The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-18
as adjourned until Saturday.
COURT or OYER AND TEaMli a,
The Navy Street Homicide.

The Navy Street Homicide.
Before Judge Iappan and Associate Justices
Inc court opened at nine O'Clock yesterday
mornng, when Mr. Spencer proceeded unme-
dately 10 sum np for the defence of the prisoner,
Robert Berry, who has been on trial for
the murder OF James Donnegan. District
Attorney Morris followed, In an exhaustive
argument, reviewing the testimony for the prosecu-
ton ana urging that the whole Of Berry's life had
been one OF war against the order of peare nnJ
society. The community was involved In struggle
with crime and with the rough elements of society
Tor winch reason II was necessary to consider the
cause carefully in all its bearings, upon their ver
diet much either of good or EVIL depended.
In ms charge to the jury Judge Barnard SAID his
duty III the case was the very simple @. declar-
ing the law that governed accusations IN order that
TIE jury might apply the evidence to Jhe law and
gay such verdict as tue character OF the evidence
warranted. To make out charge of murder lii the
nrst degree there must be evidence to show
that Donnegan, the deceased, lost his life
by the prisoners act, ana that the prisoner,
ar the time ne committed the act had a pre-
meditated design to take life by the very act
through which lie was lost. The question or riot
which had been raised would not affect Il in the
least and the character OF the crime would be the
same, whether there had been riot or not. The
was the very man VINO struck the blow, aud
that would bring up the question, did
The first vital question OF fact. ana was to be
determined by them from the evidence they
had heard Every blow however, which might
cause death was not murder. There must be not
only the tal,ag OF HE, but premediaed design TO
DO So which had TO lie proved Just clearly tho
other. They must be satisfied not only that the pr
soner struck the blow, but that he had premedt-
tated design to take lie. In law it was usual 10
presume that man intended to DO what he did do,
ana that rule was applicable to criminal trials and
IL Il man uses means sufficient to cause death man
10 presumed to have intended TO do what he did do.
they were TO satisfy themselves whether the
prisoner struck the blow with the intention
to take lie, II he did then he was
guilty OF murder in the first degree. II he struck
the blow and did not intend TO take life, then IL
would be manslaughter In the third degree; and II
the evidence did not establish the fact that lie struck
the blow, then he mrat DC acquitted.
IL was one or those three verdicts they were TO
find, ana the evidence not 10 be strained In any
manner under the impression that by 80 dong the
peace OF society would be better preserved; Tor in
no manner could that be done better than by their
doing their duty and finding such Il verdict us they
thought the evidence warranted
The jury retired shortly alter eleven o'c'xck and
were out until four O'Clock, when they returned and
stated that they had failed to agree 10 to
dict, The Court said that they should be locked up
nntl they had decided upon verdict. the foreman
or the jury inquired II they were TO be kept all
night, ana was informed that the court would be
present until midnight to receive their verdict.
The jury returned 10 court ut about hali-past six
O'Clock and presented verdict convicting the pri-
soner OF nansiaughter III third degree. Berry was
therenpon sentenced to the Peniteltiary Tor three
years and eleven months.