The New York herald., 1871-10-29
YORK HERALD SUNDAY 29 l07l-TRlPLE SHEET
can; TO REJECT qualify or believe as may seem to


And now, gentlemen, again remind you tnat to
convict 1t will be necessary that the evidence shall
be established to your minds free from reasonable
doubt, that the prisoner. on or about Wednesday,
the 23d day OF August 1871, at this city, did use or
employ some hard instrument or other means upon
the person Of Alice Augusta Bowsby (she then and
there being woman with child, with the leIonious
intent, by the use OF such instrument or other
means produce the miscarriage of Alice. and that
the use OF such instrument or other means was not
necessary TO preserve her life ana that the Of
such instrument or other means directly produced
her death. II SO you fnd gentlemen, upon q
1t VIII become your duty to find the prisoner guilty
OF the charge. This case, gentlemen, as regarded
by the community, Is sensational one; but to nv
mind 1t Is only remarkable from the extraordinary
features which seemingly have surrounded It, The
crime with which the prisoner stands charged has
the world and Will continue as long as human pas
sions and instincts remain 1t can only be re-
strained oy appropriate legislative penalties, and by
the energetic vindicaton OF the law. You should
indulge in no prejudice or symr athy-prejudice
against the prisoner or sympathy Tor the bereavcd
mother and sister, The poor grl's story is shortly
told-rusIing. betrayed She and her seducer
sleep the sleep tnat knows no waking Your solemn
the testimony ana Just verdict give according 10
WAITING FOR THE VERDICT.
The Jury retired ut ten minutes past two and
while they were absent the audience winch filled
the court room discussed the merits this revolving
and remarkable crime anu the probable action OF
the jury. twas generally supposed that a verdict
against the prisoner would be rendered in a lew
moments, Dut an nour and half hal elapsed before
they re entered the court room. The most intense
excitement prevailed when the Recorder resumed
his seat on the bench, followed by the jury AS soon
as the Clerk called their names and asked II lney
had agreed upon verdict, the foreman repiled-
VERDICT.
ave find the prisoner guilty Of manslaughter in
the second degree, with Recommendation TO
the mercy OF the Court" THIS request created
considerable manifestation Of feeling in the audi
recommendation until In conversation afterwards
with certain Jurors IL was learned that ten OF them
had to compromise with two OF their number to Sc
cure an agreement.
SENTENCE ASKED FOR.
Assistant District Attorney SULLIVAN moved for
RosENzwEIG, when asked what he had to say why
Judgment should not he pronounced, said he was
not guilty.
Recorder HACKETT, IN passing sentence, said:-
"Rosenzweig, no person knows better tnan you that
on Wednesday night you performed tnak operation
with steel instruments and saperlIduced that abOr
that girl flooded that night; she was better on
Thursday she was better on Friday; she was better
on saturday, when sne gol up and nooded, and the
nOOdng was so great that you thong hit 1t could not
be stopped by any means tnat you could bring to
bear; that she died and YOU packed her in
that trunk. No person knows that better than you.
Ordinarily woulo mind the recommendation OF
the jury TO mercy but In lis case must ignore it,
for you deserve no mercy. In my view Of the law
you stand to-day IN the attitude 0f murderer You
sent two human beings 10 their last account de-
liberatey, wiliuily, murderousy. That Is the law,
and under that construction an indictment should
have been found against you for murder in the first
murderer, ana the sentence l would pronounce
against you would be death. quite concur with the
sentiments uttered oy my colleague, Judge Bedford,
III regard to cases OIL this description, and shall
unite with him IN u recommendation to the Lcglsla-
ture that the law be changed. and tins vlllanous
and barbarous practice be ended. You are man
OF uncommon nerve, as has been exhibited IN this
trial. never saw a man VINO stood the remarks Of
the District Attorney ana his sweeping denuncla-
tlOns SO utterly unmOved. You are an educated
man. having practlsed your profession abroad be-
fore you came nerc but you are q dangerous man.
sentence you TO seven years IN State Prison with
nard LABOR"
ROsenzweig appeared to be unmOved while his
Honor was sentencing him, but exhibited consider
able nervousness wnen the audience gave vent TO
their appreciation OF the Recorders remarks In loud
demonstrations OF applause. The prisoner was re-
moved TO the TOmDS III the wagon, followed by an
immense crowd.
CLOSE OF TIE TERN.
This case ends the jury trials for the October
term, IN which the Recorder disposed OF q very
large amount OF criminal business. The petit jury
were discharged, ana II Is highly probable that the
Grand Jury Will be discharged on Monday.
Judge Bedford, who was on the bench when the
Recorder sentenced RosenZweg, VIII hold the Nov
ember term, commencing on Monday, the 9th inst.