The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-21
Sentence of Edwin Pcrry-The Rulings
of Judge Barnard-Were they Right


EDWIN PERRY, convicted in the Brooklyn
Oyer and Terminer last week of murder in
the second degree. for killing THOMAS
HAYES, was yesterday sentenced by Judge
JOSEPH f. BARNARD to imprisonment for
life.
In passing sentence Judge BARNARD re.
marked that he thought the prisoner was
guilty Of murder in the first degree, and that
the jury had been very mcrciful in returning
verdict for a lesser degree of crime.
The case is one of considerable interest.
HAYES was private night Waterman ; and
while in the performance of his duty, on the
evening of the 2Sth day of December last, he
was shot with a pistol ball. The report of
the pistol was heard by several persons. and
HAYES, at his own request, was Immediately
aftcrward taken on board street car, which
conveyed him to Fulton ferry, and thence TO
the City Hospital, where he expired the same
evening, and very soon after his arrival.
After receiving the mortal wound HAYES
stated that he had been shot by ED. PERRY,
and expressed the opinion that he was
killed.
PERRY has been three times tried. On
the two former trials these statements of
HAYES were offered in evidence by the Dis
trict Attorney as dying declarations. and
were ruled out by the Court. The jury in
the first two trials disagreed.
On the third trial, ut which Judge j F.
BARNARD presided, these declarations were
again offered anu were admitted.
The evidence on this point was very brief
THOMAS DELANEY, conductor of city car
in BROOKLYN, heard the report of a pistol, and
immediately after saw HAYES. He testified
that HAYES said
~ am shot Ed PERRY shot me-; he said 1t more
IMAM once hAfrs shu, for lear OF my dying take
wv "o. -! na.i' -'s 'e.onu s"ss''
.urvnv u,,,,,,s. ,.s,,s.,. ,,.. A..
,,.s $3.50, ~ .o
80 -, 20 : -
| a, ~. -, = -, - - -
| -, -. -, 80, -, -. ~,
o,a ,a ..Ii r. px,,x 49,, -, ~ -, 49,
$50 -, ~, ~, :, v,,,,a- -, N' ~ s" '"'
| :. No., ". 49,, ,os,ieo,, 49,,
say 4, ,bo, lime I'm .I,o,. In prn.x sho, mo :,
,h., xos ho1ors ha 90, ON che g.. in ,ha ..r b..
.,id ~, e,so Ia. sho,,d a,o ,.,a ,',s r,nnhr 7
assisted in taxing him from tic car At the Fulton
ferry; lie walked up as far as Columbia street then
he sat down on The s'oop of carriage house"
,,a, ~ nron's, -, ,n '"' .,a,'" IN
H1yrs onpc,rsd 20 he diving and IN, sroxr wa,
sent LOT to attend him.
DR.. RICHARD IL. Stone tesiiaed-I attended
hayes at The station house he was dying, and tod
49, 800 80. 10 Wv man
know was a doctor"
All tho evidarce No % the dviro do.,. IN
lions If HAYES WA s,rcrnous,v o,isc,ed %
NV Mr. cu,ptrs G sprxcrp tho coursel
| for tho nrisorar. I'm, Jrdo,. pApN,pn rr,od
! that IL vos admissible brieav ssuonino
the Grounds of bis decision os follows.
The deceased was snot in n place ordinarily
mortal The post morton examination shows that
from the time he received the wound &c was bleed
S ~ us"'v ao,o'u'sy ins,e W." no cessation y
ordinary intelligence, and the man mus, have been
conscious OF the symptoms OF his case and of tao
ehee's winch they would create. He was conscious
%'' 1o VIZ el, "o Wv" sAoo'.vu 'V,
.t,ton tousc he is told that he /. ayinr and ia CON
scious OF it,"
Was this ruling ofJuage BARNARD right
To cntiue declarations Of a murdered per
son, not mado in the presence Of the accused
to admission as evidence against person
charged III the homicide il ia necessar,
that j; should first be made to appear tina
tie deceased at the time OF making the state
mcnts, made them in the apprehension o
approaching death. But this Grt, rs rtV H.
ann, o,I-r tart manila ,.,oyl;yL,d IN, ,;,,,,,,
.,.,
'.'".''. 40 49," 10 ~ ""''' '''''"'' -
the losing SIGHT OF TINS important prlncipI
which las led to considerable misapprchen
| sion IN tbo mart of coutsol az IN tho law n,
,,,.,,. ...,-..
''''' :" ~ ""u ~ '"' o1'' '''''''o"9i' 'ul
posed by many mat nothing but proof that
physician or maCis rate had admon shed tn
dcceoscd that he ,yos in n divine, condition
A.. A.. -, -, Il
~ ''"' 'i'' "O''"o'N "o' '"''" 'H"' 10 ""
ABOUT 10 ue, Woulu rehder such abatement
admissible. But the apprchensiOns of AZ
proochino dissolution may he inferred fror