The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-28
FOUR YEARS m SING SING.
Summing Up Of the Jackson Case and tho Rs-
cordsr's Charge Counsel Attempts to Con-
done for the Indignity to the Court
Waiting for the Verdict" jackson
Found Guilty Of Manslaughter
in the Third Degree

The court room ~ The General Sessions WAS
crowded yesterday by parties interested the fate
OF Thomas Jackson VINO was being tried for killing
Archibald Douglas In the First ward. IL win be
membered that all the evidence was taken
Wednesday.
Al the opening OF the coNrt the senior counsel
proceeded 70 sum up the case FOR the accused. He
discussed at great length the law defining murder
and the various grades OF homicide, and then pro-
ceeded to review the salient points oil the testimony
claiming that jackson was not guilty or wiuu
murder.
Upon the reassem,ung 81 the court District Att0r-
ney GarSin proceeded 10 address the Jury IN behalf
OF the people lie commenced by abiding TO the
important question presented for their determine
tion, remarking that these occasions the sympa-
thics OF jurors ana spectators were with the living
man, forgetting that there was another man who
lived In health ana strength whose lie ought
not 10 be ,asen away without just cause
lie dne District Attorney was not there ~
hang the prisoner. but simply as minister OF ms
tce, in order, II possible to aid the jury IN coming
10 4 righteous conclusion regarding the fa.e Of
the prisoner ~ the bar. He would not do Jackson
injustice for his right or FOR ms life. The
accused was an officer OF the General Sessions
M the time oi the occurrence and had often heard
his Honor tue kecorierwbo adorned tue position
which he occupied pass Judgment upon convicted
ielons, ana was therefore preemlneny fitted, above
every other man nrraigned FOR an offence, 10 under
stand what were MS rights ana duties. The Dis
rlc Attorney then proceeded 10 show from the ties.
tiuony Of most OF the witnesses and from the pr
soners own statement that Jackson deliberately
Mr.. Garyin conienued That every man OF common
SENSE knew that ihis was not a case OF Unsuitable
with almost Irresistible logic, force and eioluence
tnat tue evidence wound not warrant me Jury III
reducing the crime 10 inansauJhter. AZ the close
OF the District Attorneys address the Recorder
charged the jury as foilows:
cTNrLrsss or TuE JCay-rhis trial abou, to De
Indicted or shooting Archibald Doass on The ssh a
hi asb s Tnssr s ND s o h. SsT So
evidence 10 your minds Justify T. be convicted Of either o
asae or exeasabe hoyasds Murder N she ne Az s.l r q
nave application 10 this particular case
killing OF human beng when not lustinabo or
and perpet a'ed with premeiIta,ei design 10 enecs
sar b 80. II n m mus. os & fSrmeo
particular OF time is necessary intervene between
n,,rsr y, he frs esree mi f M osenca ~
OF murder winch not included n the ~
oi unjustiaable and onlswfni ana iaereusaole kla.
syons % intent dssa aroS s BY No
but not ~ thai degree Of enornity, wifuness
murder in the inst decree ana 10 the seeopa degree ia ra
very clearly defined 10 statute and s3meihag left
the sound and intelligent usnent o. the jury 10 hAin The
applicable the facts Of this Perhaps anslaueh-
ter n the second a sre though 9ss as,ss c q e s
heat Of passion but in cruel and unusual manner might
IN @ hra asses the o0 same
S 81 ssp Me.po ss q e. ns ana ms
ner, present that aspect o. the offence % YOU a beer
degree AFTER reading the definition q eAcusabis
Or iaslsbls homicide h,s Honor continued :gery ohs-
bic negligence q another where not usinabe nor
msnsaSs,s ii hs fourth sssss The feature winch par
cuarv distinguishes laughter from murder il the AZ
OF
,h. psseA s case ySS Seeye the
legal Qualification or excuse, and with premcotate
70 so s dsai h no s 81 % s II ss s
Of premed i Win winch was psrpera,ed u dons
and with danEerone weapon then he ~ guilty OF
n M y NE ds5ss se e r ese 70 70, es
mony shall justify II Ind the accused guilty Of
tide siven 70 YOU you believe The facts 10 justly such
cuson aequt The prisoner on the ground thar The oiede
Was either Justihaslr or cAcus3OIe
The Recorder then stated the respective theories
~ the prosecution ana Tie defence, ana read tie
testimony given by Thomas Jackson IA ereas0 from
the notes OF the official stenographer. Iils Honor
TOOK mp the question OF scdelence and quoted tue
OF the People vs.. shorter for the guidance of the
jury The several requests OF counsel charged
with one or TWO slight notifications. and the case
was given TO the jury nc quarter to four IN The
afternoon.
As the jury retired 10 their room the senior
counsel rose and nieavored to atone Tor The nnpa-
donable and wanton attack made upon the in eg
riy oi Recorder Hacket on the first day The trial
by atfribuilnR TO HIM In honeyel words tic highest
utETee OF magndnmity aud fairness IN his charge
To the jury lie took an exception 10 the Recorders
ms rtctons respecting murder in the seconl
degree.
The spectators fingered In ana around the court
room while the jury were celebrating upon Their
verdict, and the most intense Interest was mani
tested by the friends OF the PRISONER as Ia what
would be the result. Some affirmed thal the Re-
CUrder was so magnanlmous In charging all Gu.
points oil the prisoners counsel that the Jury would
disagree, while Others feared that ls telling though
brie speech OF Juuge Garyin would Tie the Iaal
moose around JacksOn's neck.
After being absent one hour the jury came INTO
court and rendered a verdict OF guilty of man
slaughter IN the third degree. The prisoner VIII
be sentenced next term. The highest penalty that
can be Imposed for this grade OF homicide l. in,-
prlsOnment In the state Prison for four years.
jackson seemed To be perfectly satisfied with th.
verdict for he cordially thanked Mr.. KNITTING ms
counsel, for his efforts.