The New York herald., 1869-02-24

dcr in the first degree ana except where il shall be
cxcusable or justinab'e. II you shau nnd thnt you
cass q Jim murder, tnsn % you have risns 70 nd him
guilty next In degree which would be nansiauenter
IN the frst decree. r. however, you should msse s
he ppossd ~ that time he was going 70 be killed
hImsel and without any design 70 kin him, N the
ssSssa m then wss Ss1s snC IL the h
degree These are the three definitions 1nss we
used the word doubt to you moment since. It
y made the duty OF every criminal Justice who pre-
des at court OF this kind, and. indeed, - some OF
snea. s g ss % thsn Where" where they have rsasonsDls
doubt as TO the guilt innocence OF the prisoner
q give him the benedt Of that doubt and acqut him.
II must be such q doubt, however, - wouid eutnor-
NE yOu sitting as conscientious jurors 70 say tnat
there was such failure the part Of the prosecu
q the nSs % that ty you could not bring hin IN guilty
70 moral certainty II You have any sucn o0upt -
ss hs pss Scr sSS y0a w ri
Arst degree; q to whether ne formed an intention
70 take his iife. whether he did and whether the
thought he was going TO be killed. You VIII take
that doubt along with you 70 the conMaerauon
In the first degree-and II that doubt follows
you there then you will bring along 70 manslaug
ter In the third degree and the doubt remains SUI
Acatlon for killing that v biz property, and you Will
bring him in not guilty.
+
~ liberty have always charged the jury that It ID
nocossary that they should examine the testimony
S caie % nay 'ns s
insufncient evidence. But In case that involves
proson It IL very Solemn and nd serious way, A. for Il
though the man who is dead IL entitled to have the
ook afsr ns Interests M e. wen e the man VINO VINO
although 1t may be necessary for you TO require
greater degree Of evidence murder case than y
have 70 DO Is % to Ss sat;eS nom the evidence That
;.. SsS. !; s. ss ssvs III Plan I:
sponsibility afterwards Is centred singy on me.
a. ofncer Of the law, have to take 1t. 1t is my
snfy that as magistrate Of the city OF New York,
trying TO protect the citizens Of New York, have
never ninched from. have thus briefly gone over
all the propositions oflaw that 1t Ia necessary for me
10 charge you on but for the purpose OF simplifying
II, let me again call your attention to them. First,
dtated design, to take the life OF Ryland no matter
when he formed that design and It was DONE not to
protect hls life or himself from great bodily injury,
and he has not shown gufficlent for It, then
no y guilty II he has failed 70 do that you can look
q the crime next In degree granddaughter In the
you, and then to granddaughter in the third degree
II yOu ind from the evidence that any one Of the
tessed falsely % and ID wickedy % with ii the Intention q
committing perjury to material fact that 10 either
calculated to aid his side or njure the side he ap
Aley have been corroborated BY other witnesses or
circumstances, promptly TO reject tho whole Of It,
4 sSe Of S Maker and ts X what 3
false In one particular will do 80 In all, and doing 80
In one particular y suficient justcation for Jury
70 disregard the balance Of it.. All you have to do
and all have to do u simply TO perform our duty
faithful public onncers. We have 70 see the law
sa out s sas e cna
lnnnlty where we 1--we 10 made SAFE While at
the same time person who is placed on
criminal charge is entitled to have protection when
ever the jury are satisfied the facts are NOT sucient
20 ss y a1 sn IN hs
far as II might be necessary to make the applica
ton Of the law 70 them; that is not my business
mony Of the different witnesses. You shall hear and
examine their credibty, TO see how they appear on
rest they may have either present or remote; look
~ the probability Of the story on all sides the rea
sonabeness OF the circumstances, and after having
done that IL ts your business to ind conclusion
far a. the facts are concerned. When that duty
ends 1t my duty TO impose the sentence Of the law
The jury retired about twenty minutes past four
and returned At ve minutes past six. having agreed
Tne Jury, after their names were called, rose and
rendered verdict Of guilty Of murder ~ the second
Hr. Mccarthy moved 10 have the verdict set aside
against the weight Of the evidence, and - against
the law AZ charged by the Court The motions were
ihe prisoner then stated in response to question,
that he was laborcr and N reply to the usual ques
sion whether he had anything 70 say why sentencs
preached him, struck him, and drew q revolver on
him before he stabbed him. and tnat ne (prisoner)
refreated that Ryland was still facing him when be
Mr. Mccarthy again asked for stay Of Judgment
on the ground Of . variance between the indictment
and the proof.
the motion was overrued and the prisoner directed
% stand up for sentence.
Judge barnard in sentencing the PRISONER said
In suDstance:Tue charge OF which the prisoner had
been convicted murder In the second degreeI was
due the conscientious view taken BY the jury Of
tile evidence. In mis- Judgment 4 was case Of mur-
der, but the Jury had gwen him the benent OF q
next 70 the capital degree. The offence was the
consequence OF the practice by the prisoner g Of
other awless citizens, Of carrying knives, daggers
and pistols. When he came from abroad the habit
OF carrying knives, charged to his race, should
have been discontinued. This was q nation Of
peace and its citizens mnst rely on the law for
the redress OF injuries. The pretence Of . feud
between the Irish and Italians had not the slightest
foundation in the evidence. THIS country would
have been measurably wilderness but ior the
industrious race have constructed. The Court took
notice OF nationalitics. Though the prisoner was
foreigner his sentence was intended for his punish
mcnt, for the protection OF citizens and 70 deter
other lawless vagabonds nom committing similar
Onenses. His sentence. though severe would be car
red out and In his Judgment would not hereafter
pe shortened. His sentence would bo confinement
In the State Prison at Sing Sing NJ hard labor for the
term OF hts natural life.
Judge Barnard thanked the jury for their attend
Ance during the past month, alluding TO their over
hours aud the unusual demand for them, and dis
charged them for the term The audience was then
directed 70 leave the building aud shortly Afterwards
great crowd OF l0afers from the court room.
NEW YoM DISTINCT cvl COURT.
The Printcrs' Test ssCase.v
Ind m M =