The New York herald., 1869-06-17
WESTCHESTER COUNTY COURT OF OYER
AND TERMINER.

WESTCHESTER COUNTY COURT OF OYER
AND TERMINER.
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The Sing Sing Notwithstanding Up Of
COunsel-The judges Charge-Acquittal Of
the PrisOner-The ROsendale and Crafs
Murders.
WHITE PLAINS, June 16, 1859.
Pursuant to adjournment from nine O'Clock last
night the second days proceedings in the O'Nelll
murder case were opened shortly after eight O'Clock
this morning. In consequence OF the early hour at
which the court opened the attendance Of spectators
was rather limited, but towards ten O'Clock the
court room became densely filed, and, as on the
previous day, large number Of ladies was present,
anxiously listening to the summing up OF counsel,
and evincng deep interest IN the result of the trial.
MIR. Larkin summed up on behalf Of the prisoner,
Charles Sullivan. He commenced by alludng 10 she
new law whereby prisoners In criminal cases were
permitted to testify in their own BEHALF and COM
mented on the prudence and wisdom OF that law.
He said the act In reference to this matter, which
was passed by the Legislature OF this State last
winter entitled the Legislature to everlasting credit
contended that it concerned this case and that Sui
livan was justified, as public ofiieer III shooting
the convict 0Nel in order to recaptuEe ham He
attempted 70 run away, and until the Legis-
prisoe apn wtn wa sat state of thnss @
should exist AS long as the Legislature furnished
the pistols and bullets to the officers Of the prison
for that purpose the officers were entitled to
them in preventing the escape OF convlcts Let the
jury convict Sullivan and there would be shout OF
triumph raised by the rascals In Sing Sing Prison,
and they would 20 TO work and burn the place in
twenty-lour hours, when they understood that the
against efficient and conscientious officers who
faithfully discharged their duties. The counsel then
entered into elaborate dissection OF the evidence
for the prosecution, and closed after hour spent
In the delivery OF his speech.
District Attorney DyKeman then summed up on
behalf OF the people in an able and lucid address
JUDGE BARNARD'S CHARGE.
At twenty minutes To eleven O'Clock Judge Bar
nard proceeded TO charge the jury. He said:-
GENTLEMEN The prisoner, Charles Sullivan, has
Dccn put upon trial by the Grand Jury OF this county
WIN th .ae decaased oNe Came to ss eah
from the effects OF pistol shot wound, the pistol
having been discharged by the prisoner now on
trial. Where life is taken the law has provided that
If an excuse is rendered which shall justify the act
1t Is crime of some grade. There Is no dispute In
this case but that death happened at the hands or
the prisoner ut the bar Therefore the question which
sometimes enters into cases OF this klnd-namely,
whether death was 0ccasloned by tine act which the
prisoner Is alleged to have committed--is removed.
What then, Is the prisoner guilty OFF The law de-
fines murder 10 be the intention OF killing human
being from malice aforethought-frOm performed
design. But every killing with the actual performed
design OF killing is not murder and tnat presents
the question which the prisoner claims eXonerates
HIM from the effect OF his!act. IL is statute which
makes certain Killing although done with pre-
formed design justilable. 1t makes the killing by
sherin, under the Judgment OF court Justlfable.
II makes the killing necessarily committed in retak-
ing felons who have escaped Justifable Now, then
you brought TO the first great question which you
are to determine IN this case, as to the guilt or
absolute innocence OF the prisoner in every respect.
He AYERS an excuse which, II true, Is good IN law
and which makes him guiltless Of the killing OF this
man-that the act was necessarily committed In re-
taking an escaped ielon: You have also to deter
the State Prison Of this State He in the lawful
custody OF the persons who control that prison. He
had no right to his liberty aud he had escaped.
Therefore that part of the law which have quoted
applies to the case on trial. Was this act done IN
the necessary retakng OF that convictY That con-
vict by judgment of this court stood different from
any other man. lie had no right to his liberty.
lie stood without right to personal liberty, and any
person In the State had right TO take him and re-
turn MIN to the prison. It was the duty OF the
prisoner TO take him. II was the duty OF the
escaped convict to surrender to the person claiming
him to return him to the prison. Was this act
then, necessarily committed In the taking OF this
escaped convicr u tne escaped convict had nad an
manner then the prisoner would have been justified
In taking his life, although there was necessity
point Of fact Because the ofcer Of the law Is not
bound to look to see whether the pistol
IL loaded or not II the convict stood In an attitude
OF defiance resistance. not allowing the oficer to
take him. 1t was the rignt OF the prisoner to shoot
him, II necessary, to enforce obedience. II COIL
wet had started and run 1t would have been the
down. II is not question OF selfdefence. In u
case OF selfdefence the law requires that the per-
wall-that Is, he shall 1ee until wall or other OBJ
struction prevents his further flight, and then he
turn eS sa So o ne
not to fee from him, and the convict's
duty was to surrender and not to nee. I say TO
you that u the prisoner stood In such an atti.
tude that the oficer, prudent man, had right
to think that was necessary to re his pistol ne ID
gentlemen. this convict because he was q convict,
had, beyond the principles ] have stated, all the
rights that any other person has in the community.
II, IN point OF fact, he had surrendered and come
to this orlcer with open hands and said-"Oharley,
don't shoot me-" and II that oficer shot him. he ts
and he is guilty OF something. There are some por
tions OF the evidence that seem 10 me TO be totally
a. he Gers e ss nUss
TO the benefit Of the prisoner. Did this convict sur
render or was he shot after his surrender with the
words OF surrender his mouth and his upifted
hand showing he had no arms and no intention to
rcsisu Or did he keep himself In threaten
sn "s a''de as to "'s cause ne ocer % to suppose
that he had dangerous weapons with Mimi
4 the convict @ DS was Soo1 IN ss Se1
against the prisoner on that issue, the the verdict
will be either murder or mansaughter IN the fourth
degree.
The jury then retired. and after an absence OF
about fifteen minutes returned into court with ver-
diet of acquittal.
There were some clappng OF hands and applause
In the court room on the announcement oil the ver'
Dict which Judge Barnard quickly suppres.eu.
sullivan then LETT the court with his friends
THE MURDER or EDWARD CRAFT. ,,
Muller, convIcts in sing sing Prison were arraigned
on tbe charge OF having caused the death OF Edward
Graft one OF the guards OF the prison. on the iIth OF
March last the occasion referred 10 on te tra o.
sullivan The name Of John Mulvey also appeared
in the Indictment but motion OF MS counsel Mr.
Larkiil the Court allowed MIN as separate pa trial
The same difficutv I'M procuring jury which ex-
isted I'm the ease OF sullivan also characterized this
case and a considerable portion OF tho afternoon
wns friItcred away In challenging.
THE RosENDALE MURDER.
A recess OF an hour was taken at one O'Clock, az
the expiration Of which
Mr. hates made motion on affldavit to postpone
the trial Of wallace McDanicls, who stands charged
with the murder Of Thomas T.. COrwn, at the Iosen-
,Iale HOTEL IN the town OF Morrsana, In May last.
Ihe around OF the appliclton was the necessity of