The New York herald., 1870-05-11

the conduct or the deosassd man or living |
so 1oa2 Spop sns ether nsD y are n0 Ss %
the conclusion upon some of the extraneous matters
that have been iosted Into tins case that Richard.
describe him to haye been ana ethers Of you might
arrive at conclusion that the fact Of Richardson
tween them down to the sms OF the homicide. Yet |
your sworn and solemn duty-your duty to the pub
hc and respect for due course OF law and order, as
not clothed with the soIemniy OF Jurors oaths, and
interpreting q worldly code may say that no who
SO iuces the wife OF anotner ougnt 70 De Killed, or
that ne who does SO uphods the marriage relation:
But Judges and jurors must interpret the stfict legal
coae-a code tlat to swerye even hairs breadth
from often as fatal 70 human society as the slightest
variation OF the mariners compass IL sometimes
fatal to the ship and her passengers whose safety
nes nsnaS an ana s n at de the nexoe
rule OF jurors should be tnat the aggfleved husoaha
or father, or relative who takes the colrecon .,
wrongs into his own hands with pistol or Knie, anu
Is not In ate OF insanity when he did the c0rrec
tton not 10 be acquitted because It IL the duy Or
any man to uphold the sanctlty OF the marriage uo
unasststed by legal procedure.
When tile prisoner bro lght his SUIT against hlcn'
cutioner he TOOK the law into hls own hands. If
ne took THIS law into his own hands In .
state Of sanity and with malice. however sentiment
Tor the living prisoner may appaul the act nc y
guilty OF felonious killing. Tin state Of insanity
however much sentiment In favor OF the dead might
WONG done e0 sSs au State y'0ai by Einns % It's c
zen In unauthorized mode, he ts not guilty.
rors shall not speculate on provocatl0n. Wrongs
0ccasioned by swnller, bya betrayal of political
uli De s a. loricaiy estmated py Jurors in other
cases outside OF law az the wrongs 0ccasoned BY
ssducer. Az wrongs may extcnuate homicide nom
tne degree OF murder TO one OF mansaughter when
the VITO ent vndicator OF them In STATE or sanity
and under passion which does not permit design
and enforced bee society Is full Of wrongs and
temptations thereby TO commit violence at the insti.
sane person whom they may have Impressed Is not
at liberty, alter his passions have had time TO cool
TO stalk abroad, seek out the unconscious ana un.
prepared victim OF his resentment and Without tne
Intervention Of forms OF law or the Judgment OF hs
peers become the sehapp0lnted ayenSer or his own
wrongs or vndicator Of the violated majesty OF the
The law must be left to maintain its own dignity,
and TO enforce Its own DEGREES through The costi-
tuted tribunals OF its own creation, and has not In
any just or legal sens, commissioned the accused 10
the discharge of the du les Of this hign oflce We
must carry Into eject the law OF tho land; we must
enforce It's solemn mandates, and not nullfy or relax
It's positive commands by misplaced sympathy or
morbid clemency. II our duty IS clear. we forswear
ourselves II we do not perform It, This duty we
must discharge at whatever hazard whether painful
or disagreeable. Neither manhood or honor, the
restraints OF conscience the solemn mandates Of
hesitate at its execution. Let MS content ourselves
with administering the law RS we md II in our own
vS sers re o. e e9 III sha avs "n ctn @
happy consciousness that In the spirit OF our oaths
and in conformity with the ebngations which s rest
upon u.s. We have as faith ul and law-abittny citi-
zens, executed the laws Of the land
The Jury Retire.
The counsel for the defence ct the close OF the
charge called the Recorders attention to the fact
that one Of his requests had been omitted, and he
then made the following request to charge
That In the Wagner case. as regards frenzy.
the accused committed the act in moment Of
frenzy he could only not be convicted OF murder
In tue rst degree but could not be convicted OF any
Tie Recorder charged the jury accordingly, and at
precisely ten minutes after three O'Clock the jury
retired. 8fE l
Waiting for the Verdict.
After the Recorder had closed his charge ana the
jury had retired everybody in the court COM
menced to speculate as to what the verdict would
be. The general opinion seemed TO be
that they would disagree. while there
were those who believed that they would
remain out over night. An hour passed by and no
word had been received from the jury; still tthe
people kept their seats, waiting patiently for what
was to come though not knowing what that was.
Four O'Clock arrived-an hour had gone by-and yet
the jury did not return. Could II be possible that
there would be disagreement after all That was
| the general tone OF the remarks Of the anxious
audience. And yet might it not be that there was
| some stubborn juror who wanted conviction and
he could, only to gam them 10 his view Of the
calamity the result would be when the announcement
of such compromise would be announced Every
body became restless. Even the ladies' grew ndgety
and left their seats and moved about the court
from place to another in an amless sort OF way.
| as though they did not exactly know what they
were doing or where going. AT haltpasi
four O'Clock 1t became SO dark In the
| court room that the gas had TO be lit.
| ana even then the darkness was not dispeiled
sufficiently to make person at one end Of the room
| clearly dlsccrnine from the other. The lights
hIckered as though they were about to sink and die
out at every moment. and the faces of the crowds
beneath under The uncertain glare. looked pale and
| ghcstiy.
| WAS IT AN OnENP
| Little Percy meanwhile had made his way from
his fathers sde TO the table inside the rafting where
the reporters were seated In group discussing the
merits Of the case and the probability Of the nature
| OF the verdict. He evidently had no real concep
ton OF the awful position In which his father
| stood, and amused himself by playfully tossing
an orange to the reporter His father sat quietly In
his seat, gazing in wstful, sad way at the boy i1
his play, but said nothing. Percy too peered at him
| every once in a while, and stretching Out
his little arms held two oranges up above his
prize the reportcrs.had given him, and would then
as before begin to throw 1t about, evidently enjoy
ing the way they pretended ito humor himl not to bt
able to catch 1t. He got tired OF the sport finally
and leaving the reporters table, took one OF the
| seats vacated by one Of the jurors. It sc
happened that II was the chair Of the foreman
whose voice to proclaim either his fathers lib
| erty or doom him TO o felon's death. Mcfarland
! saw him and nodded to him, and the littlt
| fellow, catching his eye, stood up In Thu
| chair and In his childish giee waved his han(
to his father, as if to seud him kiss. At The verl
| moment loud murmur, as Of many voices, wa
heard out in the hallway and In another second tht
doors were thrown open and the jury entered
..a., NOT GULTy.v
silence OF death AZ once relgned in the room a.
the jurors fled In one by one and TOOK Their seats
! The prisoner for the first time since the trla
| began showed signs OF emotion. deadly