The New York herald., 1870-02-12
TEE NEWARK MURDER.
Fourth Days Proceedings-Yhe Summing
Up--Jadse Depue's Chargs--Thc Case
Given to the JMry---No Verdict Up
10 Late Hour Last Night.

The trial of LeOubardt Schwnn for the murder Of
Cornelius Stuhl continued at Newark, n. H. yes
terday. There was IL large attendance, larger,
In fact, than amy OF the three preceding days. As
usual those present were two-thirds German, a
small sprlnkling being Of the gcntlcr sex. Beyond
those who have made It point 10 attend the trial
throughout the interest In tins case has not been
great. Dut on the contrary, even among the German
people, has evoked little or no comment 1t being
apparent that the prisoner receiving fair trial
despite the fact that he has neither friends nor
money. lie bore himself yesterday with the same
composurc that hos characterized his bearing since
the com mencenent or the trial. fila know edge oi
English is very good, other statements to the
trary Notwithstanding. he spent four years in Eng
land.
Shortly before ten O'Clock the prisoners counsel
Mr.. william r. Guild, Jr., commenced summing up.
IL was not his Intention he said, TO appeal 10 the
jury Tor mercy, lor ii the prisoner was guilty. an
apiea! would have to be made to higher power.
10 tier reason ne would, however, appea. The in
tcrlercnce OF Siah in the quarrel between Roth
aud Sclwun showed tnat instead OF being cool
and dIspassi0nate he was the opposite. Being more
powerful than Sclwun he threw hlm down and kept
the knifeS counsel asked. The servant girl had
sworn that she had seen II Ia Stahl'S room. There
was no evidence to show positively that Il belonged
to Schwul, and there was, he thought. just mach
right to suppose that u belonged 10 Stahl, and that
Schwun wrested 1t out Of his hand and stabbed him
with II. as that it was Schwuns. The facL that the
prisoner ran away, while 1t was IN law evidence OF
guilt not morally; IL was no evidence that he
mad committed murder The prisoners conduct
and not bloodthlrsty. Mr.. Guild in closing. said
that the prisoner frlendless well pcnniless
and asked that he be judged according to the law
applicable In the case--il his crime was less than
murder then ought corresponding verdict be ren-
dered.
MIR. Caleb S. Tltswortn, prosecutor for the Pleas
followed In his argument for the State. According.
to his conception The testimony showed clearly that
SchWuM was very passionate man. The chief
point 10 De decided, he Thought was the degree OF
crime Of which the prisoner was guilty--w her
murder III the first OF second degree or manslangi-
ter. II the jury was convinced that when Schwun
pulled the knIle out oI his pocket ana plunged 1t
into Stah; he did not intend TO Kill, then should he
not be held gully OF murder IN the Irst degree In
order 10 80 convict II was necessary To prove that
the act was prenleditated. Inc arguments pro ana
con being concluded
Judge Dcpue ar quarter to two O'clock proceed
ed 10 deliver Ills charge TO the jury. II qulte
lengthy, occupying nearly one nour IN delivery. lie
defined, with his wonted elaborateness ana preci-
sion the various grades or murder, ana reviewed The
testimony OF several OF the principal Witnesses gong
over that VI the man Slmons III full which, he seem
ed TO think, was the clcarcst aud most important or
oil. If the jury were oil opinion that the prisoner
had second time become involved in a personal
conflict with Stah, with the intention or taking his
le then was he guilty OF murder in the first degree,
premeduation being thereby clearly established. IT.
great bodily harm, he could only be found
guilty oi murder IN the second degree. Recur-
ring to the fact that intoxlcaton had been
urged W defendants counsel rs U pailiating
circumstance his Honor said that voluntary intoxi.
cation was not an excuse, unless II was SHOWN that
Sclwun was so intoxicated by drink as to be inca
pable OF deiberating. The fact OF being in liuuor
should not deter the jury fron inding verdict Of
murder III the first degree.
The jury then retired for dellberaOn, aud the
large crowd or citizens began TO uiaperse. As soon
as the noise 0ccasioned by those retiring had suo-
sided tho case Of Rosanna iio2ers charged with
the mansaughler OF her sep-brother, James Sheri-
dan, was called and Jury empaneiled. The court
then adjourned.
Up to halfpas ten O'Clock last night the Jury were
still out, the bone uf contention belug whether o
agree upon verdict o murder IA tne Hrs. or second
degree