New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-10-28
THE COURTS.
THE JACKSON MURDER TRIAL.
SUMMING Up OF DIR. GRAHAM AND DJsTpr
AIrApNEX A

SUMMING Up OF DIR. GRAHAM AND DISTRICT.
ATTORNEY GARyIN-CHARGE or RECORDER
HACKETT-THE vEEDICT.
The case of The People agt. Thomas Jack
son concluded yesterday the jury bringing In yer
diet OF mansaugher in the third degree At II O'Clock
Mr.. Graham commenced his summing no for the dcfens.
in the Of which he said there were four con-
sderatiOns for the jury: First how the meeting oc
cured second the previous relations Of the deceased
and prisoner third, why the pi soner carried pistol
fourth, whether Jackson acted through malice or pa.
sion. Bearing those things in mind there end Of
the question OF murder. He reviewed Mr.. Anertson'.
testimony, claiming that lie meant 10 tell hone,ty what
he BY his testimony the whole transaction wa.
while he was walking 125 feet This showed
how instantaneous the thing was. He dsproye.
the story OF Jackson again striking Cody. Az for
wall he didn't believe he was there, and he didn't be-
heye the jury believed IL. Rey's testimony self
contradicted and told different stories to the Coroner
and here He was the one the honest Oysterman tes-
most been a murderer lie left Douglass and Riley In
contend together while he went round 70 his back do
some such thing he had done tO Martndae Tie pris
oner had NOT sought 10 escape but had gwen himself up
at once. At the conclusion OF Mr. Grahams address
recess Of bali an hour taken ana then DstriciAf
toiney GarVln summed ny for the prosecution reviewing
the testimony and claiming that Jackson in dan
ger OF ms life when he went into the barroon; that his
deadly intent clearly proven by hs endeayors b.
catch Douglass by following him from door 30 door until
finally he shot Douglass in the back Of the head showing
tat Instead OF the prisoners trying 10 escape from the
deceased, the contrary the case.
Recorder Hackett In his charge 10 the ury, explained
the various degrees OF murder and InansLugher and
saying that the under either the two degree,
or murder or the third fourth degree ~ inanslanger
or the prisoner might be acquitted the ground ~ jus
tnabe homicide. The particular distinction between
murder and manslaughtcr the absence OF design
Intention To he murder, there must be design proved
The theories of the prosecution and OF the defence
then set forth after which his Honor read the evidence
OF Jackson, the prisoner stating its close that while
IL put the very best face upon the matter must he
credited according Ia the other testimony Upon the
ton Of sedcfense which raised IN eXtenuatiOn nj
the crime he read the opinion Of the Court Oi Appeals
in the shorter at 49, where Judge Bronson held
that where man had reasonable ground Tor upposng nj
life danger he may safely act appearances and
kill his asSailant. The killing viii then Uc Justhabe Al
though IL should turn out that there was no particular
danger In this there had been difficulty on the
sidewalk. The matter had terminated. and period of
time had elapsed between that ana tie shooting Til,
OF time it exceedingly dhcult 10 ascertain
and perhaps the counsel for the accused right Is
IL down the shortest limit, Tor TIE accused
should have every reasonable chance for his LIE.
Now 1t is shown that Jackson drew ms pistol as ne en-
tered the door. The question IL, Why did ne draw II
after the fight had ceased and why did he raise when
Douglas was going from hmi Was he justified In point
ing II at Douglas! Did be intend 70 XII hun from the
fact that only three four feet interviewed b"tHe'n
them Jackson arms Of any kind IN the hr-
room When a man is struck with the naked hama ne
has no right to "A weapon in return Nor must bc
pursue adversary with fatal weapons. The Recorder
concluded by charging the proportions subnttedoy Mr.
Graham.
MR.. GRAHAM COMPLIMENTS RECORDER HAcKErr.
Mr. Graham then rose aud said that he wished to say
in behalf OF himself and his associate that he had re-
ccived from the Court the highest degree OF magnanm
and rmness. The charge spoke for ITSELF ana needed
no tribute from him. Yet nom what occurred on the
the trial, when was called Tor nom
Gums the case, he desired 70 pay TO the Count
THE VERDICT.
The Jury then retired and after absence OF aoont an
hour returned with verdict Of manslaughtcr in Tia
third degree. The Recorder deferred sentence.