The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16
anything improper In him. For the last two years
he met HIM occasionally In the street.
The defence rested their case.

anything improper in him. For the last two years
he met HIM occasionally IN the street.
The defence rested their case.
REBUrrING TESTIMONY.
Assistant District Attorney Fellows called Francis
O'Brlen.
Counsel conceded that ana tho witness. ieft the
Patrick Fleming, who knew Sullivan when he
lived at No. Greenwich street. said that MS cnal.
acter for peace ana quietness was not good; ne
was quarrelsome. and ON one occasion his mother
inaw came 70 the witness one s ngn ss 70 v ZONE up
ana prevent the prason s U A l1pa n''
The counsel then proceeded to sum up In behalf
OF sullivan, claiming that tho circumstances OF the
occurrence showed that the offence committed was
Colonel Fellows followed in an able and eloquent
argument, demonstrating that the testimony ad-
duced the trial clearly. established the crime OF
murder in the first degree. He urged the jury to
render compromise verdict, but to either let him
60 or promptly convict him Of murder
THR RECORDERS CHARGE
Recorder Hackett, In charging the Jury, said that
the prisoner was indicted for the murder OF Join
O'Bren, caused by the infection OF q stab wound
on The afternoon o. June i5 No question has
that me prisoner did actually stab the deceased
with knife In the abdomen, nor that the result OF
the siabblng caused his DEATH The case resolves
Itself into the simple question whether the killing OF
the deceased under the circumstances was the act
Of murder, as charged in The Indictment, or was it
al act Of manslanghter, or was 1t UNSUITABLE or ex
cusabief Murder IN the hrst degree Is the
Kns o. 6ssa human being oe wh the me pre- %
sign must be completely formed before the
act OF killing and must precede the act but no
particular Suace or time Is necessary 10 intervene
between the completion and conception Of its de-
Sign and It's execution. Now, gentlemen, 1t Will be-
come your duty to apply the law to the facts OF this
case In determining the question OF guilt or innO-
cence II the testimony which has been given ON
the part Of the prosecution be regarded by you as
substantially true, aud not disputed affected by
the evidence Tor the prisoner then 1t must lead you
rresistibly 10 the conclusion that the prisoner
miLtcd wanton murder. But it is pecu-
OF
TO ~ suca degree Of credibility as you may deem 1t
MIS- Honor then recapitulated the leading portions
OF Inc testimony and charged further that the de.
signed Killing OF another without provOcaton, and
muruer because the perpetratOr or the crime was in
u state Of passion; that passion was not madness;
anu mat tne accused must have sufficient mental
capacity 70 distinguish between right and wrong
before he could be convicted OF the crlme The Re-
corder IN conclusion said that for the fact that
the prisoner and Mrs. Sweeny testified that O'Brien
struck HIM he would have charged that 1t was
either q case Of murder or Of justfable homicide.
sructed the jury that every reasonable doubt should
be given TO the accused.
Mr. Boyd, the counsel for the prisoner, requested
his Honor TO rule upon certain points OF law, which
he did, and then the was given to the Jury lor
their final disposition.
THE VERDICT.
The jury did not leave their seats. and wthont
moments hesitation the foreman pronounced the
verdict Of Guilty OF murder IN the first degree,
as charged In the Indictment" This IL the first ln-
stance within the memory Of Mr. Vandevoorr, the
venerable clerk OF the court where q jury rendered
verdict In capital case without retiring to their
room. But there was no indecent haste in this in
stance Tor the facts proven by the prosecution were
80 overwhemlng as TO not leave the shadow OF
o doubt IN the mind OF any one who listened to
the trial as 70 the killing OF on rien being wanton
and deliberate murder.
JUDGMENT MOVED FOR.
Assistant District Attorney Fellows learning that
the Recorder intended 10 sentence the condemned
man at once, moved for Judgment.
The deputy clerk asked Sullivan il he had anything
" say why the
should not be pronounced against himY
SPEECH OF THE CONDEMNED.
Sullivan responded as follows:--..I have every-
the Court Of Oyer ana Terner d DON'T MT w spes To
take any advantage OF the law In the world. did
not want to do anything to OBren contrary to what
spite O'Brlen knocked Inc down and struck me two
strokes on the cheek. II l can be found guilty OF
murder In the first degree there is no law IN the
SENTENCED TO BE HANGED ON THE 10Th OF JANU.
AIRY NEXT.
The Recorder, in passing sentence, sald:-"Su
ivan, o more wanton and brutal murder has never
passed under my observation after thirty years. ex
perence In matters Of this kind. You have been
most righteously convicted, Tne closing dutv nj
this court is to direct that You shall be taken hence
to The CITY Prison, from whence you came, and on
the 10Th OF January friday, between the hours OF
ten ana two you be hung by the neck until you arc
Tne prisoner took his seat ana muttered some.
thing which was inaudible
SCENE In COURT BEFORE THE REMOVAL OF THE
PRISONER.
Some minutes elapsed before the clerk could pre-
pare the death warrant during which time the
spectators ana the ministers OF justice maintained
profound silence, all feeling that the angel OF death
was lowering around them. messenger was de.
spaicned for the sheriff. into whose custody Sullivan
was TO be specially transferred, anu whose duty it
Will be 10 see that the sentence OF the law be exc
cuted at the time designated by the Court deputy
sheriff arrived in few moments and the last scene
was enacted, SO far as this court is concerned, by
the clerk, who read the warrant and delivered the
condemned man into his custody. He was strongly
manacied and conveyed to the TOmbs follower nv
an excited crowd, who while not making any de-
m0nstrationS OF vengeance. showed IN their counte-
nances that they believed the verdict to be right.
eOus one.