The New York herald., 1870-04-15
CONVICTED AT LAST.
Conclusion of the Perry MUIR
der Trial.
The Summing Up Of Counsel and Judge
Barnard's Charge to the Jury-The
Verdlct-Murder In tic Second
Degree-A Stay Of Proceed.
ings Granted.


Brooklyn, increased as the proceedings approached
close The evidence in the having been con-
cluded on Wednesday Mr.. Charles s. Spencer pro-
ceeded to up for the defence at the opening OF
the Court OF Oyer and Terminer yesterday morning
Long before the court convened the corridors OF
the Court House were thronged BY motley crowd
OF people, VINO were anxious to hear the closing
speeches OF counsel aud the charge OF his Honor
Judge Barnard. None but members of the bar.
witnesses reporters and others having business
there were admitted to the lower part OF the court
room outsiders being sent to the gallery which can.
not accommodate more than 200 persons,
The court met at about nine O'Clock, when Mr..
Spencer commenced his speech. He spoke for
nearly three hours, reviewed the evidence at length
and claimed that there had been none at all TO i'm.
plicate the prisoner m any way with the murder OF
watchman Hayes. He concluded his remarks
shortly before twelve O'Clock when the Cours ook
recess Tor half an hour.
Upon the reassembing OF the court District At
torney Morris procee ded to address the jury for this
prosecution He carefully reviewed the evidence,
and claimed that the prosecution had made out a
against The prisoner; therefore he asked Of ho
At about three O'Clock Judge Barnard arose To
charge the Jury. silence prevailed In the court
room and every eye was directed upon the Judge.
Judge Baruard's Charge to the Jury.
CONFERENCE.-The people have placed the prisoner,
Edwin Perry, on trial for the crime OF murder Tho
su%@ea ap yon S To- sss
the law governing the case, and 1t will then pass t0
you for determination. The people undertake to
prove against the prisoner that rnomas Hayes came
10 his death on the evening of the 2sth OF December
last, in this city, by pistol shot, which dis
from which wound Hayes died, and that a.
the time this woSndng was indicted ~ the
Thomas Hayes. The people are to prove
that Perry with q premedlsated design to
| take Hayes life, discharged the pistol by means OF
which Hayes died, and If that Is made out the de-
| iendant Is guilty as chareed That is the claim
4 sf 6ss nsss se yd s se s ss 70
try, and like other casesmost clses-a those facts
are not In dispute materially. 1t Is not question
OF serious dispute that fnomas Hayes died from the
eject Of pistol snot wound on the evening or thd
2oth OF December last IN thl. city: You Will
| have no trouble In disposing OF that fact The
great quea,ion In this case is-did the prisoner
ire that shota Now, gentlemen, thai you
to ilnd from the evidence in this case. Tnat is one
fact upon winch everything depends for the people
ana for the prisoner Now, am not to review THIS
testimony. You have listened TO Tor iOur or nvU
hours discussed by men whose business 1t is to ais
cuss testimony. will say to you that you must scan
the testimony-that you must rely upon your recOl-
lection OF ittnat your recollection or Is TO be the
thing that Is to govern you rather than the state
| ments OF counsel where they differ what the
| testimony was. Did Perry lire THIS shotf You are
to be satisfied IN the first place from tne
1t. and in determining this question you ais
to take into account the dying declaration
sion there is court 10 which that question can 0e
taken and set right; but II 1 should happen TO be-
view and treat the evidence not evidence IN he
case, the people are entirely without remedy Will,
declaration Of tins man. WIN the other evidence
| in this case, to determine whether In polnG
aG. sot wUua ncea upoa Ss S ~ w
Perry on the night in question: II you conclude thas
he dd not fire that pistol! It !. the end Of the case
1t but one step in the verdict the people ASK. There
is another thing that you must lind from the EVIL
dence before Can convict Perry OF murder IN tho
first degree Perry must not only have OccastOned
the death Of Hayes, ,,,o but he must have,
tended to Kill him. He must have had y
Rrei2rmed design IN p4lnt oi ias take nls h,e az %
times II he had IL at the instant the law satisfied
| as 70 the question or premeditation: Now, upon
this question YOU have the whole body Of the eyi-
dence. The Court can aid you very little. The law In
tends, presumes tnat man intends to do what ne
does do when ne uses sufficient meas TO accomplish
pIsto at the body OF the deceased. the law
presames that he intended to accomplish the
he used. That Is the presumption. That you may
rebut by the evidence III the case II there be
at the time intend to take the life OF the deceased
watchman. II he fired the pistol, II az the time he
did design TO take lie, and II hayes died nom the
effect OF this wound, Perry guilty of murder In the
first degree, and there Is no escape Tor you from de-
these facts established satisfactorily and beyond
| reasonable doubt by The evidence In this case.
Now gentlemen, imay as wen here say that you
not TO give this verdict In order thai the people
may be projected. You are not TO give this verdict
in order that any person may be terrified because Oh
| your verdict. You are TO see thar the evidence
out this taking of life to the forbidden intent
at the time he administered the blow; but II you are
not satisfied by the evidence that this intent
| life Is made out or that he fired the shot, 1t IL
your duty to give the prisoner the benefit OF any rea
| sonable doubt, and The community must take the
chances against muroer In some way other than by
| punshlng man against whom the evidence does
not make out complete. clear case OF murder
beyond ali reasonable donos NOW gentlemen, tnat
is the first question you nave got to decide Do he
fire the pis.op Did he have intent TO take life at
a q mi r. dQr
II he did not he Is not II he did fire the pistol and
you are satisfied that he did not actually intend to
take life. you may find one OF two other verdicts. II
ut the time ne fired the pistol, ha
did nre 1t, he was engaged in the commission Of a
| felony; II he took Hayes life while he commit
ting leony, not intending to do so at the time he
nred this pistol, then you may dnd HIM guilty OF
fled that the prisoner was engaged IN the commits
sion Of felony and fired this pistol and occasoned
thus death and had no design TO take liie then you
may lind him guilty OF manslaugnter In The third
degree That completes the list or the verdc,s that
you can , render @ under tniS ev,deaSs Yo1 can aId
| ing was premedltated and done b. the prisoner r
the killing was done by The prisoner aud not
ensssa anu IN ss ne 81 Of on
1t 10 murder In the second degree. II the Killing
WAS done by the prisoner ana not s nna
felony, 1t is mansaughter Ia the thIrd degree The
first verdict VIII be deaths the second imprisonment
for liie and the third imprisonment not exceeding
four years; you may find complete verdict OF nos
guilty, which gives tnis m An an entire aoautta.
| The jury retired at about quarter past three
| O'Clock aud at half-past nine returned into court
and through luelr foreman prescnted verdict con.
| victng the prisoner OF
| MURDER IN THE SECOND DEGREE.
The announcement OF this verdict created
| the greatest excitement In the court ROOM
| and Mrs. Perry, who was present with her
| children, tainted Immediately. She subsequently
recovered aud was removed 10 the District
Attorneys ofice, where she swooned again. She
afterwards recovered ana returned nome.
Perry himself received the verdict with ON apparent
indifference.
Mr.. Spencer, upon the rendition OF the verdict
made motion for stay oil proceedings which
remanded to jan.
rs the intention Of Mr. Spencer to carry the case
10 the General Term, and II defeated there no Will
take IL before the Court Of Appeals.
THE STATE CANAL LEGISLATION.
meeting was held at the Produce Exchange yes.
terday afternoon for the discussion OF Mr.. Fields