New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-02-24

The Judges Chnrge-the Prisoner Peund
Guilty Of Murder In the Second Degree,
and Sentenced 70 the state Prison Tor
E.ife.

The trial Of John Cahill for the murder of
Police Officer Duryee Vas.esumed yesterday morning
in the Court Of General Sessions. Tie summing mp Of
the counsel having been heard Thursday, Judge
Russell delivered his charge yesterday Substantially as
follows:
JUDGE RUSsI.Ls CHARGE.
GENTIE,TN 81 IHE JURY The prisoner is charged and
il now trial tfOT tie homicide Of George W. Duryca.
II appears fou the evidence that the 10th day OF
M1y 1861. Officer Duryca arrested party for vol.
ton Il law taat Immediately after he interfered
with Dv q person named Cornell THAT he let go bis prs
oner and re red Council by tie collar Of the coats tat
immediately altsrward3 man with an umbrella struck
the officer ami fred few shots III quick succession, tue
last VI which killed he OceT II ~ charged that the
prisoner IL the man who fred The shots. and
It IS for yOn to determine, under the evil
dence' the guilt OF innocence Of the prisoner,
Aitcr giving a definition Of murder. the Judge pro.
ceedcd: Before reviewing the evidence. there are
certGn principles Of law 10 be submitted 10 you which
are thrown around the prisoner for ME protection We
commence this trim with the prceumpions all in favor
Of the prisoner Tie law Ireslmes he is entirely limo
cent and that presumption continues to exist until his
guilt is made apparent. When reasonable doubts
entertained 81 his g or Innocence. those doubts mast
be given IN bis favor, hut hey must be Of such char
acer that reasoning UiDd would SAY Were In the
10 maintain this prosecution, II must b. shown that
homie lde committed, that the prisoner committed
H. end at tie time intended 20 commit homicide.
The intent Is TO he gathered from the evidence, the
e. aracier Of toe weapon used and the nature of the
wound inflicted This Gaze is presented 10 you III
double as ect-frst as a strong case Of ciIcumssn-
t,al evidence and then as Of positive and direct
testimony Where III prosecution relies upon circnm
s2ntM evidence TO convict oil the circumstances must
DC OF ch character points 10 the prisoner and 10
no other man. Now let as look at The circumstances
relied by the y lon. The fret Is that he was
With party a. JOnes's Wood on the 10th of May
1891 that he remained there until the afternoon; that
lie cct mo ear thht almost Immediately after having
been N company with Connel, he got out OF it, There
is dis pute thaL point There Is no DISPUTE that
there was difficulty; that ConEel got ont Of the car
anG thai al most Immediately after, he was follow
els by the prisoner ct the bar; that be was the
only one OF the party who lad an umbrella on that
occasion. Then the prisoners dress has been
described as dark one by the other Witnesses
Then he has in lbs possession this syeIshining pistol
been found in tie possession of William Harvey whose
iDJny ia entitled 10 entire weight lie that
in the month n June the prisoner 10 his etore
gave lin s.vermonnted pistol and told him TO keep
il FOR bin. Il days Gicrgard he told him that
he would make him present Of It, he had got Of
them Then there is the evidence Of the Supel iutend
nt of tue Railroad WHO swears that lie directly OPP
oste the scene ofihe occurrences that he tall
O. ND and seize the policeman; that he saw ma lear
tl car who had an umbrella in his hand and that that
mao Immediately ajterward fired two thots and ran.
Wagner swcaIs that he the E1ing pistol and the
umbrella with the nan who ran. This " the circum.
stantisi evidence. eorroborated 10 certain extent
by tie other Witnesses. Let IA look at the
direct evidence. Yon have the testimony oil
Thomas Hart, who swears thai The officer had
Cornell by the coat collar and that the prisoner struck
i'm with umbrella. stepped back and tre two shots
IN quick succession. Owen Hart swears tbet he saw
the prisoner short time afterward that be said 10
him L am In trouble. have shot a policeman aud
AIN gong to Boston," that he took pistol out Of his
pocket and haid That did tho work that he Har)
asked blm wbat pOoemanf and he said "tle one at |
jones' Wvec en9 aIo gong ~ gave Tie plseI " tie