The New York herald., 1870-07-08
THE SHERIDAN WIFE MURDER.
The Snmmisg Up and Impressive Charge Of
Judge Barnard TO the Jury.
1he Prisoner Found Guilty and
Sentenced to be Hanged.

The Sheridan murder trial was yesterday resumed
and concluded TO the bitter end The court rooni
was dcnsely crowded, and deep interest was deeict
cd on the faces OF al The general feeling may not
centre on the actors In the drama itsNlf. but the
many points OF similarity which Il presents TO cele
brated case, still fresh In the minds OF the commn
nifty, gave to the case an additional interest alto
yether independent OF its own immediate surround
ings The prosecution proved murder had been CON-
nitted by Thomas Sheridan, and that previous TO the
murder he had threatened MS victim. The fact OF the
killing was admitted by the defence, but the threats
were denied but the only evidence in disproof was
the statement OF the murderer himself The defence
was as ably presented and conducted as was pos
siblc under the naked circumstances OF the case.
SUMMING UP OF COUNSEL.
Mr.. Edwin James made very able address 10 the
jury In his summing up, considering the very slight
material he had to work with. He appealed very
feelingly TO the jury for that recognition
Of and sympathy In the deep wrong ana
sense OF hosor which had actuatei his unfortunate
client in the shootingan act WHICH, frenZed as he
must have been, he could not and ought not 10 be
held responsible for In closing he said he left the
fate OF his client In the hands OF the jury and The
Judge Garvin summed up for the prosecution In
his usual able, analytical, yet mercirui manner,
nothing exaggerating or setting down aught in
malice.
JUDGE BkRNARD'S CHARGE
The Court then proceeded 10 charge the Jury,
stating briefly the admitted facts and the verdict of
the Coroner's jury. The prisoner, in his excuse,
stated that what was done was done while he was
An state OF insanity. Ii they believed Jane WEBB
and the prisoners daughter-and there was no
evidence 10 contradict them directly-it was muir
der In the nrsi degree They testified that he said
q day or two before TO her, "Your doom Is seaed.v
Nthat was true and the subsequent act was done in
carrying out that threat, II was murder. If 1t
a. stated by the prisoner then there was doubt
TO the nature OF the act IL has been customary,
United States for jurors la capital cases To look with
q forgving eye and render verdict Of acqulttal
charged against the prisoner where the de.
ceased either actually or snspclonsly had
@ wives or Ssugnters. y So much so that @n it n has
come almost to DC looked upon as one OF the ex-
cuses that the law recognizes although do not find
book that have ever read-that 1t Justines man
In killing another II he should detect him In the act
and PROBABLY wll again say, that under these CIR
cumstances man may be 80 bereft OF his reason
temporarily 10 render him Irresponsible for
has any right 10 md fault with their verdict except
me pop S not "a pnssa matter Win The
Judge and no triumph for a jury TO find him guilty
or acqut him. You appear here as the representa-
one, and to decide according to the evidence before
you. said 1t had been customary FOR jurles
some cases were referred TO and some cases
nave been read stating that juries have acquitted
been charged, and more recently in this court
room, with killing those charged with adultery;
may be correct, the law laid down n,
Others is wrong. We all have opinions
Of our own, and my private opinion win make no
particular difference with you At the same time,
II the decisions OF jnries in questions OF this Kind
arc to pass as precedent the Court, as matter OF
course, ought To say, as Ear as IL Is concerned, IN
most OF those cases the parties who have been ac-
quilted should have been convicted and hung and
had the law been laid down as / understand IL am
would
r1ved at by some not all those jures. Insanity in
naSe sns ass5 Wsaevsr 4 s, ssEe yOS
Insane at that time, it Is his property and
ne is entitled TO the benefit OF 1t, and the
law will not hold hun responsible, II he Is laboring
ander such state OF mind TO take away his senses
and deprive him, although but for moment. OF his
faculty and reason TO distinguish between right and
wrOnQ-n when he went there he did not go there
with tile intention OF killing her, made prepara.
with any previously uttered threats, bat he went
there merely for the purpose or asking her 10 leave
the fe he charged M she was then living, and retarn
sequence OF any imaginary grievance he thought he
laboled under, he temporarily became suddenly In.
sane, so that he did not know what he was doing,
the law would undoubtedly hold him irresponsible.
have given yOu the meaning OF murder In the first
degree. lew years since the Legislature In conse-
quence OF an unwingness on the part of juries in
many cases TO find verdict or guilty, through q
conscientious scruple or dislike or doubt about the
evidence, passed q law making murder in the
second degree. Murder In the second degree
would be the killing OF a human being when
perpetrated In the commission or felony. The
Court OF Appeals recently decided chat when party
has been on trial for murder, although the party
the moment. and the jury found verdict OF mur-
der IN the second degree, that that verdict was
doubt arising from the evidence whether it is mur-
der IN the first degree, you will give him the
mony would warrant you IN hnding ver-
dict OF guilty OF murder In the second de-
gree. II you have any doubt whether it is
murder IN the first or second degree then you viii
look and see whether it will come under the den
ton OF manslaughter In the third degree, which
might apply probably to this branch OF the case il
the evidence would not make out murder IN either
the first or second degree. II You find that this per-
son was killed by the act. procurement or neg-
gence OF the prisoner without any design whatever
10 effect deatn-that is, he dld not know what he
accdent-it would be mansaughter Ia the fourth
degree. These points, gentlemen, briefly comprise
all that 1t is my duty to say to you Dut before leaving
this case with you, genuemen, desire TO say that
while You should look at IL with very great care
and caution, and see that the rights OF the prisoner
you have any reasonable and rational doubt arising
from the evidence you VIII give him The
from the evidence. not mere imaginary or
possible suggestion. II must be stronger than that
and II You have that doubt, and you give him the
benefit OF II, and he should be acquitted In conse.
qnencc OF insanity, You VIII say so In your ver-
dict IL you should come TO the conclusion he was
Insane you VIII find II in your verdict acquitted
the ground of insanity so that the court can or
der MIN 10 be confined 10 The state Lunatlc Asylum.
But II, on the contrary you are satisfied he mas |
committed this muraer although this NAV be a |
case OF hardship, it Is your duty citizens lind
80. You have nothing TO DO with the eniofcement--
that is mine. The plain duty devolves singly |
"a take that on me--tnat Is, the Imposition OF sen
tence and liking the time when 1t shat go into effect
AZ remarked before, gentlemen. nothing Is asked |
at your hands except justice, both for The unfoTtu
nate person who Is dead, the community and the un-
fortunate person who Is Oh tf1al.
The jury then retired, and after about hour and
quarters absence into court, and, on being |
asked their VERDICT gave II
'GCIITY."
The jury was polled, aud when 1t came TO the |
eRntl man DC SAID the foreman had omitted TO say
they
RECOMMENDED him STRONGLY TO MERCY.
THIS was added 10 the verdict.
TBe prisoners counsel being absent. further pro- |
ceedngs we're suspended TIL his return.
shortly before three O'Clock Mr. James appeared |
and the District Attorney asked for sentence.
counsel Tor the prisoner asked that Judgment be |
deIerred VII they conld prepare for review OF the
verdict.
Justice Barnard said that Il would not make any |