Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-03-19

TRIAL OF ALERT NICHOLAS FOR MURDER.


Verdict Of "Gsilty, as Indicted"
CRIMINAL COURT, Judge Oiis--This morn
ing, the trial of Albert Nicholas, coored, for the
murder of his wife LUCINDA Nicholas) and her
mother, in September last, was resumed.
The arguments in the case having been con-
cluded yesterday, Judge DIN charged the jury
this morning, first calling their attention to the
responsibility resting on them The crime
charged is murder, for which the punishment is
death: but with the wisdom of the provision of
the law which makes death the penalty, neither
he nor they had thing to do, and they should
lind according to the Law and evidence; and III
they returnd q verdict Of guilty, 1t was mis- duty
to pass the sentence required by law. 1t was for
the jury to ind what the evidence proved. He
then at some length defined the meaning of the
term murder; nance aiorethought being re-
malice aforethought was one week or one min
ute before the act 1t was not denied that the
wounds which caused death were inflicted
by the accused. The defence is that the
accused had not q high degree of mind.
was imbecile; and on this he would saw thai
the law did not take notice of imbe-
e stnng,n, e os IN measuring the under
ne know that he was doing wrong? IL he did,
he is responsible. There Is another view by the
defense, which is that this man eight or ten
years ago was attacked by epilepsy, and an
attempt has been made to show that such an
attack might not only impair the mind, but
create mania for making such murderous
assault as was made by the accused. He believed
that epileptic attacks have affected minds, but
did not believe that they affected minds as far
was claimed. The testimony tends to show, in
his Judgment, that this man was naturally OF a
weak intellect. Was there any testimony tend
ing To show that he was 30 idotic that he did not
know right from wrong? The Court then re-
viewed the evidence as to the accused having
been drinking, saying that il was not an excuse,
hut on the other hand the party in get
tng drunk committed an offense. He next
referred to the statement OF the prisoner
that if he had not killed them they
would have killed him; to the theories that the
mother-in-law having interfered, engendered
the feelings which prompted the commission of
the act, and to the atrociousness of the act,
tending to show that the perpetrator could not
have been of sound mind. He could not see
that such was the case. 1t was claimed that he
did not take the ordinary precautions to escape,
and they should consider such claim i'm cOnnec-
ton with the circumstances. These would show
what he was doing, and how far he was respon-
sibe. Does the testimony of washing the brick
and hiding the knife show that he had not the
capacity to know what he was doing? He re-
ferred TO the counsel having quoted from a work
on medical Jurisprudence to show that persons
had been convicted when they were insane, and
remarked that such was the case, but that while
some few have been wrongfully punished and
executed, many had cheated the gallows by such
plea.
He read the prayers for instructions, published
IN 1hursdays STAR. On the fourth prayer,
offered by the defence, he said that the law re-
gsrded all persons as sane and 1t was for the
defence to prove the insanity, and he therefore
MIR. Miller asked leave to amend the PRAYER
SO as to read reasonable doubt" and the Court
syerruled this.
-. .....,uslon the Court held the law to be
that, if the jury believe the accused caused the
death Of the party they should find a verdict OF
guilty unless they shall find that he was incapa-
disease or idiocy.
jury further that II they believed that the ac-
cused, man OF weak mind, committed the Act
In self defense they should find for the prisoner.
The Court overruled this prayer.
Mr.. Miller asked whether In such A case il
would be murder or manslaughter?
The Court said that there was no granddaughter
in the case; 1t was either murder or nothing
The defence excepted.
The jury at u:4O retired to make up their
verdict.
THE Court room was densely crowded this
morning, and among the mass inside the bar
were few iadies.l
VERDICT OF GUILTY.
At fifteen minutes past twelve the jury re-
turned into their box with verdict. The clerk
MT. M1ddletonl called the jury, and asked,
-" Gentlemen Of the jury, have you agreed upon
a verdict?'
Mr.. Lewis, (foreman.ewe have.
Mr.. hiddletOn-PrisOner at the bar, stand
prisoner guilty or not guilty?
Mr.. Lewis--Guilty, as indicted.
The prisoner, on rising, seemed to be weak,
and when the verdict was announced tremor
passed over him, but in a few minutes after
resuming his seat he bore himself as previously,
looking wildly about the room, blu, 1t was not
the irons were placed on him preparatory to b.
ley, he seemed to be taken with a weakness in
the knees, and arose from his chair with diff
Ecultv.
Immediately before the accused was led from
the court room a member of the bar asked him
how he felt, and he replied, ave got a dizzi-
ness in my head" and on his way to the jaiI he
asked what had been done. On arriving at the
Jail he became somewhat detected, but when
some Of the guards informed him that he would
likely have new trial, as his counsel had take
exceptions, his spirits rose rapidly. There was
much feeling among the colored persons present
the women, some of whom murmurcd their
threats against the accused, and il is thought BY
some that had the verdict been one of acquittai
tnere would have been some trouble in getting
1.-THE jury in this case, together with their two
bailifis, sat for their Licensees this morning at
ing body Of men. and made good pictured
COURT IN GENERAL TRRx.-Ths morning,
the following business was transacted French
agt Hay; appeal dismissed. Webb, trustee, agt.
sharp; submitted. Z. f. Stansbury and John
B. Tyler were admitted to the bar.
URrHANs' Court, Judge Psvceu.-To-day, the
will Of the late Osborn Acton was fully proven
and admitted to probate. The will Of the late
Elizabeth McKfve was admitted to probate,
and letters Documentary were issued to X. p.
woRKINGMKN IN CoUNCIL-Nechaaics' Stat,
Council Of Maryland and the District of Cofas.-
Classification of OTcers--The EiQht-hour Ldu &c
This representative body of mechanics met last
evening, r. Corcoran in the chair, and j. D.
Bontz secretary. The associations represented
were Carpenters. Bricklayers, Plasterers, Print
ers, Cigar Makers, Tailsrs, Union No. 1 Stone
cutters, and Plumbers and Gasftters.
The Council proceeded to An election of off,
GERS, when the following were chosen p Cor
coran, Stonecutters' Association of Washington
President; Charles w. Grimes, CarpentersS AS
ISOLATION, First Vice President; James Morrow
Plasterers Association, Second Vice President;
Joseph q. Lash, Cigarmakers' Union. Record
ing Secretary; +. MacMurray, Printers Union
Cone ponding Secretary; j. d. Bontz, Brick.
layers' Association, Treasurer; II. G.. James
House Carpenters Association, First Conduc.
tor; Wallace Birch, Plumbers and Gasftters
association, Second Conductor; Francis Blair
Plumbers and Gasftters' Association, Sergea MT
alarms.
The officers elect were then duly installed by
General A. N. Winn, of the Mechanics' state
Council Of California; Daniel w. FIvnn. of fine
Printers Union, acting as conductor for the oc-
casion. =
The amendment to the eight hour law. "a pre-
sehted to Congress by the National Fight Hour
Executive Committee, was discussed by A. r.
Jaws and ID. W. Flynn, from the Printers
Shion, and members from other trades. During
tne discussion Is was stated that New York New
Jersey; pennsylvania, New Hampshire Yer
us T, Deiaware, Massachusetts, and nearly ali
81. ZIG A.lantlS and Western States are organ