, 1872-10-23

c....'
and It was with the Utmost reluctance that they
we're induced to testify anything against him.
Mr., Mason objected to the statement that the
Witnesses we're all friends Of Cullen.
The Court said the jury would draw their Own
conclusions with reference to this point.
Mr. Reed laid great stress upon the fact that
the ball went through the head on direct levol,
showing that deadly, determined aim was
taken. He secuted the idea that the shot was
fred by Doras, as all but one witness in effect
testified to the contrary, two swearing positively
that he WIS not there. Cullens actions aubse-
quent to the shooting, were such as to point con-
fight to No. 1856 Clinton street; from
thence quickly to No. 42s Monroe:t street,
where he did not board and where the
men who had been With tit him, told him when ne 3
his return to his own boarding house, where he
changed his clothing, and where he jumped
through the window. The thing could not be
explained consistently with Cullen's innocence.
jury.
hfr Mason objected to the impeachment Of
his own witness BY the stato's attorney.
The Court sustained the objection.
Mr. Reed then took the position that ker-
Wick's testimony was contradicted by that Of
Fry, Burnett, and Duffy, who stated that Doras
was not there. It WAS proved that Cullen four
ished the revolver in the saloon, and that he
had on the: sidewalk beyond all controversy.
McWilliams laughed at him he felt inRulted,
and, in q spirit Of Lellish brayado, he drew the
pistol and shot him dead, The cause of public
Justice demanded that this murder should be
punished. The only way to administer justice
in this city was to declare that he who takes
life wantonly shall forfeit his own. It would be
shame and mockery not to punish this man.
INSTRUCTIONS.
The Court then instructed the jury, as usual,
in regard to the definition Of the crime of murder
1uS.1 5--- .A,,An H.
or implied as to what constitutes reasonable
doubt as to the power Of the juryt to f1 the
penalty, etc. On the subject Of drunkenness,
the instructions for the people were as follows
Voluntary drunkenness is no excuse for crime. II
voluntarily gets drunk, and then commits
crime, he is just arnenable to the Law If he WIS
sober. The jury have right to allow drunkenness
deuce, beyond reasonable doubt, that he shot mud
killed James P. McWillians in manner and form as
charged in the indictment.
Court that before they could find the prisoner guilty
Of murder charged, they must be satisfied not only
that the circumstances given in evidence in this case
were consistent with his having committed the act but
they must also be satisfied from the evidence that the
facts such to be inconsistent with any other
rational conclusion than that the prisoner was the
Crime consists in the violation Of INV, in the
mission Of which there must be union or joint op-
GRAFTON Of and intention. In Bn Of ermo act
and intent must concur and in this case although the
jury should believe from the evidence that the prison.
er shot the deceased, yet before they convict him
Of murder they must also believe from the evidence
that at the time Of the homicide he intended to ldn
him. but if the jury also believe from the evidence
that the defendant shot the deceased and that the act
done deliberately and intentionally, then the law
presumea the defendant intended the natural and
probable consequences Of the act
The jury are instructed by the Court that II from
the evidence it is uncertain IN the minds OF the jury
which Of the two men, Doras or Cullen, shot and
killed tho deceased, McWiiams, then the law is for
the Ia and the 5 is 1Gqa IN to
It is rule of criminal law that q crime must be
fully established by cogent and convincing proof:
Neither preponderance, nor any amount OF
preponderant evidence is sufficient to convict pris-
oner, pnlesa such evidence generate fun behef OF
the fact, to the exclusion Of all reasonable Doubt
The Court instrucs the jury that this case is to be
determined by the law and evidence, and not upon tho
assertions and declarations Of counsel.
EPECULAT1OSS on THE RESULT.
The jury retired at half past 3 o'clock, and at
ten minutes before they announced that q
verdict had been agreed upon The Judge being
absent, a messenger was cent for him: During
the interval bets were offered IS to the verdict,
reporter wagering the cigars with q bailitf
that the prisoner would not get over fourteen
years. The general impression seemed to be
that the death penalty would not be inflicted,
the jury would not decree hanging. The priss-
oner and his father, who sat side by side, mani
tested no especial anxiety, they had been evil
| dently mich treasured by the telling argument
| of their counsel.
| TIE VERDICT: .
| Upon the arrival of Judge Tree, the jury re-
turned to the court room, ard the verdict wns
read, as follows:
We, the jury, find the defendant guilty in manner
and form as charged in the indictment, and fx hta
| punishment at Imprisonment In the Penitentiery Of
this State and during the term Of his natural fe
As the words for and during the term Of his
| natural life" we're read by tho Clerk, the elder
| Cullen gave loud cry OF agony, and threw hle
arms around the neck Of lis son. The latter
shook him of hcrcely, and in an angry tone
exclaimed, ''Quit that!" The father continued
his walls Of anguish while the jury was being
| polled, but the son sat unmoyed, and, when the
| kherif came to conduct him to his cell, he
merely allowed himself to be repeatedly kissed
and embraced by the old man, and then hurried
| away as quickly as possible.
The counsel for the prisoner entered the Gus
Judgment, the jury we're discharged, and the
| Court adjourned.