The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-29
Edwin Reid ''Not Guilty" of KILL
ing the Irish Lab0rer.
Testimony Of the Accused in His Own Favor
Evidence as to His Good Record in the
Coanty-Judgc BarnarG's Charge to the
Jury-The Jury Out Three Hours
and RaIf-The Verdict De-
ceived with Cheers.
CARMEL, N. Y, June IS, ISL.

the deepest interest manifested in the proceedings.
IL was late hast evening when the prosecution
rested, and there seemed to be much surprise felt
that stronger case was not made ont against the
prisoner. In fact, the only evidence offered OF any
importance was that OF Pickett, ana this was for
the part directly opposite TO that offered this
morning for the defence. IL was PLAIN nom the
testimony that on either side
THERE MUST BE PERJURY,
for II Pickett's statements were true Reid must
have deliberately killed Mccormack, and doae SO
voluntarily. presumng that both Pickett and dc
Cormack were thieves and had been stealing from
his ailE spring at various times Tor twelve months
previous This morning the defence opened by put
ting Reid himself upon the stand. HIS testimony
was substantially the story Of the murder
as published in Tuesdays HERALD. AS TO the
previous larcenies, of course there evidence
in proof of their occurrence except that given by
Reid himself Pickett swore positively that neither
nc nor Mccormack had entered the spring, and that
when Reid fred The gun he fPicketp and McCor-
mack had gone several feet beyond the spring. and
that Mccormack was walking when the snot pierced
him. Reid swore that IL WAS the noise IN the spring
thar awoke him in his place OF concealment and
that when he fired Mccormack was IN a STOPPING
position, trying 10 get out under some timbers be-
side the spring. Both sides admitted that II was
quite dark al the time, but Pickett stated that
REID TOOK AIM,
saying something az he dId SO. while REID stated
that ne ared IN the dark nj Mccormack lers. an
tending to disable him, tnat he coue IS
arrest. Tie pau and 1ipper which Il "a alleged -
have found in the spring alter the occurrence. The
pail bearing the initials " ID. M.,r Were produced Ia
court. The few points above referred to. az given
by Reid, were the chief features of his evidence.
The next witness examined was Reids son,
Oscar, a lad sixteen years OF age who testified
to having seen the pail and Clipper in the
spring AFTER the shooting. Aaron Is. Marvin, OF
Southeast: William T. Fowler, OF Southeast; Samuel
Everett OF southeast, and joan *. Wyatt, CLERK OF
Putnam county, testified az TO
TIE GOOD CHARACTER OF THE ACCUSED.
This testimony closed for the defence ana then
Mr. c. Frost addressed the jury in an elaborate
argument in defence of Reid. lie was followed by
Mr.. F. Larkin Tor the prosecution IN an equally
earnest appeal for Reid's conviction. Then the
JUDGES charge came, which was as tolows:-
JUDGE JOSEPH H. BARNARD's CHARGE.
GENTLEMEN OF THE JURY-The Grand Jury sent yon
an Indictment which Is termed IN law an Indictment for
from your consideration all questions tia. might be pre-
ssa he w ne ASSUMPTION ia a 5 was w
stoned not with design effect the death Of tue deceased
, a. you
MN; MN. ss Grand DID doing. ssss
offence in any event. than they have sent here;
any design effect person kiedsuch as
ay s the s5va s sGs @ # for
sr s ss isd ss @ sa.
ss ..sS Him. s s.a
ned under the law and that mates the far as the
qSHD
se ss make * out ss L A e
your Verde, e. WI. rest and upon which it viii
nnde, The Jaw q elt;deence whch has been aTgured In
your hearns Now THIS accused person did IRE this gun
himself It not disputed question therefore that he d
You determine there any with
70 e n %, course oe s pc
that the law III the wouad the ilnedlate Of
covered with great, sk or care or tina, 4 he had bmted
say the OF one doctor tesyg to you that
h thinks be could have ;svea him or s another sd
deaa OF this dead man WINS that gunsaot woun Dismiss the
testimony entirely rs not defence even you
that runshot cause is hS was It The imSnedi
II there had been sk! surgeons his life might have
he against the prisoner that he hred
H. then YOU are % look ana see il the evidence showed
10 protect human life, which we prize much
excuse or OF VEN Sa we
nvoiaeisy Ins xhSas esuse jussacst,ss
Sul must 50 respectye q The de-
fors, if the testimony has made out this case
% ns assn:e IN IT, Is msSe OUT you to a s.
cene your auy TO establish that If therefore there
crime i,s jas.hfa,ion aous. 70 whether he
aoss not MAKE out so excuse or M ns PR
aeS n & VAS Sv' s %
two Ss nave ysa $ h as
XII n You need 20 step further Because they have not
commenced 10 make ou this crime in tina, woui be sat
rss The sol anu mai ia, shot killed N
u
waslsT 9aesr 6s sip.s which esss statute author
o ana 81 1s a yo ARE ape sax ~ s to
fore you all the evidences TO the events preceding
this % and asn, eaence Of ac
b. his ev9enee as proauced eeo you and not BY what
,hai dny upon he &C: Of ths acdsci you
are to do 50 as Z upon this right ia question no, as sitting
OF a subsequent tansaction. but IN the light in
se sTe se II his evidence a% Inc
yous pnneer en- his property and a'so an infamous ss
treated beyond the offence ITSELF You are to judse
@ Justify an S'na ao; tnat he e dos but he
in be a. thai Tine sub nit tis
yem o. e jury aoa are 70 coRsieer PIE sarrSnndns.
and applying the aci as they then existed say whether he
Va or DID, n b In & e o aeas pod os %
such facts, circumstances nd surroundings WOULD
right to DO he I'D under The existing crcu Now
were that be had no earthly reason TO appreend bodily
harm had he the gun But thai s question.
before he should be permitted 10 take the lie
of the deceased under The circumstances,
Now be taere watching who committed depre
cations 90 his property ana probably knew there were two
people IN and about that stream. lyoG Ind from this
evidence that arcency had committed there
tempted. be had no right 10 lire thai gun 20 punish
arrest the party committing 1t: be had
rlht, for petit larceny, ANYTHING less than
felony, to take this lie; and therefore. III there
than that made out 10 the the justification
out but there in the spring and he
being gre H. aud II you
IRON this evidence that he bad right apprehend from that
TACT that there there aud he had 10 believe
he might be assaulted ia round H., and to
prevent that he took this hfe-ihai you have
right To DO under this siante ~ sefdceDce IN Iudg
ment Of the accused you aus as have sa consider the
circumstances surrounding him The night ~ question: rs
ctet by the evidence Now believe taa explains this
far ~ state yoa and should you fail or
you unable 70 and that lie justified in the
m committed under the stature referred TO- and find the
other facts making II homicide, then will find him
guilty OF mapsaugler IN the third fourth degree
she other OF the Should find the other hand
justified IRON In experimenting danger
70 himself, and mat 20 meet that danger be had
the right TO this gun, then be justified IN the
law. although subsequent events proved be mistaken
There other element In the and tina. is the ele