The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-16

amou0cu i bnOulQ ODJcCt 10 tuo NCiuSs VA c"C
ground that the verdict which was rendered
namely, guilty OF manslaughter In the third de-
gree, with no mitigating circumstances atsend'ng
the commission OF the crime"-l say tnerc IL no
meaning 10 these words. They are repuEnans "a
themselves. Manslaughter In the third degree ls
merely legal definition OF q homicide OF certain
character which u.s. that 1t Is case with extenuat.
Ing circumstances, and which make 1t manslaugh-
ter instead OF murder, and there cannot DC any
such thing as granddaughter IN the thlrd degree
without extenuating circumstances. But wnen tney
go further and say without any extenpatng CIR.
cumstances TO justify tho crime, should IKE that
jury ~ come back TO us ana say by what coue OF
morality or law crime can be justified.
~ .cr,r THAT =. S new pocTE HH tn,s "a M
technicality. II Is an error In substance. we nave
the judicial opinion OF your Honor on that question
ponement OF the sentence In order to make this mo-
ton, your Honor declared, from your seat on the
bench that that addition 70 the verdict was
why that indulgence should not be granted. say,
therefore, that Is an adjud1cated question: that u Is
an error IN substance, and that II ID an error whcn
Court. Now, your Honor, l was about 10 submit
that II that verdict was the only verdict known 10
Inc. law unaer tnat ueeree OF nomlclue snOuau
have felt 1t my duty to submit to your Honor an
argument in favor or
LIGHT SENTENCE,
and should have asked 1t upon the ground that L
mad proved by several unimpeached witnesses that
the man who was slain had drawn a weapon and
was about to shoot the prisoner when he himself
shot, and that we had proved by respectable wit
ness that II was pistol and that 1t was drawn ana
that the act OF the prisoner was in answer and was
should have asked your Honor with entire coni-
dence, for have confidence in your integrity and
JUSTICE that this sentence might be the Hgntest
known to the law. Now, ask your Honor, with
what confidence can make the request, when II Is
already Judclally determined that this verdict In
substance has
INFLUENCED THE JUDICIAL MIND
against the prisoner and induced your Honor TO
hasten the sentence, and how can 1t be doubted
that 1t Will nave the effect to make that sentence
more sevcreY The proposition now before the Court
y TO pass sentence upon the prisoner, which we
nave every reason to apprehend will be founded en-
trely upon verdict void In law; ana an impr1son-
mcnt for one year. one month, one week. one day,
false imprisonment. l say, therefore, 1t Is TO
prevent
FALSE IMPRISONMENT.
illegal imprisonment, that make this motion, and
submit that 1t Is motion well founded In law, and
that 10 put upon grounds that cannot be answered.
CONSIDER the gravity Of this objection, and win NOT
pass upon 1t without an examination.
r,o G supsE GARDozo DENIES THE MOTION; ,n,.
upon this question which you have raised would
take 1t under consideration. But do not, with
requiring the slightest consideration Whatever the
jury appended 10 their verdict was merely surplus
age, and was designed by them to give to the Court
an expression OF their opinion. When the verdict
was returned In the court II was recorded In the
usual way by the Clerk, and without any objection
being made thereto by the counsel for the prisoner
1t was read to the Jury, and
TIRE JURY AsSENTED TO THAT VERDICT
ana upon being Po 60, each Juror atmed the
stances think 1t Is now my duty to pass sent nee
upon the prisoner.
COUNSEL STILL PERSISTS.
Mr.. Bartlett submit there was no agreement by
the Jury as a jury and II each individual subse-
quently changed his verdict individually | submit
that in every case where an amendment has been
recorded IN substance the Court has referred the
question back to the jury and requested them TO
agree upon 1t.
The Court-You will have the beneft OF the point
you take Mr. Bartlett think the verdict was per.
feet as returned by the jury ITO the oflicer)-Let
the prisoner be put to the bar
THE PRISONER QUESTIONED.
Dunn advanced and faced the bench.
Clerk-Have you ever learned any mechanical
trade?
Dunn (nrmly but respectfuly)-Yes sir
Clerk-What have you to say why judgment should
not be passed against your
THE PRISONERS SPEECH.
Dunn then, hestatingy and with slight tremol
In his voice, answered. have nothing to say; a
verdict has been given against me and suppose II
Is the duty OF the Judge to pass sentence. had moi
the slightest doubt that my life was in danger when
fired upon Logan. The jury has found me guilty
but my conscience acqu1ts me-
THE SENTENCE.
Judge Cardozo-The sentence OF the law In your
case Is that you be imprisoned In Sing Sing for the
term OF four years. have only 70 add that trust
the ordeal through which you have passed and the
punishment you have to endure Will serve as warn
ing against the reckless classes who are the habi
OF carrying firearms. q habit which has become 81
prevalent and TO which, In great measure, mucl
OF the crime perpetrated In this city s attributed.
The prisoner was then removed from the court.