, 1869-02-25
cepclusfan of the Trial of Senter
and Konyeesy for the killing
Of Reese.
senter Found Guilty Of Man
slaughter.
The Penalty Fixed at Seven
Xears' imprisonment.
Kenyossy Acquitte2-Motion for a New
Trial
Ar1aigument OF Thomas atewart and
lhza Riley for the murder Of
Henry Herbert.

u.iuk Kenyon, Tor the murder OF Wls,iar ". Reese
4. cA,uEct, vas continued yesterday morning In
the Superior Court. Judge Porter presiding, The
case vas given 10 tho 1urI at about O'Clock.
HtnsJ +. Monroe, Etq,, continued his argument
IN behalf Of the prisoners, the pu.po1t Of hs dis
ccurse being to show that hts theory Of the csse
and the boy Senter's claim, thst this WIS tou.-
eide committed In teli-defeuce. wss substsnttAted
By the testimony. &c expressed the belief that
tho testimony showed that Senter vent from his
home alt ne that he became accidentally en-
tarced Into meeting with Reese. whom he had
reason 10 fear; that Recec made towards him
threatening demonstrations calculated to eupezin-
duce an ltcsease Of fear the contrast OF strength
and reputation Justly entered t1to the sudden
ihousht> and the killing followed. lie examined
the evidence TO fhow that in mAtef1a points 1t was
contradictory. Is where Barnes, who cs.t resehed
the body, ewore that but one Of Reesc's hands
was IN 1he pocket Of bis oyeralls while the widow
s1ean that both were In his pockets, she not
coming to the body until atserwatd.. Bu', II his
bands hand were IN his pocket, 10 argued,
E1e,r resl for If tne e; sabt of Sce,e .o H.
jrre zen. 10 fight and Kill, II no: fairly to be
3nS for WEAPONS which be vas hrs too ready 10
use! There was a far Il qu!sy to be mtde whctho:
The nd's fssE VA rot ac1n.ly increased y the
r. considered thu, III men do not act with equal
ceo!ntts in the face Of danger. and It belonged 10
honee1y under tie Circumstances WHICH sur
rounded him The greit question to be decided
war, DID the boy. Under etIeu1ns;anees that 1ould
crsat bpt t III II ,nju1J 10 htm.ei ,ase he liz Of
Reese, ard bore Inc Jury q oa!d conhas. the per.
G. Il. Jones, Esq closed The csc, arxuing th
Eu.ls Of sentef ana Of hts companion. bnt ming
to.1press The belief TIA. there was noi evidence
Tho Court IhcH instructed the Jury, enbetan.
t!ally as follows:
der ard man.laaghte! u Inc language Or 1hc
criminal eoar. isl,'ng the jurors that Il they be.
Ncved tt.t The kl!llp9 WIS done with malice
ants, ore Or bota, 1 Fa,iiy Of m1:der: TIE ia1,
was also instructed thai It "a: within its prov
iIce 10 decide whether The tonleide came within
The deRf.e OF nsnalarsh:er. and not o.
murder. Thu quality OF = doabt which might
sclutt Eas e1plsiLet that It is a serious. cub
he svidel ce. but rot speculative OF eaime.tea
prsutd th.t tee Killing was done IN seltdeIenee 1
That hedtly, injury woula be done; the. dauee'
must have been 20 urCert and pressing thst safe
~ es aaned n;s m BY ~
wonld 1crre.s upon reasonable pereoo a vel
grounded behef tat tue kll1rg VIE necessity
he lang urge Of the 'stase. that any per.on who
being present, aioe. s-c1s or assists IN tho con-
n1tsion Of . crime. or who. ,not being present
Fear, W1en person s,lls anotae
.ach o. e.re 10 avo,. he knF as
reasonable osn under like CIRCUMSTANCES would
On the par: Of tho defendants tho Court In
tt,nc:ed tbc ju7ors tn2t If they believed the de-
ccaEed to he a m.n q violent. and uncovcrnab
he tad tb1ta.cued eenler NTH death or grca
bodily harm should b. agatn meet him. srd tha
1s ssd ka:w 2! s sna t 1
time Of the k1Il1rc, and That when &C
Cured deee.tod was advancing upon Sen
ang iaperacc. and i these circua.tances were
suf1clcnt TO ra:se reasonable beltcf that Reese
in.eneed TO eonn1t bodily isjnsy, npon Mn IL,
prets seIsu OF lnmtneEt danger upon the mint
Of reasonable mar. then p.tsouGts sto1it
NyiEf TO be T,nlcrt mat and Scntcr to he Of
pcae, fai ditpae1:,on, That serter haa been threst
az OF rfts ~ s
Ing sen er 10 be the neeatant. 1t was proper 70
thcJuEy 10 b-lsc!r that Reese made ths assault
pthcrwast jnsunab1e In rsEa:a to the plea Of sci
defetce, II The other elements Of lust'tcatton 0
tae g1ou1d Ct sell defence existed. It was not NJ
Cesfar3 thAt the dantef TO the pfleoncs ehoul
Lave bccL rial or absolute, otcauee the Law dot
ROT require 0! = nan when mensced With appars1
and unavoidable dsrEc1 TO act with the cool d.
liberation that II would under circumstances {
an Ordinary cbafAc's.-A: II The jury believed th
d, ccatcd ,Taf The z.ssilenL 1t vas to he consl
loforc eptkcn Of. In lh!s view II there VI
area.orarc hypothesis. under the evidence loo
itet> irrssr.cu, II was IL be adopted By The 1nr
Tic gu.rttun u doubt was then adyestcd TO- a
an a.fault defined:
1uE VERDICT. =,
The Jury retired Al ten minutes 10 j. a.
Quarter 10 1nnae Poftrr arrived. whcn the u
-. returned into sonrt, and shc ps,sont
". DOT prs ii q : =. any eiclk Tae co1
called tn~ roll Of 'hc }urJ. Tho gentlemen Ut
IL roll asE.tg been eun'inuoutly y snarEe f. Of
dist was haIoec In. 1t Iound Joteph kouyo