The New York herald., 1865-02-18

AhSsS1~S :"
tween Frery and LAzarus :.
When Mr. sedgwick concluded his address Distrct Az
speech characterized by angular force eoquencs and
critical Analysis Of testimony
es.IisI pss. .sa recorder Horns. proossa:a e
charge the jury In his opening remarks he enumerated
the Of the prisoner punging the dagger into
the counter and saying that would Be the death Of some
tard cup against the wa which facts wsrs relied upon
BY the people - going 70 prove malice o. the part OF
Fey The Court said IL for the jury 70 place what
ever importance they saw ht upon them His Honor
then gave succnct statement Of the occurrence and
said II was for the jury 10 determine OF what crime
law or murder A in the arss degree as ioows
The killing OF human being without authority OF law
BY poison shooting, stabbing 20, el.ner murder IN
saughter or excusable ustinabe homicide according
70 the facts circumstances Of the case Such klng
Ss o. &c
first degree, in the following cases:-First-when pespe
trated from premedtated design 70 effect the death OF
When perpetraied BY an act imminenty dangerous %
others, and evincng depraved mind, regardless 2.
@ sSs as.a % say
Il IL e. As dsss Murder II the degree
nrst degree or mansaughteT or excusabe justnabe
homicide a. hereinafter provided or when perpetratea
without any design 70 effect death by person engaged
In the commssion Of any felony shall be murder 10 the
second degree The Recorder continued by saying thai
the intent 10 kill may be formed the instant before the
when Frery inflicted the stab the neck Of Lazarus ne
intended TO kill him. the crime, according 70 the present
Interpretation Of the statutes Of th State was murder
In the hrst degree unless they came to the conclusion
from the evidence that the aot justfabe His Honor
read the statutes Of other States In respect TO murder In
the first degree, and laid down the proposition that
Is presumed intend the consequences Of his own
acts, coupled with another, which that man who
perpetrated CRIME in state Of voluntary inoxicaton
must be subject TO the rule OF conduct as sober
man. The celebrated case OF the people against Rodgers
was dwelt upon to sustain this position Evidence IN
regard to ntoxcaton admitted mainly for tho pur-
pose OF enabling the jury determine the force OF GER
tain expressions used the prisoner In conclusion the
Recorder read the following propositions, submitted
few slight notifications charged them to the jury
FrThat to convict the prisoner OF murder IN the rst
atively, beyond . reasonable doubt that the prisoner
had intent to kill the decreased Second-That tins
intent must be shown TO have been entirely formed and
determined before tho act which caused the death was
completed Third-That II such intent were not
entirely formed and determined before the act
be convicted Of murder the first degree FourthThat
the prosecution must armatvey prove that the prison
ers mind in condition TO form this intent Fifth
That II the prisoners mind from whatever cause, was
incapable Of forming this intent he cannot be convicted
Of murder in the first degree SxthThat the condition
Of the prisoners mind Is 70 be judged Of from all the CIR
Cumstances Of the case Seventh-That the jury be-
eve the mind Of the prisoner at the time OF the homi
eide, affected by intoxicaton, such intoxcaion Is
circumstance In tho which the jury should consider
In determining whether the prisoner had perfected IN.
tent to take the life Of the deceased EghthThat II
the jury find that at such time the prisoners mind was
affected by ntoxcaton and II the fact OF inioxication
rasie any reasonable doubt In the minds Of
the jury a. 70 what was the intent OF the
not Of 9e murder IN he
NinthThat the presumption Of law that man INTENDS
the natural and probable consequences OF his own act
based upon the usual and ordinary condition OF the mno
OF men, and should not be applied strictly 10 the case OF
man whose mind is shown not 10 be In the usual ana
ordinary condition Of the mind Of men ra , hs
facts Of the that although the natural result OF n
of the prisoner the loss Of life yet the prsone
did intend design that such should DC the result
Of his act then the jury should disregard the presump
ton. Eleventh-That in applying this presumption 70
this case the jury should consider the fact OF ntoxca
have existed Twelfh-That II the jury 6nd that the
prisoner intoxicated at the time or times he s sworn
have used expression they bound TO consider
such ntoxcaon In asccrAining the meaning and weight
TO be attributed TO the expression. ThrteenthThat as
In the Of words used by the prisoner SO also In con.
sderng the acts Of the prisoner in this case the
jury should not disregard the ntoxcaon Of the prisoner
II they believe he was intoxicated at the time of such
acts.
The Jury retired few moments before eleven o'clock,
and oniy absent quarter Of an hour when they
returned 70 the court room, amid the breathless and
almost deathk stiffness which peryaded the minds Of
the assembled audience.
The Clerk asked the usual question, II they had agreed
upon verdict to which the Foreman replied that they
had. The prisoner directed 70 RISE which he did
Whereupon the Clerk aid:-How say you, gentlemen; ;
do you nnd Bernard Fricry guilty or not guilty.
F0reman-Guity OF murder In the hrst degree.
The prisoner looked solemn while the verdict was
being rendered. but afterwards exhibited IN his demeanor
apparently the utmost indifference The Recorder or
dered him to be remanded. Thus terminated case
which has created as much excitement In the public
mind perhaps any criminal trial that has taken place
In this city for many years. md when the convincing
Of the testimony considered against which the
legal learning and the great ability OF the distinguished
counsel for the prisoner vanly contended she result
must satisfy the community, who, no doubt now con-
gratulate themselves that human life will be considered
more sacred by young New York than It has been Tor
years past The execution OF this unfortunate criminal
will prove the wholesome example TO the lawess
portion of this metropolis that could be Afforded and n
time when life ID considered 80 cheap.
The jurors summoned last week. and who were rejected
from the Frery jury expected to attend next Mon
day as the week will be occupied by Assistant District
Attorney Hutchngs in dsposng Of ready for trial.