The New York herald., 1870-01-15
TUE LAST BROOKLYN MURDER.
The Trial Of Edwin Perry for the Murder
OF Thomas Hayes-Judge Pratt's
rge-Disagreement of the
Jury--The Prisoner Re-
manded.


Yesterday was the fourth day OF the trial OF Edwin
Perry FOR the murder OF Thomas Hayes, the night
Waterman at Harbecks stores, in Furman street,
and although it was known that the evidence had
all been taken and the counsel 1or the prisoner and
District Attorney had summed up the case on either
side, yet the interest the final result was so strong
that hundreds OF persons were eagerly
striving at an early hour In the morning
90 secure admission 10 the court room. The
usual precautions were taken by the poicc 70 pre-
vent the corridors from being completely choked up
by the throng ana TWO officers stationed al the
door or The court 10 prevent the room being filed 10
excess by spectators.
As the charge In this case was the first made by
JudgePratt IN a trial for murder since assuming his
onice IL naturally excited great deal OF interest
among the legal fraternity who thronged the court
during the delivery.
The wife OF the prisoner was present, surrounded
by her little Ones ana She manifested the most In
tense anxiety in regard 10 the fate OF her husband
THE CHARGE TO THE JURY.
At halEpast ten O'CLOCK the jury was charged by
the judge as follows:-
GENTLEMEN OF TIE JuRy:You have patiently listened
70 the evidence in this and it is for
TO decide and upon your 9aas render verdict
against permitting any sympathy for the family Of the ac.
CuScu 10 iulciieic your iou w ionuNi
verdict here upon the evidence Neither you consider
the effect which you verdict may have upon the
sworn to Try this case upon the evidence II
one or two rules Of law that govern ilis
upan m hG be @ T ha ae he Of The % an
not in the province o the Court N manner 10 indicate
safy convict prisoner OF capital crime IL s necessary
sona rational doubt Now true thai such arrasated
crimes murder committed upon selected occasions in
by the which usually those
crnmcn, claim conviction crcumstantia evidence,
where is partially crcumstaal aud partially positive
the aefsndant IS gully oS The charge. ow What is
of justice of which there might no, % be- possible
doubt The rational doubt meant here by The law is douot
OF all the circumstances OF the caseeaves such
i s 4 'ea eay OF @ he h is nctca
the murder OF Thomas Hayes on the night OF the sth OF De.
you md he killed Hayes, his offence falls.
Judge Pratt read the statute referring to the
different degrees OF the crime OF taxing life and con-
unued:-
necessary that ney should satisfy your minds that the
prisoner killed Bayes with premc aed design to take his
lie that of other human Deins The nrst question
that here sdd the deteniant take the lie Of Hayes
You judge and consider all the acs and cir
q the l. for you 70 say IN the rst place
II you ina that he did XII Hayes Is t. Ind whether at the tine
Just previous 70 The killing he killed him with ed
The prcsumes that every until the
y ae T s n PPa'r% o % q wy no 81 hs
However, this State the burden ~ proof In favor of
raise your minds legal the sanity the
charged Why that doubt snoud weigh m favor OF the
prisoner. II Is Tor to the flat place, whether
thcre any evidence this showing this prisoner
spases OF INSANITY Wheeler there Isl Is nh hs case
which can raise IN your minds reasonable douo As to
becomes material in find IN the first place, that the
whether he killed him with premeItatcd eesgn it i neces
for as sadsbcore upon other questions, to take
into consideration all the acts and circumstances OF the
case II has beeln Tact nu'abe- oil witnesses have test
after the prisoner bore evident marxs OF having been
rnking-of being under the influence OF liquor The question
cyehnn which has been introduced bel orc Won The one
ton What effect give 10 that
n ~ IS mol not LOT a me 70 say What else. y sla nave
the legal effects Of certain facts. l charge you tha,
crime and you ind that prisoner wuly, deliberately
and with premedated design, took the life Of Hayes is
mining the question whether the di XII Hayes with
oscaton in connso,sD Win IN the Other acts nI ereum M
Of the case. His Honor then proceeded illustrate
and then folowsI asked charge several
sassesona as think the matter demands Frat IN this
case under the evience the jury may md one o three
ter IN the third degree; third, acqt cnaree that pro
ndcr b a 8 must o n nd y 9r %
and & circumstance pace TINS case u Is impossible
hands, and we cannot IN any manner de,ate verdict to
facts ana unaer what definition OF tie statute
OF In the first degree they must find that the prisoner
killed Hayes that he da tho act pemedtateu design,
must mud that the prisoner killed Hay In the heat OF
sion, with the design elect DEATH The
voluntary noxcason was no excuse Tor crime ana where
the circumstances such to the question OF sanity
the intoxcaiion of accused proper subject
sideraton by the Also that there motive
in this case on the part OF Peay but that 1t
necessary Tor the sosernmen. to prove by positive ev
found that the exclamation Fm shot I'D Perry shot mc
made as testified 70 by the wtnss Delaney it not
the prisoner, but only circumstance bearing the
fact of the shooting If Hayes di make that
proof positive and absolute Perry shot
statement which the jury had right 10 pass upon,
whether was true not the any evidence intro
duced before them
charge the proposition Of Mr. spcn-
the effect that tie only proof Of the question OF mace
the statement OF Perry TO the ocer which
to dsprove malice The Court charged several other points
The jury, VINO retired shortly after eleven O'Clock.
THE JURY CANNOT AGREE.
The jury, alter an absence OF an hour, returned to
upon the testimony Of OF the witne OF
the car driver Delaney. The clerk then read his eyI
dence some thirty.hy pages. Oue OF tho iary men
then asked what the punishment was Tor murder In
the tnird degreea
Judge Pratt told them that they were not to decide
upon tue punishment. TIE jury then retired,
AT Two O'Clock tney sent Ia word that they were
unable to agree. The CoGrC returned answer that
they would not be discharged; thought they ought
to be aale to agree.
At five O'Clock tney sent for an additional number
OF Policemen 10 wait upon Lhem-orlg their coats,
some supper, some cigars aud take word 10 their
families that they would not be able 10 get home
last night.
THE JURY DIsCHAEGED.
The Jury appeared in court about half-past 81 x
O'Clock, and, as there no possibility Of their
agreeing upon verdict they were discharged. 1t
Is understood that ten were IN FAVOR OF colvictng
Perry OF murocr In the first sdecree, while the re-
naming two favored his acquitta The prisoner
was remanded.