The New York herald., 1867-05-15

Of the same article artice s. section III TO make all
laws which shall be necessary and proper for CARRYING
decision reserved. For the appellants, Clarence A.
Seward; for the respondent II. Morrison.
COURT Of OYER AND TERMMER
The SIahn-C Garland Homicide-Casc Of Alleged
Understanding Up of Counsel-Convic-
Degree.
Before Judge Miller.
The trial Of Anthony Mahn for the alleged murder or
Stephen Garland the 3lst Of March, in this city,
was resumed yesterday morning at ten o'clock
The court room was very much crowded, and the
utmost interest appeared be felt in the result Of the
case.
Mr. Cunning s. Bedford JE, Assistant District Attor
ney conducted the prosecution on the part Of the
people and the prisoner was defended by ex-Judge
Stuart.
DR.. Wooster Beach called to the stand. he
deposed as to the nature Of the wounds inflicted on
death
In reply to Judge Stuart Dr. Beach stated that the
wounds could not have been inflicted with the knife
found upon the prisoner.
This was the on the part OF the people, No evil
dence was called for the defence
SUMMING UP FOR THE DEFENCE
JudGc Stuart then summed up the evidence for the
prisoner.
SUMMING UP THE PEOPLE
Mr. Cunning s. Bedford, Jr., Assistant District Aor-
ney summed up the case on behalf the people, as FOL
MAY IT PLEASE THE CouRr GENTLEMEN OF rHs JrRY:-
You have listened with deep attention TO the remarks Of
my learned friend, who has, indeed, exhibited
est heartfelt interest in behalf OF his unhappy client
He has spoken in language which you cannot but feel
and II could for moment suffer your minds TO be
moved by his ardent appeal to your sympathies there h
not am sure, one Of you who would not say 70 this
NO more But, ssntlemsn. = / stated to you you
... 'iSs Is. s;s.S sssSs demands & Justice as:
trial Of this case in very peculiar position. Your
sciences deeply and emphatically involved in the
consideration Of the details Of this murder You have
and all OF you sworn before your God to Judge of
this according to the evidence which has been pro-
tina. evidence constituting does consolidated and
unbroken chain Of testimony, demonstrating beyond
wSaeye the ssSs the Diseased Sn.
sending him, uncaed unprepared in the midst OF great
physical anguish TO the presence Of his Maker. hold
gentlemen. that reference 10 this testimony before
ii is my duty as she prosecuting onioer 10 leave
the ends Of justice; and I, therefore, ask your
attention for . few moments while I allude
IN evidence that on the night Of the 3ist Of March
there the Of Hester and Elizabeth streets
eight persons the deceased with bis I've friends ther
prisoner, scms six fees distant oonversng with wo-
man We have r. = -, " evidence J. sa. an npccsat psyfsI
panions led 70 this cruel and wanton murder The de-
no dsSs ,1SS % Ss .sS . 2 he Das
ssnoes snd asked the h.a Iessrssos s g h%
He promptly told no; that there reference
.s .ss''vss III. s.n ':ss :s'e:s
The wnsss Farley tells You that no asked the PRISONER
what was the matter with him. stating that the deceased
and his ps wst: bis ..s 70 The fatal
odds OF you ethern AZ this moment party OF nfeen
twenty friends Of the prisoner came up and said.
s'Seme Of these fellows have called old cat a
the same lime making jump st deceased dealing him
backward The deceased raised up his hands shielding
his face, and he retreacd said Why do you strike
bm % se middle hs seo rSon Ss stabbed
him. The deceased ran few feet and then cried out
:. I am cut" The prisoner returned TO the sidewalk,
and perhaps II the truth was known with his hands
covered with the blood Of his victm-perhaps, IL may
be- wpins with his very fingers the bloody weapon
to the sidewalk hs coo1y remarked al win
cut the belly out OF some Of these fellows
oons With tina. o Bernard Fer the mupersr ca r
Of Harry LAzaros; for whom Fnory being arrested,
asked II he killed Lazarus answered "Yss killed
prisoner At the bar after taking the life OF stephen
Garland a. II not yst sstisned with his Aendsh acf
says, and viii cui the belly out Of Of these fol
these fearful words-thsy carry thor insrprrta-
on With them and Il is for you 70 give .hem their roe
determine whether from the evidence which has been
laid before you. Anthony Mahn, the prisoner At the
did the s1st OF March last innct wound the
left side Of stephen Garland causing the death Of tho
stripped Of ali coiiassrii and irrsvoisns issues.
This Is the question: which under tho solem.
nifty Of your oatns you are 70 decids-a qpession Of
momentous import not only 70 the prisoner, bat
TO tho entire community The lsw. 10 we'll 70 under
stand Is not vndctve but u Y just; and u declares In
emphatic language as ono IL the great conservative
prnspIss on which all human leg saon is based that
he Who wantonly and without Justification vets his
ns own ~a Is Society demands and the law Which,
member s the exponent both OF wisdom aud justice,
mas granted this protection against the evil deeds Of the
await with no ,tis anxiety the Judgment o.
YOU twelve jurors TO try this ap0n ITS merits
h'y m Seon me rss WON
may render Gentlemen, lot me invoke you 70 do your
duy lot ask you 10 bc just 20 the people whom You
case that they safe In the hands Of jury such
''F-'' rsn yuDu's cHAaos TO r1n srnv
Judge Miller briefly charged the jury lie said the
trial was one Of moro than ordinary interest IL in-
vovsd perhaps The MO death Of the prisoner There
citizen called upon IN the jury boz to decide upon
the hfc or death Of fellow being II was case that
tbsy should approach !, With the bvsi and pures.
tions The question arose. what was murder In the
frst degrccs II defined 70 be the killing q hu.
bong without she authority Of law, where there Is
premedtated design 20 take life To establish murder
IN tho nrs degree IL be shown hai IL was done
Killed in .hs ssss Of tho people vs. ciark whcn hsd
alnded to by the learned counsel for the prosecu-
ton twas tbere laid down that made no difference
whctner desen be Termed at the instant Of striking
the fatal blow or months before II Is enough that the
intention procedes the act, although that follows IN.
the heat OF passion and without design 70 ecct death
the jury retired, and after On hour deberatiop came
Into court with verdctsuiisy Of murder ~ The second
Judge Miller said the pr,sonsr would be sentenced 90
Friday. st ss y. ..a.E 1 NfMN
IN q