The New York herald., 1869-02-24

i L0WOf
down, and saw John Rylandr when be crossed the
that could recognize them: they came sCsoss the
s.T'i say that It the prisoner had given some blows
TO . woman, and be wanted TO take the
q s III ws
wards the prisoner, and the prisoner was backing
scs o ssEins c1 ' his jacket some one said issvs
him alone, he 70 not the mani; deceased said y
prisoner II will XIII you" they were foot or 80 aparts
The prisoner saw deceased put his hands in has pook
cts some Italian called out "L00k 0ut he " going
to kill yOu," and prisoner Immediately drew his
knife they were standing face 70 face when prisoner
Cross.examlned-Decessed was standing on. On tho @
knife; the prisoner stood stall until deceased CROSSED
the street, and then walked towards Park street; l
don't know whether prisoner held the knife In hts
hand all the tune; when prisoner stabbed deceased
he took hold OF deceased by the coat; deceased only
tried 70 take his coat or but the others prevented
him; there were some people between me and pris-
0ner
10 the Court have not tailed about this With
the other witnesses: have been working In new
Louis W. Tinel was next examined-I reside In
brooklyn ana have had nv office In New YORK fOr
about thirty years; am an Italian ana well ac-
quatnted with the Italian population.
for some months prior to this there nad been Bit
ter feud between the Irish and Italians OF the Sixth
ward. Objected to and 0verrued.
Savarnt N. T0uri was next examined-I have been
thirteen years In this country; know the prisoner
about ten months; since have known hun he has
worked regularly ut his business every day.
This closed the defence.
Peter Seaman was recalled in rebuttal and uestl-
John Ryland; crossed alter him as soon as missed
him; he was across the street when ! saw him; ne
was just stepping on the sidewalk; when got over
to him put my hand on his arm and said, "C0me
on John these are Italians, and they are treacher
ous;' he replied. 'sThe b-gg-r is drawing knife"
the Italian said something did not understand; the
prisoner stood on the sidewalk about two feet from
the curbstone; Ryand was about two PAGES from tna
withdrawing the knife the en- prisoner Fl looked 1t me
about fifteen seconds with the knife raised; was
too scared to stop him; Ryland had spoken some
words before went over, but don't know wna.;
Ryland had his hands In his pockets as he was going
away; he had his hands In his pockets when he fell
rossexamned--Id don't know why Ryand crossed
the street; he was up ON the sidewalk where the
prisoner was when saw him; crossed the street
because saw by the motions between them that
there was going to be an argument; wanted To
separate them; they were speaking cross; Ryiand
was not shaking his fists; the Italian had bis arms
folded; he had one hand in his bosom.
bernard Golden recalled In rebuttai-I did not 60
across the street with Ryland; was within yard
any Of these Italians there Al all; Know one or the
Italians pretty well: the prisoner stood N the middle
Of the sidewalk; when the deceased % turned TO GO
on the street about two or four steps from the
sidewalk when he was stabbed; the prisoner ran
away Immediately.
Ciossexamned-I did not see the Italian stop ana
look at Seaman; kept my eyes on the prisoner; l
morning at the time OF the occurrences; they mghs
have been there aud not see them; they were not
on the spot; did not see Seaman until he had hold
OF Ryland Ryland might have been moving hrs
arms, Dut he was not shaking his fi5ts did noe
know whether there was going to be an argument;
was not positive that there was gong to be din-
Tie witness would not answer the question whe-
ther he .'thoughp' there was going 10 0e . dill
tive.n
To the Court had known the deceased for
about SIX or seven months; had not been with him
before thai day.
This closed the testimony, and recess was taken
After the recess Mr. Mccarthy proceeded to tho
concluding argument before the jury on behalf OF
the prisoner and after defining che essential points
OF the different degrees Of murder and the elements
OF the second and thru and fourth degrees OF man
slaughter. claimed that murder differed from man
slaughter In the TACT that In the former there
must be premeditated intent. The law is merclful
In latter case, and says that because there was
bsen
and sought an embodiment with the prisoner.
although wholly lnacquainted with him previously.
jury that the case was one or granddaughter IN the
fourth degree, or excusable homicide.
At half-past three O'Clock District Attorney Garvn
began the closing address for the prosecution, and
argued throughout earnestly for 4 conviction for
murder in the first degree.
Mr.. Mccarthy tnen submitted twelve propositions
with request that the court would chargesthem 70
the Jury, ana ten OF them were allowed as correct
and proper. Two only were disa0wed and one Of
these the court offered to charge with slight modi-
ncaton
Judge Barnard then charged the jury as foiews:-
On the 4th O July OF last year John Ryland came In
placed on is trial here to-day. by the name OF M.
ga0o, that IN short time after such stabbinp ne
died. The proper authorities having examined the
case came TO the conclusion that 1t was ono
where there was justification for It, ana that is
was one for which the defendant should be held re-
sponsibie for the crime OF murder The truth or
ialsity of that charge has been entrusted 10 the
hands Of the District Attorney to make out He has
presented to you the evidence on his part which
would 60 towards establishing the fact thai on tSo
day In question the deceased crossed the street
either with or without coat and met one among
four Italians on the sidewalk; that some converse
tion occurred between them they, however testify
ing that II any occurred 1t was of q peaceabe and
Tend to breach OF the peace place the life OF the
defendant In Jeopardy. II, therefore, you nnd that
street. he mad right to do for peaceabe purpose
and not for the purpose Of nghting or wranang
with the prisoner ct the bar; and, while over there
to eject his death. and having no excuse or Instf-
cation killed him. 1t is murder. On the part OF the de-
stated under oath that the deceased person crossed
over and acc0sted the prisoner shook his st 1t him
IN 70 % RSs
ne retreaed - far ~ he could 70 get out Of way
Of me deceased and she.suDcn for the purpose Or
Killed him. NOW. then. The proposition ton "s Of n1 is%
arises as foiiows:~Ths law is that s' eVesy Vssy
person presumes and intends the natural
Illegal at sn3 shs law % his o9 own
ing tnat Tor which he seeks immunity at the hands OF
Jury; therefore after the prosecution has estab-
b placed upon TRIAL, that v ali they have TO DO: ana
tnen Is Tor tho prisoner, the Deing made out
On the part OF the prosecution to explain Il away
OF 70 place u IN such light or disprove entirely az
VIII justify you In finding for him an exonerntiou
from the 0Ience charged. II this defendant there
fore, at the time he was following him. II he was fol-
lowed IN BY Ryland believed and yOu are satisfied
that ne believed and has made you believe from the
evoence mere tnst kylAnd had pistol In or both
ana the talAn Tor the purpose OF protecting hrs lfo
used this knife solely In selfdeence, the law would
not nod nun responsible, because though man
may DC mistaken IN res0rting to means OF vi0-
ience 10 defend himself, Jet owing to the
lnnrmity Of our tenpers and uncontrollabty OF our
passonssome at times not being as cool ~ others
we may DO an act which the law would not strictly
JUSTIFY but yet Jury might take into consideration
provided they were satisfied that at that time no
Thought the circumstances would justify him In using
tne protection necessary to ward or the blow,