New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-11

eu, ana one fell then saw another shot hreu ne
snuught ne saw the biggest raise his hand Witn
something in IL; he thought club didn't want TO get
where he took the cars
crosse amned-Lved formerly in New-York;
wa oe Was once In the PeDeutiary for four months
was innocent though no one else there where these
ne heard tnched witness stopped before he moved
man fell he thought two shots were fired he thought
a51 MIN tnched on the avenue; the two shots
ea men came running before that there was no one
This closed the testimony
IL was now nearly O'clock The Court said Il desired
20 the case closed tonight there were other
pressing. Mr. Phelps said It was very beayv denmd
that was made on counsel after the close OF sch da
sum up at once and begged an adjournment ' "
The Court said the matters were ali fresh IN the Ynda
OF the Jury and in the memory of counsel He thought
ExJudge Stewart said that the case had now occuped
tne woie day: II the counsel summed mp thoy would
occupy at least two hours His Honors charge would oc
cupy some time and this would bring to near IL O'clock
ana me Jury would sun need time for deberation. No
cluded IN this Court in so short time one day.
Mr. Justice Barnard said it perhaps time to es-
tabsh such a precedent. A great deal TOO much time
was taken NY by trials STILL If the Jury desired 1t he
would adjourn to Thursday
Ills own charge would not occupy more than few
minutes, and he understood that the DstricAttOrney
would not speak very long.
The jury, consultation among themselves, preferred
to complete the case at once.
Mr. Phelps then summed up the case on behalf OF the
prisoner urging all that could be said his behaf-the
discrepancies IN the testimony OF tho prosecution the
proof that the prisoners mind diseased from the
effect Of drinking the evidence given aud suppressed as
To the feeling between Smedck and Real aud the
the prisoner had 10 believe that he to be assaed
and the only proof Of personal contest between the de-
ceased and the prisoner and appealed eoquenty to the
jury for verdict for the prisoner
Dr Phelps spoke for nearly two hours. and 1t wanted
but few minutes OF when Mr.. Garyin commenced his
Mr.. Garvn spoke quite briefly in reply touching the
main .ets OF the evidence ana reminding the Jury tnat
ton OF the pubic to punish the guilty as well as TO pro-
tect The Innocent. lie closed at S:l5 o'clock.
Judge Stewart submitted certain requests to charge,
which the Judge allowed as correct.
judge Barnard charged the Jury as follows
GESTLEMEs OF THE JURY: The statute OF our State
defnes murder to be the premedtated taking away OF
human life For the doing OF that the Grand Jury OF
THIS county have placed John Real trial In order 20
sustain the allegations contained their Indictment the
DstrictAttorney, who represents people, brought
of July 1863 officer John medick came to his death by
being shot with pistol loaded with ball 1t that
ing thus having been proved by tho prosecution and
beng admitted by the prisoners counsel, it be-
it was done by accident or with some cause
which in the eye Of the law would make It excusable II
bic for the commission OF the oense for which he has
been placed on trial here to-day for presumes that
every man intends the natural and necessary cOnse-
quence OF his own Illegal act, and II he pointed pistol
loaded with powder and ball at man. and fired i and
hit him. the presumption would be that he intended to
kill him. and II the prisoner gentlemen, has shown you
any for 1t, we will take 1t up aud examine III
few moments to whether ii removes this case from
the oeDse charged to one OF less degree one OF MS
witnesses says he saw scufe take place between the
II is question that have nothing to do WITH IL
is my province merely to lay down the law
law If you satisfied that there scufie between
these two men, and that Real at the time ne fired the
pistol did the superstition that that policemen was
going TO nct great bodily injury upon him. that his life
was IN danger or tnat ne was gong 70 De AGu anu you
matter OF 1t would become an excuse and bring
~ down 70 10 In onG Iou bs b "Uu
supposed at that tne II II occurred that the man in
tended to XII hm though III Ieay ne never meant 70
