10
show that the mind not In t condition 20 deibe-
sd hs the
that he had indefinite recollection OF the scene and
that all that he could remember abouti The crime
the prisoner committed either manslaughter IN the
fourth degree murder In the second degree Friery,
when he perpetrated the act, was Temporarily insane
from gross ntoxcation which the counsel claimed re-
duced the crime from murder in tho first degree.
Counsel read from Paleys Moral Philosophy In urging
that intoxication was in measure an excuse Tor an
going TO establish his theory. At the conclusion Of his
argument the court took recess for half an hour.
AFTER REcEss-TEsTIMoNY FOR THE OFFENCE.
Dr. Robinson called, and stated that when he ex-
arnined the neck Of the deceased he found only one
wound, but the neck was in such condition from blood
who were there were under the impression
there two wounds, but cleaning the blood from
che % a o1 S who
led from cursory examination OF tho neck OF the de-
ceased TO suppose that there were two wounds.)
hed that he had known Bernard Fre for ten years and
was with him several days between Christmas and New
Years day. he was with him up % three O'CLOCK on hMes
stewarts Jim Coiberts corner Of Howard and Crosby
streets the Mcclellan Shades and his own house. IN all
OF which places they drank Frery drank several times
II each place every day and was 'prety tight" "half
gone" and occasion ''beastly drunk on the
drinks the witness called on Frery that night about
midnight he in bod and the witness with TWO Others
TO his room and they all had five or six drinks TO-
gether tho witness Deaned up stas until Frery went
down. which was about three O'Clock; some one came up
and S M nDs sU
California Jack AcDqnald Clark and the barkceper
in Frerys baoom tho witness did not 90 Into Lazarus
place, and did not see Friery till two weeks after.
The witness put through q close and searching
examination by Mr. Hall In reference 70 the drinking ex
peditions he had with the prisoner. He swors that
took cigars sometimes, which he enumerated as
rink, and did not generally take "hsrd drinks" Fre-
v always paid for them and spent good deal Of money
but he could not tell how much.
Thomas Hale keeper Of saloon next TO Frsrys testi
ned that he the prisoner In there on Monday AFTER
noon the I'd OF january; hs was very drunk and very
much under the influence Of liquor the prisoner drank
four or Ave tines he had been drinking for number OF
Cross examined-I saw Harry on Monday night, about
ton O'Clock, standing on his own Stoop.
testified that he acting for the barkecper on the day
before the killing Of Lazarus Fery was In the barroom
in the afternoon and drank about times with Others
he was drunk he stayed hour and during that
time he ordered about eight dollars worth OF drinks
Captain James D. H.wes, sworn, sworn, and examined oy ex-
0' Captain Hawcs, do you know Frieryf A. Yes. SIR
O Were you In his place, No II Houston street, on
New Years day.the Gay previous 70 tns k'n'nsf A.
o. The killing was on Monday .ight-wero you there
on Monday afternoon, a Yes Yes sir; was there on sun
8 Did you see Fnery ai any time during that after
noon or evening" A. Yes, sir
On tho second day Of january
q. Yes, sirf A. saw him In she morning; ! gay
was between SIX and sevcn In the evening
O. Where did you SEQ him. Captain on both occasonsf
A. In the morning was going along Houston street and
Q That is stswan's placer A. do not know who IL
Q wS.. did you see Of him on tina. oocasion' A He
Q You again saw him between six and seven--wheref
A. AT his own place.
In what condition was he and what did you see Of
himS A He was lying on the table beastly drunk.
Q. In his own barroom beastly drunk A. Yes sir.
drunk how did he ook and what was there you noticed
about hmY A. came into the house with friend Of
mine we were out making some calls; he iay on MS
table; he had diamond pin In his bosom; took out
and put In my bosom; he was lying on the broad
Of his back and froth was coming out Of his mouth.
u, n
did not know anything about having the pin at all
Q. How long did you remain there, A. guess not
over Ave or six minutes might have remained Ionsor-
q. Did you see him at all after thatf A. No, sir.
q Now, you there Friday Saturday or Sunday
previous In his housef A. could not say positively;
might have been In and out
Were you there on the occasion when you saw any
thing OF this character; drunken man in his place.
from whom he took knifes A. On the night previous
on Sunday night the 1st Of January passing the
door, with some friends, and they went in with mei
there came gentlemen across the street and asked
was drunk; Frery says to me, "Wl you 90 over"
told him "Yes;" me and my friend went over 70 fetch
this out and In fetching him down the steps there
dirk knife fell out Of his pocket, In q sheath
Frisry took the knife up and put It In his pocket and
carried him over 70 his place and laid him on some
Q DO you know what his namc wasf A. Philip
Brady; he is in Savannah now
q Did you that knife after that occasonf do
not recolcct OF seeing II Afterwards
q Just describe that knife again TO the jury. A. II
knife with blade about eight ten inches long,
with red sheath u was very heavy knfe l seen y
and looked at IL that night l IL a very bad
weapon; do not think IL had two edges; think IL had
back 70 H.
o An open nxcd bladcg A. II was one Of those sheath
O. You were not in there during the evening Of Mon.
day nightf A. Yes SIR that was tho tmc, between SIX
| O mean after that time were you in, Captain, A.
| No sir.
The witness on his nation said that ne had
been In the United States detective business In Missouri
Counsel for the prisoner stated that witness named
Smith, Frery barkecpor was summoned, but falling to
appear they compelled to close the without
| the benefit OF his testimony.
The District Attorney and the counsel for the prisoner
then submitted Of legal propositions relative 10
the crime Of murder; after which Mr.. John Sedgwck
proceeded In an eloquent and yet unaffected strain te
address the jury behalf OF the prisoner at the bar re
marking that he would urge the proposition, from ts
evidence that nj the time OF the homicide the defend
ant did not intend TO II Lazarus He drew pc'a,s
the scene of the transaction and the pnrtcs and thei
proceeded " discuss the evidence claiming tnaS W.