The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-04

man who takes human life was put upon his trial
to answer for the thing he did. Doran did not take
the life OF this girl by his OWL hands; consequently
they had to go step further before he could be pun
ON the part OF Fitzgerald with others TO take the
nfe Of some one and In this case Of Elliott II of any
one. before this life was taken. There must have
been an actual form, intent and des On upon the
part OF Fitzgerald, Doran and others to take the life
OF Elliot. That was the nrst step, because n the
designed 70 take the lie OF Elliott this prosecution
would fall to the ground ana Doran must be acquit
ted They were to Pass IN question , OF THIS mag
upon the hidden thing OF human intent and unless
they could ind II afiirmativey proved In the
life Of the accused. they were proved to have
gone to Eott's home In search OF him or OF Burke,
taken by Eli otr they went armed with muskets,
weapons designed for the taking OF life. and appar
emily useful for no other purpose They saw Elliott
then have taken his life. Why they did not do 1t was
for the jury to determine. They were TO say whether
poran nad agreed IN MS mna 70 KIN III so
II Doran had agreed with Fitzgerald TO kin Elliott
and the jury was satisfied OF tnat then Doran was
IN the execution OF the common design to take
Elllotts life II Doran and Fitzgerald agreed TO XIII
ana amea at Mss 0F HcR tRnns II was
Elliott that ne aimed at, then Doran was guilty and
In taking into consideration this question they were
jumped from the window Burke ran into the house
and told them that Elliott had escaped. 1t was for
the lnry to say whether then the common design 70
Fitzgerald in shooting Miss Hicks was done In fur
therance OF the agreement and design OF Elliott II
they found that Fitzgerald departed from the COM
mon design, aud nred at Miss Hicks, knowing that it
was not Elliott, and killed her. then he stood single
In his guilt, and Doran must be acquitted. These
were the main points upon which the Court charged,
In addition 10 reorganization OF the facts as proved
by both sides, stating In conclusion that their YER
dict must be either one OF murder III the first degree
or they must acquit the prisoner. The fairness Of
the charge was very generally commented upon as
At ten minutes past ten the jury retired to eber-
ate. The judges left the bench for rest and the
large crowd OF elegantly attired ladies in the gal
lery as well az the audience In the BODY of the
court opened a buzz Of conversation and comment
upon the proceedings and the probable result SO
Plumbers Of those present began to grow weary OF
''waitIng for the verdict" and lounged In and out
OF the court room and vestibule. Lawyers sat hud'
died In groups on the tables, the officers Of the
court assumed an air Of abandon and lOunged back
In the chairs. and the "knowing ones" predicted q
Of inc table, alfred in new suit Of United
States artillery uniform, the sleeves Of his coat
decorated with the cherrors OF an orderly sergeant
and well-formed young fellow, with pleasing and
decidedly soldier-like expression Of countenance,
though somewhat palid from his long incarceration
and wore a long black moustache and imperial. He
was evidently nervous, but maintained gentle
manly demeanor, speaking calmly 70 those who I'D.
dressed him aud 'hOping 1t would be all right"
Near him sat Martin, who was brought into court
during the trial for Identification. Doran's wife and
been In attendance each day, were in ante-room.
At ten minutes past eleven the door OF the jury room
opened the judges took seats on the bench and the
jurors entered end took the seats assigned them.
After their names were called IN response to the
question by the clerk, "Gentemen. how say yOn; do
you find the prisoner at the bar guilty not guity
the foreman arose and replied, mot guilty." Doran
arose like bolt, with an indescribabe expression
on his face and instantly the whole audience cheered
clapped their hands and stamped their feet IN APP
prevail A number of his comrades who were pres
ent clasped their arms around his neck and
kissed him. and the ladies' IN the gallery leaned over
and waving their handkerchief At this interesting
juncture DOrans wife entered hurriedly, and cross
and repeatedly and afrectonately kissed A moment
more and she appeared to be seized with Mysteries
and began to scream and swooned. Doran took her
head resting his shoulder. She seemed partially
to recover and in shrill, screaming voice, as 1t
To do with She evidently did not not
to understand that he was Free and he fearing from
her actions that commissions were sezing her. said
liar, The scene was intensely dramatic-it was
more than dramatic, for 1t was reality seldom wit
which is only found on the stage Tears started to
the eyesQf men who looked upontt
called to the bar to answer an Indictment for assault
with intent to KILL In having assaulted Elliott and
broken his arm. He pleaded not guilty. and bail
was fixed at $500 for his appearance ut the next term
OF court, two gentlemen OF White Plains. strangers
to him. justlfying as sureties One gentleman offered
to give security In $50 900 for his appearance.
question OF entering writ OF n0ue proseJtu as
against him was discussed briefly The court de-
cined to direct anything but stated that II the Dis
trict Attorney asked for his Judge Barnards) opin
ion in the matter he would give II. The District At
torney did not ask the advice OF the court. Mr..
Larkin, prisoners counsel, said that the
evidence was much less conclusive against
Sa a SSs as i IN Ss be
but was drunk In an ambulance Judge Barnard
said he could not that anything could result from
the trial Of Martin and II the application for noue
proseqd was entered he would feel inclined to grant
IT.. The District Attorney said under that suggestion
II he could he would that the writ be entered and
Judge Barnard responded, "And cheerfully grant
it.r
Upon application OF counsel also, and after some
discussion In which the District Attorney said he
felt satisfied OF the guilt OF Calvin NJ Northrup, and
that he ought to be In the State Prison, Mr.. North
gentleman, a New York lawyer, was indicted for an
attempt to poison his wife. He was twice tried and
the jury disagreed third trial resulted In his
viction, and he had entered upon the service OF a
the Court Of Appeals. He has lately been at liberty
on bail In 900.
The court then adjourned at midnight without
dav the case OF the Sing Sing convict murderers
Shortly afterwards Doran and Martin stepped out
OF the Court House and were Tree men, after an i'm
prisonment OF precisely twenty.sx months. They
returned to reoln their regiment at Fort schuyler
yesterday morning.
The case OF Doran win govern and decide those OF
Canty and Charles Burke, now under sentence OF
DEATH and on whose behalf motion for q new trial
has been made. IL may also, perhaps, 30 FAR AFFECT
Fitzeeraids case "a to secure q communication OF the
death sentence TO imprisonment for life.
MARRIAGES AND DEATHS.