The New York herald., 1871-05-26
THE AVENUE A HOMICIDE.
Conclusion Of the Trial Of William ,AcNeyins,
Charged With Killing Edwarl 4 Hines.
CHARGE OF JUDGE BEDFORD.
Verdict of Guilty of Murder In the
First Degree.

the uial of wnalam McNevins indicted for the
murder Of Edward Hines by shooting him with a
pistol on the 27th OF November, which was CON-
menced in the General Sessions, before Judge Bed
Iord on Monday. was brought to q close yesterday.
The court room was crowded by interested listen
ers 70 the summing up OF counsel, which occupied
swo hours. Mr.. Howe contended that the evidence
showed the accused to be peacea le and quiet and
shat he fired the shot In the protection OF his life.
Assistant District Attorney Sullivan in his argument
forcibly pointed out the glaring Contradictions in
the testimony Of the witnesses for the defence,
and maintained tnat the killing was unjustidable.
THE CHARGE.
Judge Bedford charged the jury as folows:-
GENTLEMEN OF THE JURY-William McNevins. the
prisoner at the bar, stands indicted for the crime
Of MURDER alleged to have been committed on the
morning Of sne 2etn Or November last on being
manner and without Justification, q revolver at
Edward Hines, causing his death. ,.Ixs. me tes,
to this melancholy AFFAIR Is conflicting, I
may say irreconcllable. 1t WILL therefore, be-
we wei the evidence. ever bearing in mind that your
sole object truth and the vlndcaton OF the law.
Hines, the brother OF the deceased. He tells US
that on the night IN question he together with the
tine Shd ere ne @ s
party to drink; they drank. After 80 doing, the
prisoner went 10 the centre Of M the noor and said
Then the deceased treated and wanted 70
accompany HIM. The witness however, resisted,
placed his back up against the shutters. rhe de-
coat, and While the deceased was thus holding the
witness the prisoner came up and struck deceased.
Deceased turned around short. the prisoner then
Immediately exclaimed, Jimmy. am shot - the
prisoner then said, MI Jimmy, stand do back; have have
the second shot taxing effect In the thigh the
prisoner then turned and ran. On ross-exaDina-
Coroner that the prisoner said he had 1t In for the
deceased" and also admits saying before the Coro-
% BE ana naS % know kne ee1sr Ur n %sa
you win remember he swore positively be-
fore you tnat a. the time su e
in his hand, which the deceased took from him,
and also tells you that the knife was open but dees
called and substantially corroborates the previous
witness as regards the facts testified to before you
police. He tells us that at about quarter past one
O'Clock he heard an alarm rap; be ran to the corner;
better hurry they are shooting nel out o some one
IN sixteenth street" The prisoner then passed on
and jumped into the basement Of lager beer saloon
On seeing him said, -. II want YOU The prisoner
had been some one shot In Sixteenth street." The
prisoner said, '.YOu must be mistaken; came down
got up he was taken to the station house. searched
and nothing found on him. These are substantially
the material facts offered In behalf OF the prosecution
THE PRISONERS ADMISSION AND GROUNDS OF JUs.
rFICArION.
The prisoner admits that he committed the homt-
oiae, but claims ut your hands al acquitta upon
the ground that he was justified and that the killing
was done IN selfdefcnce In his testimony he tells
rs thai alter drinking once in Feary's liquor store
with deceased. James Hynes and Others he went
into the back room, followed by James, who had an
shoulder and then asked him why he would not
drink second time. The prisoner said ne DID not
ceased and said, .Giye it to him" The deceased
said, "Give me the knife and VIII kill him before
Deceased and James then Went H. out T and Struggled
for the knife. II heard deceased say ne would
TSe @ ne TO to his
home; they then fought. AS soon "a
my foot outside the stone door rs
revolver; then stepped back; he followed me up;
l said 'Stand back, Eddy he ran me towards the
coalbox and fell against cart, and as lay on my
side against the cart fired at deceased; the two
lie was in danger and did 1t In seli-deienoe;
knew the character OF deceased he was nghter
prisoner admits tha. of,icer Nelson's testimony Is
true and in answer to the District Attorney says
that he ran away because ne ne did not want to be be
dd not want TO be arrested, and also told the officer
some one was shooting hell out OF person IN six
teenth street because he did not want to be arrested
The prisoner also tells us that the night before the
deceased chased him with a blacksmlth's hammer.
free and easy about fifteen minutes past twelve
O'Clock. "We went to Feary's and had a drink ~
deceased said he would kill the prisoner before lie
went TO Brooklyn; deceased and mis- brother started
to 90 home; they went out and struggled for knife;
then went INTO the barroom and heard the report
OF pistol three times; five minutes after that
ceased came In the barrOom and said he was shot,"
On cross-examination this witness says that de-
ceased SAID, in very low voice, THAT he would kill
prisoner; did not tell the prisoner. because did
not wish to any growing In the store renamed
In the store for five minutes, notwithstanding the
fact that deceased had threatened 70 take the lie
Of the prisoner and that they were struggling out
Felix Golden swears that after the shooting the
deceased came INTO the barr0Om, and that ne wit
ness picked up an open knife lying on the oor the
knife up, put It in my pocket and never said any
thing about 1t for perhaps three months''; Charles
Dempsey says he "met deceased in fore part OF
August; he drew out knife from his pants pocket
lthe blade SIX or elgnt inches in lengthy and told me
he would put that Into prisoner; told prisoner this,
and to look out for himself but told no one else.''
The witness Don9hue Is recalled by the District
Attorney and tells us that he did not hear deceased
say 70 Knsella that he would Kill the prlsoner,'
and II 1t had been said he would have heard IT, The
prisoner during the struggle @ returned 70 the bar
stood by the struggle for five or six seconds and
then struck deceased with his revolver: at this
ment deceased HAD his brother by the hand; de-
dcased then put his hand to his head the prisoner
stepped back and then fred. When prisoner struck
deceased HIS back was TO the prisoner. When prls-
oner fired, the deceased was facing him, having
turned around. The prisoner was at no time, dur
Ing the firing Of the three shots in between the cart
and coal box leaning over the Wheel In answer to
the prisoners counsel hewitness told you that, in
his opinion, there was no provocaton for the shoot
ing.
Several persons testified to the general good char
acter o. the prisoner: BY way OF rebuttal the DIS
trict Attorney called Sergeant Dickerson. lie tells
MS tnat he never knew the prisoner to do q bad act
In his life outside the shooting: but his associates
were bad; at night he hangs around with crowd.
Sergeant Dickerson says he does not know any gang
more disorderiy than the Sixteenth ward gang.
Kinsella and Murphy both belong to It,. Oficer
Eagan and Sergeant Dickerson In speaking of the
deceased sotn said that when under the influence
Of liquor he was rough and quarrclsome, but when
sooer he was INDUSTRIOUS peaccable and hard
worker at his trade.
And now, gentlemen, charge you, as matter OF
law, II q man be attacked in such manner that
there Is no possibility Of his escaping without kill
ing his assaiant he IL justified In doing So after
having done his utmost TO retreat But no assault
Will justify killing the assailant under the plea OF
necessity unless there oe the part OF the assai.
ant clear manifestation OF O fclonious intent. /
charge you as matter Of law, that you find from
the evidence In this case mat the prisoner ~ the