New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-23

Murder IN tho fret degree killing human being
without any justihable excusabe cause Il was not
a long time previously. The defense set mp on me
ground OF insanity the only one upon which to rely
criminal 10 DO tried punished. Tie law meant that
the man should understand the nature Of the act he
tho act was unlawful. morally wrong, at the
time he committing the deed aud that he should also
have mental power enough to guard against the act
which he committed There was no evidence produced
TO show that he had previously any Kind OF mental
disease whether not there was motive sunlcent To
,mstify the ACT is mmateral The striking OF person
knife In such mode and under sucn
implies malice. In CONCLUSION. Judge lngraham said;
II You come to the conclusion that the prisoner was
sane either before or at the commission OF inns sc, .e
your copseeuce can only be satisfied by CONVICTION OF
murder i'm the first degree. We need hardly call your at
tenlon to the fact Of law which allows you 10 t2hyGt
the prisoner OF lesser degrees Of the same crime D
not murder second degree because murder ID tne
second degree Is killing man wniIe ehgageo ia 'no GULL
Al The conclusion of Judge Ingrahams charge which
a rather lengthy one, and told heavily agahS S Tue
Room at once became q scene OF disorder again. fOOr
Jack" Notwithstanding his nnprepossessing exterior
aud stolid appearancp III for large snare ol at
tention and doubtless good deal OF pity IL was n,
possible for him to disguise the eagernes WIN Will
his eyes continually sought the door through whleh
his judges had gone, aud from which they
would bring his doom His hands Deryously picked a,
the hat lie carried in way noticeable TO thoSe aDout
him, and evincing tho inward uneaslness when ne le
1905 D. m, after absence Of nearly an hour the
Jury returned hut they had como for INSTRUCTIONS jury
man No G. Mr. Norman j. Reese inquired Of the Court II
they could bring IN verdict VI murder ID the seeohu ue
The jury was again informed by the Court that muir,
der in the second degree Was killing man while engaged
In the commission Of "A mstemeanOr.
Mr.. Howe asked the Court to charge that they nave
the power OF murder in the second degree
that such yerdicI would be valid and lawful. This was
refused, and Mr.. Howe excepted.
The Jury then retired again. and at 4l0 returned sec
ond time for Mr.. Charles Jones wished To
know whether there bad been any evidence Directly OF
indirectly to show that tho prisoner was Insane at the
time Of tho commission " the deed Judge lngraham
replied IN the negative. aud again the jury retired.
VERDICT.
d al OVercOatS
their arms, aud general expression OF satisfaction ana
decision resting their faces told the assembled crowd
That verdict had been decided aud hum Of Intense
interest and anticipation passed through the fOOn
Amid the profou dest silence the verdict was
giyen" We mad mn guilty Of murder III the first degree
and all eyes were tdrued toward the prisoner, VINO,
beyond sudden dImnnR Of the eye, scarcely noticeable
because quickly showed no eotun but received
IL with apparent apathy.
The prisoner then, ut tho request OF MI. hove,
remanded To his cell until this morning, when ms
sentence Will probably be- pronounced.