New-York tribune., 1870-04-15
TIE PERRY MURDER TRIAL.

SUMMING Up OF COUNSEL AND CHARGE OF TIE
OBSERVATION-DISCLOSURES IN THE SECOND
DEGREE,
The testimony in this case having been COM
peted Wednesday afternoon, Mr. Spencer proceeded
TO sum up for the defense yesterday morning, mInedl-
aely after the opening Of the Court of oyer and Termi
ner Kngs County,. lie said he had perfect confidence
in the intention of the jury 10 perform the important
duty intrused TO them conScicntously The character
OF the evidence such to throw reasonable doubt
on tie guilt Of the defendants twice already had he been
tried for the Chense and twice had the jury iaed
to agree That circumstance ought TO mue TO the de-
fcnse Of the prisoner and although large mass Of new
testimony had been introduced the present trial. he
thought he should able to show that the testimony
of his client The Indictment charged Perry
with murder In the first degree with having deliberately
taken the life Of Thomas Hayes on the night OF the
in the first degree, il was necessary Tor the Dstict
Attorney 10 have proved that Hayes was Killed
take the life OF Hayes other man. Upon an the
testimony however he should ask the Court 10 charge
that mansaughter in the second degree, or
Of augher in the third degree could be rendered
with more Justice than could verdict of murder in the
first degree which there in the evidence not the
slightest proof Mr. Spencer then proceeded to consider
he made his diving declaration, mistaken 10 the
identity the who fired the fatal shot After speak
to render such verdict would do justice TO the peo-
p snd maes SRe Sr Up for the people
He said there were extraneOus matters which had
placed trial for the murder of Flynn and when taken
into the presence of Flynn he said he could not recognize
ne had requested the Court to have YER
dict of mot guilty rendered Counsel said that IN the
BuV they were not there 70 Try - the case
on the quetsiOn Of probability. He appre-
Of the case were marshaed together the jury would
not hesitate one moment IN SAYING VINO was me nuI u,
secret and hence it necessary for the prosecution to
resort to circumsantial evidence 10 show who IT was
thatk pd
tatcnent was ordiculons TO be true Hayes said he
canC him on the dock stealing coffee from the lighter,
and the watChman Schwartz had testlhed tlat thcre
were lighters there every night So that he had the
strongest possible motives TO commit the crime, for
Hayes stood between him and tie prolerty 9i Ms EN-,
the evidence and concluded his argument at O'Clock.
Judge Barnard then charged the jury He said: GEN
Perry, trial charge Of murder. The people I'M
dcrkc prove against the prisoner mat Ihoa Hayes
TO his death by pistol shot fired on the evening OF
the 2Sh of December by the prisoner and that this
crime was committed with premedated intent The
facts claimed are not disputed The great question IN
the IL, Did the prisoner fire that shOtf VIII not
review the testimony. That has already been done
during four or five hours by men whose business II Is 10
review the testimony In determining the question you
must take in evidence the dying declaration Of Hayes
If am wrong In my rullng on TINS point ahOlhef Court
will put right but as ruled You must accept IT, First,
You must find whether Perry fired that shot But that
not all fOu must also lnd WhctheT aI lhe moment ne
fired that shot, he intended 10 Kill Hayes Ii Edwin
Perry fired loaded P'4I 70 at he o0ay OF ay1s 'ne nav
If you find beyond all doubt that Perry fired that pistol,
Intended
the first degree You not TO bring your verdict for
the sake OF terrifying warning any one. IL you find
any reasonable doubt upon your minds as TO any Of the
points stated you entitled TO give Perry tho benefits
that doubt If you ud that the prisoner engaged
in felony and fired the pistol without premeditatiOn,
YOU are entitled give verdict Of murder in the second
degree. II he not engaged in felony, and y0u find
the firing Of the pistol not TO have been premedtated,
then YOU entitled to render averdct Of mansaughter
the third degree, or you can ind aYeldlct VI not
guilty, which gives the prisoner liberty.
At l5 Jury retired and returned at 4:30 for further
instructions to the degrees for which they might find
verdict.
The jury remained ont until o:20 last evening, when
they returned into court
The court officer then demanded: Gentlemen OF the
Jury, have you agreed on your yerdct!
The foreman answered: 1--WE have. We find the pris-
oncr guilty of murder in the second degree"
The prisoner appeared to be deeply excited upon hear
ing the verdict and his wife, who IN court with her
children, Immediately went into Mysteries, and IL
found necessary 10 her from the court room.
Mr. Spencer, counsel for Perry addressed the Court.
He said May il please the Court wish to that there
many questions of law which have arisen in the
viewed 10y another Court. Your Honor has in
spects taken different view Of the from pre-
dccesSOTS. We have determined 10 have the case
viewed by the higher Court. ask that the Court will
not pass sentence until have ed bin of cxccp-
tiOns.
District Attorney Morris answered, that he had
lection 10 delay Of sentence, and was willing that IL
should he deferred
Judge Barnard granted The request Of Pcrrys coun.
sell and immediately adjourned tie Court of oyer and
JcIminer until wednesday next at IL O'Clock.
Perry was then conveyed back 10 Raymond Il. ia!l,
under escort of detachment of the 25th Regiment Ol
lowed by large crowd OF people.