The New York herald., 1870-12-10
THE CooNEY- -o'DAY MURDER CASE.

THE CO0NEY-0DAY HUEDEh CASE.
me case OF the People Vs. George Nelson,
charged with the murder OF his wife on the 3oth
day of June last and which occupied the attention
of Jndpe Bedford in the Court OF General Sessions
the Jury empaneled 10 try the case, and OF tho
able counsel employed to prosecute and defend
the prisoner the whole OF Thursday, was brought
TO q close yesterday morning. Nelson. after an ex-
haustiye trial. and most impressive and feeling
charge from Judge Bedford, was convicted or man.
slaughter In the third degree, and sentenced TO four
wears in the state Prison. The following is
JUDGE BEDFoRD's CHARGE TO THE JURY.
GKNT BNgs OF Tue JURY-The prisoner at the
bar George Nelson, stands indicted Ior the hgh
crime OF murder. Ihe denhition is oi murder is tne
killing Of human being, Win premedisafed
design to take nle ana under circumstances not
Unsuitable. The facts OF TINS case @ Wacn was com
MED your attention TIL late hour III the evening,
present us with the following SAD and melan.
choly picture OF tue dark side of human
nle A man is placed trial Tor murder. Hts
alleged victim is his own Wife, and an important wit
mess to establish that mans guilt Is his only child,
nratng little girl scarcely twelve years OF age Most
fortunately for her. she was too young TO realize
fully the fearful position IN which stern necessity
for the moment had placed her. She In the inno-
cence OF her childish heart gave her testimony
and IL is You 10 give TO that testimony its proper
welght-nothing more, nor nothing less She tells
us hat on the night of the goth OF June, her mother
was well and at ner peanut stand IN the street, that
That her mother listened for a few moments, then
raised broom to her father, and he a stick TO the
mother, aud then woman came between them.
st home that evening, but the next morning, at
half-past SIX, she went TO her parents bedroom.
She there found her mother and father alone the
room the former lying on the bed her eyes closed.
unable 10 speak or to move, black aronnd
the neck and on her throat the sign OF finger
marks; the latter the prisoner at the bari was not
drunk ana was on the lounge, that he said some
thing TO her which she did not understand and then
fatuu min lqff rno np
Drosses street. Her mother was taken TO Bellvue
Hospital. and on the Atm OF July, four Gays alter
wards, died. Hannah Crosby, the next Witness
says that she lives the same noor rs did the pr
soner and deceased. That on the night IN question
she saw the prisoner ABOUT nine O'Clock very drunk;
that about ten o'block deceased came In and sat on
the sofa, and the prisoner lay on the door with q
pillow under mis- head That she heard the deceased
scream out and say:-"See what he is doing to me.r
Fifteen minutes alter this witness testihes, that the
door was locked, and then all was quiet and nothing
more was heard. The next morning she saw the
deceased in her bed and her lace was
swelled. These substantially are the material facts
sworn TO in behalf Of the people, and on which the
District Attorney claims a convection or murder In
the 1rst degree. Upon this evidence The following
questions naturally ARSE
Frst-Dld the prisoner at the bar, on the night in
question: lay violent hands on the deceased, causing
her severe inJuriesY
Sec0nd-If he did, did ne 90 SO WITH q preIne-
dItated design to take lIeS
Taird-Were The injuries thus inflicted the direct
cause Of death, or did the injuries thus innicted
hasten or accelerate deathf
II you ind these three questions In the Affirmative,
or, In other words, n you hLd that the prisoner at
the bar did lay violent hands upon his wife, nnct-
Ing upon her severe injuries, with a premedltated
design take life, and under circumstances not
authorized by law and that she died from enects OF
said injuries, or that the said injuries hastened
death = then l charge you, as matter or
law, the prisoner at the bar is guilty OF murder In
the first degree. II you ind that the prisoner,
with premedated design TO take life, inflicted
severe injuries upon the deceased, and that death
the injuries were the direct cause Of death or
whether they merely accelerated death; for the law
having such high regard Tor the sancty or life.
neclar es that he who removes the pillow from be-
meath the head Of the dying man with premedi-
fated design TO take lie, and by so dong hastens
but for a single instant death, is az much a mur-
derer he who with intent 10 XIII punges the knife
deep into the heart OF his unsuspecung victim. Ii
you nnd the evidence that the prisoner ut the bar
old nict the injuries causing or acceleratng death,
but without premedtated design to take life, and
In the heat OF passion and under crcum-
stances not Iustfable, tnen charge you, as matter
Of law, he IL gnllty OF mansau2hter in the third
degree. In behalf or the prisoner good character is
offered aud hi counsel claims that deceased died
from the excessive use OF drink IL Is Tor you twelve
men 10 say whether there is any evidence in this
case justfying that assertion. The prisoner himself
is placed upon the stand. and substantially says
that the 2sth OF June he had been drinking; that
he went home and lay down on the loor; that de-
ceased came in and had been drinking also that
she made considerable noise and that he trying
20 Keep ner quiet 81 did not says The & prisoner
why she SAID. see what he s doing 10 me- /"
he admits she had some black on ber
testified that he was at his peanut stand
every day But on the Both OF June, he says ~ was
not at the stand, because did not fee well and /
got a cup of coffee at the market; then went to a
hotel, got drinking, and then went to Hoboken,
don't know why or now, ana was there arrested.'
III you believe the prisoners testimony then, gentle
men of the Jury you must acquit Tor he is not
guilty Of the alleged homicide; or II you have any
reasonable wel-lounded doubt arising upon the
evidence as regards mis- guilt, 1t is his property
and you must acquit The prisoner has proved
good character, and charge you mat II is
Tor you twelve men considering the testi.
mony In this case 10 say what weight you will
give It. Much has been said by counsel as re-
CARDS ntoxcation. The evidence shows that the
prisoner on the night III question was under
the influence OF liquor, and here, | charge
you, as matter OF law that voluntary in-
toxlcation furnishes no excuse immunity from
crime, and long as the offender ls capable or con
ceiying design ne viii be presumed in the absence
sequences of his own acts; ana that1f without pro-
vocation, he commits homicide while in a state OF
voluntary ntoxicaton, although amounting tC
frensy, ne is as regards the great question Of in
tent Just responsible as II he were sober. IL is
also IN evidence that the deceased was woman
addicted to drink. And even II she were the poor
fallen, degraded and drunken wretch pictured tC
you by the prisoners counsel stu IN the eye OF the
the law throws its broad mantle OF protection over
all, and declares, in emphatic language, that If,
without authority OF law, the life or human
being be taken, though he or she be the vilest
creature that crawls Gods universe, II Is as
much murder as willully to take the life
OF the greatest beneiactor OF the human race. Cen
tiemen, now leave the case IN your hands. 1t re-
mains for you to render your verdict. Let the cor.
ner stone or that verdict be truth and then mat
ter what may be the consequences, you will have
nothing TO regret, for you Will have discharged your
duty to the prisoner, the state ana your own CON
sciences.
THE VERDICT
The Jury retired 10 Their room, seemingly much
Gected by the charge OF his Honor, where thev re-
maned almost an hour in deIberation and, on re-
turning their seats the foreman returned the YER
dict arrived at-manslaughter IN the third degree.
SENTENCE.
Judge Bedford, in sentencing the unfortunate pris
oner said:-There are no mitigating circumstance
ia your case concur In the verdict and think yoi
deserve the full penaty--four years IN the stat
Prison, and 1 sincerely hope that your fate ma
prove as a warning 10 The many brutal husbands y
this CITY who so cruelty abuse their wives.