New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-07-08
THE SHERIDAN WIFE MURDER

JURY.
The trial of Thomas Sheridan for the muir
der of his wife was concluded yesterday and resulted in
a verdict Of guilty Of murder in the first degree. Tho
Courtroom crowded throughout the day The Court
was opened shortly after H. and the counsel for the prs
oner then commenced the summing up He quoted from
the Mcfarland trial that portion Of Recorder Hcketts
charge which he said that the prisoner was renzed
when he committed the deed he was not responsible Tor
the act or for any act committed aud counsel claimed
that that proposition the sole which governed
this case That had been sanctioned by the District
Attorney at least If not by asserting TO It, by HIS not Oh
iecting excepting 10 IL. He claimed that the state
ment OF the prisoner truthful one and admitting
it, truth there any on the jury or within the
sound OF his voice who would convict man for murder
ing wife found under similar circumstances and fren-
zied as he was $3.50
Judge Garvin in summing up for the people said that
this was first time he had discharged or the last
he expected to dsharge, his duty III cases OF ths
magnitude when the jury came 70 take the case they
would get from the Court and the EVIDENCE they
would have a. pass upon tnemsey yes Inc de1ltoh OF
murder the premedated design 10 take the lie OF
another and that design could be formed in moment
This had said in his statement that he dd not know
with the OF his wife II he did not know him.,
had nothing do with it whatever He had not caught
them in the act Of adultery and all there to base this
defense on was statements that he had heard IL
was not me mrs. m hS es on fs sgre r see
once nearly day. He had bought his pistol eight days
the usual compliments; they sat down, and a
conversation ensued Powers SAT- mere, ana sheridan
e ~ 70 mt your threat i'm execution ~ He says So
ont of his chair and shoots her through the head first
II was in frenzy, the morse OF the PiSol, tne
RRfi Kim out Of his frenzy Instead OF saying 81
| have shot my wife; didn't intend 70 he hTes
that frenzyl Was it not premeditationl As honest
men, just men in the fear OF God ana Under te 0
was frenzy. Unless they did their duty TINS city
would be pool OF blood; murder would be rife IN our
streets II they thought 1t was case OF murder tasy
say So and leave the exercise OF ceehcy 10 tne
At the conclusion Of Judge Garvin's remarks Judge
Barnard charged the jury "a follows; .
NewYork Margaret Sheridan died. by being shot with
| pistol, loaded with powder and pail Inc COr9hers
Jury ON ngury into the Of her death, and who
performed the deed found that she killed by pistol
fired BY her Td the in his excuse through his
counsel to-day, gentlemen, has admitted and the prose-
cutiOn proved, the killing He charges that what
ever was done then was while he abOrng under
state OF insanity, and irresponsible for the conse-
Jane webb and by the daughter OF the prsoner-and
there testimony the part Of the defendant 70 as
proye that-t Is a Of murder for tho law defines
murder be the premeditated killing OF human being;
with the design 10 esSe datn @Ioo ad bv those two
witnesses true Are they sustained by each other, or
cent TO bring this case out OF the definition Of murdert
They testify that day two before, he called az INC
her i'm regard 10 some domestic difficulties and grievances
that they had had He then said showing aet Pst6S
made that remark that time and the remark was al
dressed to his wife, and that rS o %n ina
ease of murder IT, on the contrary, instead Of saying
doom L. sealed referring 10 the man alleged TO have m
ured him. then you viii say whether ms delehse =
up. 1t has been customary 10Y sone ys Ps
in America the United States for jurors IN capital cses
to look with forgyng eye and render Ua a
against the prisoner where the deceased either actually
suspcious had been engaged in acts OF adultery with
their wives or daughters. So much that 1t has
almost TO be looked upon as one Of the excuses hat the
ststutesI do not fnd In any law book that have ever
read-that it jusies man in killing another, even
and probably win again cay, >. that under
| temporarily, as 10 render him irresponsible for
what he does II the jury md that So no person has
o IL is not personal matter with the Court or Jury
There judicial triumph for the judge and no triumph
for Jury find him guilty or acquit him. You appear
here a. the representatives. OF the people and are sup
Evidence Brought before you Tsaid t had been Gus,
tomary juries TO md these verdcts, and in addition
have been read stating that juries have acquitted
| some distinguished here and elsewhere who have
with killing those charged with adultery. While the
law laid down in OF those may be correct
the law Laid down in others Is wrong We all have opin-
ions of our own; and my private opinion VIII make no
particular difference with you AZ the same time, If the
decisions OF ures in questions OF this kind are 70 pass as
precedent the Court matter OF course ought 10 say
far 1t is concerned in most Of those the
ties who have been acquitted ought to have been con-
victed and hung; and had the law been laid down as
understand satisfied that different result would
have been arrived at by some if not all those jures
Insanity in this case gentlemen, il it existed, If you
that time ii is his property, and entitled the
eft of it, and the law win not hold Inn responsible if he
his and deprive him. although but for moment,
OF his faculty and reason TO distinguish between hight
and wrong II when he went there he did not there
with the intention of killing her. made preparation TO
do that and not done in accordance with
vousy attended threats but he went there merely for
the purpose Of asking her to leave the life she was then
living and return again TO live with him. and while he
there in consequence Of any imaginary grievances
he thought he labOred under he temporarily became sud
denly insane so that he did not what he doing
| undoubtedly
have given the meaning OF murder in the first
degree. few years since the Legislature, in conse
quence Of unwngness the part OF juIies in many
find verdict Of guilty through conscientious
scruple or dislike or doubt about the evidence passed
! a law making murder in the second degree;
Murder in the second degree would be the khng OF
human being when perpe trated IN the commission 8t
felony. The Court Of Appeals recently decided that
where party has been trial for murder, although
the party was not engaged IN me Oh lfIony
at the moment and the jury found verdict u murder IN
fore n Won have any reasonable doubt arising from the
evidence, whether II is murder In the hrs degree, you
the testimony would warrant you in finding verdict OF
guilty OF murder in the second degree Hyou have any
doubt whether IL is murder in the first second degree,
then you will look and whether Il will come under
the definition OF mslaugher IN the thlrd degree, which
| might apply, probably, to this branch Of the
first or second degree II you mud that this person was
killed by the act procurement negligence Of the pris
oner, without any design whatever 10 effect deathhat
XIII her, but it was by accident~it would be man.
slaughter in the fourth degree. Those points, gentle
men, briefly comprise all that is my duty TO say To you;
but before leaving this with you, gentlemen, de
sire 10 say that while you should look AT with very
great care and caution and see mat TIE rights OF the
prisoner protected and guarded with jealous care,
and III you have any reasonable and rational doubt
arising from the evidence you will give him the benent
OF it, IL must be real doubt arising nom the evidence,
not mere imaginary possible suggestion IL must
be str nger than that and II you have that doubt,
and you give him the benefit Of IL, and he should
bc acquitted in consequence of insanity, you will say
your verdict II You should 10 the conclusion
that he insane you will ma IL in your verdict,
Acquitted on the ground OF Insanity" that the
Court order him he confined In the State Lunatio
Asylum But IT. ON the contrary you are satisfied no