The New York herald., 1870-01-31

with the tragic affair. The only circumstance tend
ing to mpiicate the prisoner was the statement OF
Hayes, VINO, wnIe dying said that Perry was
the man VINO mad snot him; put this was ruled out
by the Court on the ground that the wounded man
was not informed or was not aware that he was
dying, and consequently his statement could not DO
admitted In the form Of dying declaration. And
thus 1t H. Hayes has passed away, and from the
present aspect Of affairs his murderer viii never DC
Drought to justice.
a JUDGE PRATT's CHARGE TO THE JURY
In this case, saturday, occasoned considerable
comment among tie members Of the bar and others
present IN The court room. The general opinion ap
pearcd to be that IL decidedly favorable TO the
prisoner. and Perry, during its delivery, dld not
manifest any feeling one way or The other. District
Attorney Morris was evidently displeased with H.
inasmuch as at s conc nsion no retired TO ms own
Office and failed TO return TO the court room or have
the oflce represented there. and remarked that he
had no suggestions whatevar to make, but would
leave the case entirely In ire hands OF the prisoners
counsel.
8 When the Jury came Into court. several times dur
ing the evening" she Court notified Mr. Norris but he
ala not appear.
ggm5 THE JURY IN THEIR ROOM.
Immediately after entering their room for the nrst
time the Jury, &C the suggestion Of the foreman, Mr.
Henry arteau, efore consulting at ALL took silent
ballot IN order to determine how they stood on the
suit as seven in the negative ana i've In the arna
tive. The jury baoteQ dozen times Deiore re-
turning 70 court the nrt time WIN tne same rEs'.
When they resppeared 10 court, shortly before
midnight they again announced that It would be
Impossible 1or them 10 agree. Io51W
MIDNIGHT SCENES IN THE COURT ROOM.
The room. Gown stairs was stun crowded with
spectators for the most part friends Of the prisoner
Perry himself looked very careworn. Hrs vile, who
had been with him since morning, retained her seat
hm a m s ane 1S % ss
them. As soon as the jury reappeared TINS time
Perry lett his wife and TOOK seat beside ms coun
sei. Nessrs Spencer and Bergen Tue following Is .
record Of the somewhat remarkable proceedings
\ Judge Pratt TO the jury Has there been any
Fofeman-our position is the same as stated TO
have bean out ond endeavored to agree upon Q
verdict, and the result was the same. a
a say move opu s NO VJu r
kept outf IL tnst the unanimous opinion Of the
juryf
Judge Pratt--if any juror has different opinion
he win 30 state.
A Juror-I think judge. that this Jury is only
about half CHARGED (Sensauon.} think II it was
reenarged u might have some effect
third Juror too. '(senewed sensation)
Juage Prart-Wiil the jury state the point upon
which their opinion is diviled9
JurOr-lt appears TO be aeaeral. Judge as far as
can ascertain; cannot convince JnemI I am rlgnt,
nor they me; thiak that Il you were 20 commence
your charge that you gave US ths evening and give
us ABOUT nail OF IL we would 90 able to point that
~ A DENTAL FROM THE FOREMAN. r
Foreman--There has been no such lntimauon IN
our jury room as the gentleman made here tnat we
REQUIRE any more IN Ormatt0n from the Court.
Judge Fratt-Uniess the jurors can state some
point when they desire 10 De Charged It will be
Impossible for the Court 70 determine what 10 ca
| their attention TO.
Foreman-i suppose SIR, we have right to take
Into consideration tne crediDisity OF Witnessed
Judge Pratt-You kave. ON that subjecs, while
there Is evidence TO impeach Witness why IT IS
your duty 10 take tue wltness' stlteulent as de-
Iivered under oath. But you must notice his ap-
| peafance upon the stand, compare hrs evidence
with the otner evidence III the case and tnen say
whether the evidence Is saca commends itself to
your belief as reasonable men. You Will also on
tnat subject see wherein his evidence corroborated
or wherein 1t is c0nIradicted by other evidence In
the case, and judge It as reasonable men. 1t y not
for the Court 70 indicate or impress any oelief n
regard to the facts TO tne jury That Ia only within
tncr province. You to decide THIS upon tine
evidence that is given before you Ynere are certain
tion 70. one Of these Is that iI Is the duty Of jury
| IN examining the evidence TO endcaVOr ~ Tar as
inc witnesses without andina that any u lne WIS
guilty OF perjury. II the witaesses STATE.
| ments are uiametricaily opposed 10 each other 30
tnat one necessarily commits perjury, then IT
/ IL for the jury 70 deternine which witness
! they will believe. The Court cannot conceive IN
what part Of this case there ID any direct conlctng
| evidence which cannot be harmontzed hy reason
able amount Of dMigence. You WAL also notice this
tnat some matters which are detailed are immateral
consideration, and the mere question Of time--of
few minutes time-a discrepancy IN that ~ gene
principal fact the ma,erlal fact Is sworp TO- why
discrepancy us to time is not very material.
was given to the Jury on first trial by witness
and his testimony at subsequent trial should differ
have we the right 10 judge ol the credioiiy OF ta
Judge Pratt-You certainly have. witness may
In court diner from statement which he has made
at another time under OaIn. 1t ID then tue duty o.
the Jury 10 weigh both 0 the statements aud arrive
a. conclusion as 70 which statements N correct
take it into cOnsderation Is TO the accuracy Of
ana then 70 9dgs from m ~ s1s - ias
| be relied upon In case or this kind.
THAT PASSAGE AT ARMS.
F0reman--The statement ihat the prisoner made
| for instance, the evidence That was given by hi;
friend twho took the note TO has wlieh wherein tns
prisoner stated that he iad been IN muss, tina
shots had been fired at that tlme-what credit sh0u
we give TO statement OF tnat kindf
Judge Pralt--Now III regard to that point the gov
not put in part Of his statement without putting IL
the whole; OecaYse " is rule II parry pats IN
part OF a statement Of conversation the Whole mus
60 IN After the whole Is put IN the jury are 10 con
sider 1t rs TACT before them aud they are to give
such weight as they see 1T. They are not bound x
with all the other iacts and circumstances IN thu
| case, and TO consider whether the statement points
sake INTO consdsraon the condition Of ihs prssone
l
at the time aud the circumstances under which the,
| nnd the statement was made
| Forcman-I may apply the same remark to the
statement that Aayes made rs he was getting int
the Car. that he Was snot-Ed Perry sn0t nkin.n
Judge Pratt charged very iuly upon that. Now
| the jury Ia tue nrst place must he satsned tna
Hayes made the statement In order TO 0e satstie g
OF that TACT they have got to CONSIDER all the evi
dence given upon tnat subject. some i've or s!a
witnesses were introduced upon the subject OF wha
TOOK place a. the time Of the report OF the pistol
| Tue witness Deancey swears that he heard ta
| shout ~ am shot-Ed Perry shot me-" On
| government witness testtned-I think you win re
colisct-tnas he heard the cry "I am snOt-stop tina
| MANI Thc driver testified that he said II an
| shOt-Ed Perry shot me-take me to Fulton ferry.
| Now, IN connection, we have the statement Oi th
0fiver-y0u are at liberty 10 conslder the evldenc
which he gave upon the former trial which wa
read before you Tne statement ne made there
TO what occurred. You are 10 take into consldcra
ton the fact that the witness saw MIN the driver
after the other trial; and you are to take into con
siderat0n his manner upon the stand, and then ga
| upon your conscience whether ne heard the words
| ED Perry,t or whether he heard the words, TAX
m m forp in VT