The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-15
THE EDWIN PERRY TRIAL
DECLARED GUILTY OF MURDER IN
THE SECOND DEGREE.

Scene In the Court during the n Rsccss-Dss.
trfct Attorney Norris Conclu sion OF ths
Case-Tbe Jury Five Hours in ConsuIts.
tion-Notio for Arrest or Judgment.
The trial Of Edwin Perry was resumed yestes,
day morning. The crowd was larger than on sny
other day. Mr.. Spencer, in summing up for the de-
fence, spoke for three hours and a half, mainly
touching on those points Which were defined at The
last trial Mr.. Spencer thought II Perry hal been
murderer, when he heard OF the murder he would
have concealed himself But we nnd him with
copy OF that Sun newspaper which delights to ten
Us that ait shines for all " in his hand. We nnd
Perry, charged with q fearful crime, surronderins
himself at Jefferson Market Police Court, in New
York. Sun in his hand, saying that he saw his
name connected with a murder 10 Brooklyn, and
wished TO deliver himself up. The murderer don't
travel TO the police but gets away. Tie Distriot
Attorney may say that Perry could not. But where
are the murderers ofJohn Andersons cigar girl anl
OF Rogersf
The Court took recess st the close OF the Do
fence, Immediately after which quite q scene oe-
Cured Perry was going out OF the Court In charrs
off policeman, when Hayes's niece, who was sitting
something 10 him. when q friend Of Perry asked
her what she meant size said In LOUD tone OF voics
that lie Killed my uncle, and Spencer, although he
Hayes arose, and sobbing, said: YES, and b
(SpenceD got $500 for IT,"
At lalfpnst IL o'clock Judge Barnard took bh
seat, but had to wait until o'clock for a juror.
At O'Clock District Attorney Morris commenced
bis summing up for the prosecution. He spoke fos
two hours and was loudly appauded by tho audiences.
The Jury then arose, anu Judge Barnard told thola
that the people undertake TO prove that Edwin
Perry shot Thomas Hayes on Dec. %, and that bs
did II with premediation. You are TO take into
count the dying declaration OF Hayes II you h,vs
the doubt IL Perry took Hayes's life with promedi
taOn, intending to kill him. II Is murder In the ra
degree. II he took Hayes's life while committing
felony not intending to kill, II Is murder In the
second degree. IL not In the commission OF felony,
and with design to take life not premo iitated
Is manslaughter In the third degree. The penalty
for tho hrst degree Is de1th for the second, TN
prisonment for HE; and for the third, not mors
than four years In State Prison. The jury 70
tired at II minutes past o'clock
CONVICTION.
The jury returned TO Court at 92o last night arA
'---A -~-S'"' ~ " Luiltv ~ -s-"-'-
ond degree" " WV wv
The prisoner, weeping, sprnng toward his win
ana nve little children and embraced them. Tbs
poor woman cried out In piercing tones. Oh. my
children my children what will become OF you -
and then In Mysteries fell to the floor In a swoon
The onccrs removed hcr and the crying little ones
70 an adjoining apartment, when Mr.. Charles 8.
Spencer, counsel for the prisoner addressed the
Court remarking that as His Honor had ruled dir.
ierently on vital point In this from tho rui-
ings OF the Judges who la previously tried Perry.
and being convinced OF the necessity of thorough
review Of the testimony he would ask for a stay of
proceedings In order to enable MIN TO maze mo-
ion for a bill Of exec otions
District Attorney Morris said that under the cir.
cumstances he should not press the Court for judg
ment at this time.
After some conversation between counsel the
prisoner was remanded 10 jail under a strong squad
OF policemen, and the Court adjourned.