the benefit Of that doubt, which would result
also I'm the same verdict, because the law does
mt q IN n
killed IT. them you have any reasonable doubt arising
from the evidence IN this case as TO whether me defend
the benefit Of that doubt and hnd him guilty OF lesser
degree OF homicide. BY doubt, do not mean mere
possibility, Imagination, abstraction mean such
reasonable doubt reasonable human being in the or
evenly balanced that he could not he guilty to
moral certainty. II such doubts exist they arc his prop
erty II, however gentlemen the case Is made out on
the part of people plainly and clearly you that this
man came to hrs death from premedtated design on
the part Of John Real to kill him. and he has shown no
excuse your duty jurors and good citizens promptly
lind a verdict OF guilty The responsibility among
you may be divided the responsibility afterward comes
sngy and If you, Citizens are DESTROYS OF see
ing the laws in this large city properly executed properly
Obeyed and carried out Is your duty TO aid the erin
ina officers with every means in your power by findings
verdict that the evidence Will warrant Unless that is
DONE aud unless the community can be satisfied that
they have Jury TO appeal then the laws fail to be
forced and society resolves itself into awss mob and
the result is bad men commit murder rob, and steal
without Such state OF affairs in any commu
nifty must be promptly checked and 1t only requires
promptness on the part OF inc prosecuting lawyers
Jurors and judges. TO put such state OF affairs down.
All the community desire at your hands Is justice Ihey
want victim, they ask simple, pure and naked JUS
You ~ listen to outside camOT you are to be
swayed by outside considerations nor by any synpa
thy you might feelfor the person charged WIN ths crime
than the sympathy you might feel for the man
who sleeps his everlasting sleep In his cold ana silent
grave have thus briefly gone over all the propositions
OF law which, In my Judgment IL mas become necessary
charge and those are You must be satisfied mat the
defendant committed this and that at the time he
committed he intended 10 kill this policeman and that
hIinc~nothing Of tine kind but that he lay in wait for
him and came up and shot him. II that exists 1t is muir
der. Not only does the community desire 10 DO pro
tected but you must protect It's proper oIhces Ihe
guardians who watch over the life and property OF
others who are asleep or absent must be projected as
man. II policeman can be shot and his murderer ac-
Ggs9 ny n e ae should G By by the mouth
jury that they may know 1t ana seek some useTd
vocation where the FISK Attending ther eahg Wouu os
be great would be II they are to be shot at every
evening ,,
At lO:45 the Jury was still out Mr. Justice Barnard
said that he had been Informed that the Jury had not
agreed lie had waited some time and had concluded to
keep the Jury TILL 10 o'clock to-day, at which time lie
would return to receive the Serdes 1ney n@u 'nen
A delay of some minutes WAS occasl0ned ny COM
municaton from the juryroom not male puohc out az
1885 the Jury came III ana TOOK thelr piaces
THE VERDICT
Tho solemn form question and answer was put to the
,ury and the foreman responded, "Guity, but with
recommendation mercy. They were poled, and rear
drmed their verdict OF guilty Of murder In the first de-
gree.
The District. Attorney moved for sentence at once.
ExJudgo Stewart, the prisoners counsel begged that
his Honor would pronounce the sentence tonight
There were many for delay-the necessity OF
preparing writ OF error the lateness OF the hour The
prisoner could Of his means bring writ OF error
If tmo given cerordi1 might be obtained, which
would be at the expense OF the county
Judge Barnard denied the motion, saying: am ex
ceedngy willing at all times to obge you ana your asSo
cate counsel in this case, but IN consequence OF the
finding Of the jury-aganst which, OF course can say
nOthng-I think client has Jared much better than
he had any reason expect. The imposition OF the sem
tenco tonight would make particular difference to the
prisoner, because Ii has TO come at some tme-etner
now or on some other occasion and the object OF the
imposition OF the sentence to convince the awless peo