The New York herald., 1871-01-12
HERALD THURSDAY, l87-TRlPLE SHEET


Of the prisoner. he said:- May It please the Court
gentlemen OF the Jury the responsibility OF lee ding
this Case ID now last closing upon you II you win
only do me the favor 70 remember the great care
or asssted In he selection Of the jury, you win
member that j studied 10 nave twelve gentlemen
prsudee Of nssosas @ Without consaerng s the
country which gave blrih 10 the deceased, or that
Of which the accused Is native, ana a.. o.
consideration OF case IN witch the life OF
human being Is Ia your hands, fairly, lmparially.
District Attorney in his opening addressed you and
stated that you are conservators OF the public peace,
This case on behalf OF the community. that you
might protect the lives OF citizens. and that when
murder was commltiod by Your verdict you should
enable the law to be carried out and thus prevent
the shedding Of human blood. agree With the
District Attorney most cordially, but while SO agree
Ing with nm have the utmost confidence that you
VIII say this is not case IN winch the bosd OF this
man Is to he upon yonr souls. ! agree
sas T sns soad sns oa o The m s %so
are presented To You clothed, AZ said the District
Attorney, In living nesh and blood, and when ne
made ieeiing ailusiOn 10 the sympathy .Nhicn
should exist for The departed. agreed with him
also; but, gentlemen, be careful tnat inc sympathy
with the dead does not WORK wrong TO the iivlng
Let us, then, approach the IN all solemnity Jet
us review the evidence and when II ls cl0seu you
twelve gentlemen feel that premedi,aion and mace
existed in this poor German heart wnen tnat pistol
was discharged, and tnat he intended, by prenedl.
tation, TO XII Christopher Higgins then; without
children (the prisoner's) orphans for life for the
crime Of Their lafher But thank God, tins Is not
case in which such result can by any possibility
Counsel after retrieving the testimony at some
length, concluded bis appeal to the Jury IN the lOl-
lowing pathetic manner:-"Tne evidence demands
aca,lital. Your oaths demand lt. Justice de-
mands It. Make not this man u victim. Become
no, his eXecutoners lest after you have placed
him OH tie scalold guiltess as he ls In the eye of
God, his avenging .orm shall rise IN gnasty terror
ever to remain with, to torture and reprehend you
for so cruel and irfeparable a wrong, whlcn may
God In his goodness, wisdom anu mercy avert.n
SUMMING UP FOR TIE PROSECUTION.
District Attorney Garlin, III Summing up for the
people, sald:MaJ 1t please the court, gentlemen Of
the jury, this Is case which of course you under
stand as we!i as ! do, and the law requires yOu
Should know nothing except such facts as nave
been brought befoic you By the evidence. have no
lower OF eoquelce 10 urge upon you any case of
this description and only lnat you snail SO dc.
mean yourselves as 10 satisfy your consciences
gard TO what you nave 10 do, aud 20 perform your
duty with view 70 the Interests OF the community
wei as tue rights ana proper interests The prso
ner IL Is conceued W the oer side that The ie Of
higgins was taken. and that tie prisoner was the
cause OF his deaGi. 1t Is aso shown that at the
time OF the act there WAS no attack on the
pVr On Sne prisoner uersonay Now reptemea a
these are the hard facts In the case wnlcn
the prisoner at the bar must answer Tor If take
the lie of man LII THIS auaien-e by drawing pis-
to ana shooting al down, and he lies on the SPOT
cen say did not intend TO do ~ Aow, when this
man came from the iaoi ory afer hearing the noise
on Tue outside, was lie in any danrery Was the
property In any canger9 None Aud yet he walks
out ltiS PISTOL tf.e expense
OF human beings .ae. You are u Judge OF The
Iaci6 as delivered 10 goa oy the witnesses, and If
you arc satisfied tnat my Ihe1rJ o. The case Is
rect, then. gentlemen. the highest duty you rem
der TINS county uuder yo'r oatns and your con.
sciences, s.tttng mere as twelve Dea constructing
jury TO try the prisoner is 10 ld MIN gully OF mur-
der in the first degree, ana If tuere any mercy to
he be extended to ia aader the circumstances 20 to
and let iiIn exercise tlai power.
THE CHARGE TO TIE JURY.
Judge cardozo thea charged the jury IN substance
This case, gentlemen, presents Itself within very
narrow con2ass AMI my duty IL respect TO II be
that you must not hnd the prisoner guilty mercy
because higgins is Gead, but sim.,iy ana solely IL
rules of law give you; but II you believe that The
prisoner Is guilty under the rules give You, tneD,
however much sympathy with nls unfortunate family
NAV cry out 10 you 10 DO Otherwise, you must
not hesitate 10 say SO, icr your Caths forbid
IT. Before you can Convict lhe prisoner OF Duraer
In the first degree you must be satisfied on the ev-
dence Of Two principal fac.s First, the prisoner
al tue bar killed the deceased Which disputed
and cannot be denied on tae evidence, and second,
when Is the Important question for you 10 deter
NINE, tnat when he shot the deceased ne did so
With q premeliCated intention 70 take the life OF
Higgins. Bnt, gentlemen, wlle you must be salts
red that the shootlag was with a premeditated
intent take life, tnat intent need not to have ex.
believe upon the evidence that when the prisoner
tired the s1ot. lie entertained that Design,
then then, although You may believe that ne
bred ;he fatal shot, that win be sufficient to
snstain the charge Of preneditatiop. Tne general
theory OF the prosecution Is tat the prisoner hear.
ing some noise came to the door, hayiag can III
his hand opened IL, and on going out some offensive
words passed between hm aud the deceased; tnat
the prisoner then drew pistol from behind him,
raised the pistol towards the neck OF the deceased
ami fred and that by the wound the deceased died.
Now, gentlemen, II you believe that theory aud tnat
ct The tiile the prisoner fired the Shot he Intended 10
kil Higgins, then the killing was murder IN the first
have not and shall not so no the evidence In de-
tail or aliude 10 the circumstances OF corroboraTon
which have been referred TO by the counsel either
siCe IN the discharge Of their duty. IL ls Tor you
review ana consider the evidence upon these sub
Jects. II Is proper, however, l should say that
there Is nothing IN the testimony from which You
have the night to infer that there was any provo.
cation by 'he deceased or that the killing was in
seif-delence.
After an absence OF about an hour they returned 10
the court rooEi and rendered verdict or guilty OF
nanslaughter III the third degree.
In reply 10 the clerk OF the cour; the prisoner said
he hac nothing TO say why sentence should not be
passed upon nun.
Mr. howe, IN earnest appeal to the Court,
prayed that ieniency might be extended towards
me prisoner.
THE SENTENCE
The Court, addressing tie prisoner, said:-The
jury have taken q most merclful view OF your
case In hnding q verdict Of guilty OF Inan-
slaughter. In The third degree instead OF the blgh
crime OF murder, which they might vcry wel haSe
returned. Everything tnat ingenuity could effect
has been done, ana feel 1t difficult TO resist tle
strong appeal Mr.. Howe your able counsel makes
10 me In your benan, and which was 50 ably exer-
cised throughout the trial But in view Of The TACT
that the crime was certainly q fearful on. and the
circumstance That murder l. rife IN The community,
do nor feel at liberty 10 diminish the sentence
which the law demands should impose, aud that
sentence Is four years iInprisonmenC In the S;ae
Prison, with batd labor.
most affecting parting then took place between
tie prisoner ana his wife and chidre1 after which
the prisoner was removed from tie court, sobu!ug
Violently. +.
TIE SaEcssD sTEai-a saalatW.