New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-24

.,, I, that every person presumss and intends
tSe natural and necessary legal OF n dona
Illegal aG n a he seeks immunity at the hands Of qry
that t9r ws asr the prosecution has established the k
with knife By the c them Il FOR the
the case being made out on the part OF the or &
explain Il away III 10 yoa In ndns for him
Generation from the oense charged II this deIenussb s
At M I Sv Ryand believed and You salts
fed that he believed and has made you believe pib Of
evidence and drew Il out to shoot this Italian and the
Italian for the purpose OF protecting ms ne bod him
respopsibe II there had been ARRAY between these
men as far words were concerned; II Kiadha con-
vpsatjop together OF an angry character or he naa
shaken his fist at him, and the comrade OF Rysu had
ceased and closed and while he was going away Ins
defendant took sufficient leng,n Oh une 70 murder.
pre- on intent can be formed on the instant
The Legislature within the last I'VE or SIX years te
' and others Who from Interested motives or or
the purpose of protecting clients VINO may pe D ditIer
snys SSd Of acts imposing de-
grees punishment, so that 1t Is almost Setweep
murder in the first degree and manslaughter IN h1
degree But shall charge you as have Done want INTO
effect that murder in the second degree Is the n t
who was engaged IN the ~ e rs ar degree is
killing OF human being by the act or urder in
Of another except where snch killing he be exousable
or ustaabe II You shall find that you have your reason
able doubt as to whether this OF murder
have right TO find him guilty next in degree which n
would be maLsaughter In the nrst eI IgS .onna
howeyet you s0i mat be at that time he
going 10 be killed himself aud without any design 10 NH
man .s Stabbed him. then in the
third degree These are the three den9tSns ohsi b wo
70 examine the testimony with the greatest care put
was only for them to be satisfied OF se g W
them The responsibility Of the verdict rested with MIN
alone he Jgdge and he was Obliged 70 @ and
returned with their verdict at $40 o'clock: -, en-.
After short delay arising from te GO nre
In the second degree. .-..--,,. Ar. 90.
dict as against the weight Of evidence ana rs agast &
law charged by the Court The Court o'effueu 'uo
The prisoner was then called up for sentence, and,
being asked what he had TO say stated that hyana ap
before he stabbed him. aud that lie Prsoner retreseu
that Ryiand. still facing him. ne srck INC an
the ground OF between the Indictment ana he
proof. -,., .,,, ,ho ,,risoner dirooted 10
stand up for sentence IL, nrho
Judge Barnard in sentencing the prisoner said the
i'm fhe second dc gree-was due to the conscientious view
taken by the jury Of the evidence In HE judgment ~
Senet Of doubt. and had conycted him Of oense
next TO the capital degree The oncnse was the eonse-
0uence OF the practice by the prisoner as OF oher Jaw
less citizens OF carrying knives, daggers, and pistols
when he came from abroad This was nation OF peace
inres The pretenso OF u feud between the Irish ana
italians the slightest foundation IN the evidence
This country would have been measurlbly wilderness
but for the canals telegraph poles and railroads ms pa
tent and industrious have constructed Tic court
took no notice OF natonaes. Though the prisoner was
foreigner his sentence must be intended Tor MS PUNISH
mont for the protection Of citizens. and 10 deter other
lawess yagahOnds from committing similar oHenses'
Ills sentencc though severe. would be carried out ahd
I'm his iud gment would not hereafter be shortened Ihs
sentence would be confinement Ia tho state frlson AZ
sing sing Mt hard labor for the term OF his natural ne
Judge barnard thanked the jury for their attention
during the past month abiding 10 their extra hours OF
service and the unusual demands made upon then' ana
discharged them for the term