The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-01

statute the law upon manslaughter in tho third
degree.
And now, gentlemen, having declared the law
which must control you in your deliberations and
the verdict which You shall render might leave the
reason that deem it necessary to direct your aten
ton TO such portions Of the testimony as should
Dc censrol I'm Is peculiarly your province to ind
should guide and direct you. As to the killing of
Thomas Sharpe by the accused on the 18th December
last by pistol shot there can be and is no doubt.
The question In the case Is whether, upon the whole
evidence presented for your considerations the ac-
cused guilty OF manslaughter in the third fourth
or excuse has been established
me Recorder Then briefly but very clearly reviewed
the evidence In the case, which has already been ad
the charge as folIOws:-These to me seem to be
the prominent and undspued facts OF this case;
otner evidence mas been given, which has been fully
stated Dy e counse Tor the people and the accused,
according TO their views and upon which offer no
comment. inc question may arise in your consul
tatlon as 10 the accuseds state OF mind after he
arose. being released from the deceased and when
ne 1lred tne lata shots. In considering this you are
to judge what was the effect upon his mind, upon
the assault OF samuel upon Leon and the follow
ing assault upon himself by the deceased; his being
thrown to,S 70 tne ground the kicking, If any, and
there was design to do him some great per-
sonal injury and that there existed imminent
danger OF such design being accomplished.
III you 80 Deleve that the accused was impressed
at the time Of firing the several Shots then your YER
dict will be not guilty Again, in that connection
you oo W CONSUMER IL Nv TIE uile o! SnOOJlng Kelly
really comprehended what he was doing; whether In
so shooting ne was more than Obeyng the ungovern-
able instinct or Misrepresentation. Was his mind
equable enough to form intent to kill or any in
tentY May not his act in the particulars referred to
have been spasmodlc9 II the acts of the deceased
and the previous assault upon Leon lad so thoroughly
terrified the accused, then he may not have been
c0untable In law. man acts upon his impressions
or the situation when he takes life In seeming self
defence-not only OF life but OF person. You, gentle
men, must grasp all the circumstances upon
the situation Of the parties their nom acquaintance,
the occasion OF their meeting their perSOnnel-try
to enter into their respective passions or emotions
and then determine II their Impressions were justi-
fable: After all, had the accused such q right
Tor MS course or conduct as either of you would
claim under similar circumstances for yourself.
The testimony IL prepOnderating that the accused
fired two shots In rapid succession. You are, how
ever sole judges as to the weight OF the testimony,
and you are to give that degree Of credbity to the
testimony Of each witness which I'm your best judg-
ment it may deserve. You are not to regard the
statements OF the counsel for the people, nor OF the
accused, nor or the court as to the evidence re-
ceWed, except SO far as IL may be in accord with
doubt as to the guilt of the prisoner after dspas-
sionate consideration OF oil the evidence, then the
benefit OF such doubt belongs to the accused and
you should acquit.
The jury retired at quarter to one O'Clock.
VERDICT OF THE JURY.
The jury returned to tho court room at O'Clock
and delivered verdict Of "NOt cnillty.n There was
burst of applause at this announcement, which
was promptly suppressed by the officers Of the court,
and Kelly was al once surrounded by his friends,
when grand hand shaking ensued. Kelly also
shook each Of the jurors by the hand as they passed
out OF the court room.
seldom has there been more unmistakable demon
STATIONS exhibited In court Of justice OF approval
which greeted the acqutta of Edwin Kelly yesterday
morning.