Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-15
ssGUILTY As INDICTED"
Ex-POlteeman OBFfea Convicted Of
the Murder Of y amuel Cumming ham.
A NEW TRIAL ASKED TOR.


Yesterday, after our report of the trial of ex-
policeman Charles III. 0'Brien In the Criminal
Court for the murder Of Samuel Cunningham
a. Green spring near Georgetown, on the 18th
the government, concluded his argument, and
the counsel for the defence offered several
prayers fer instructions, some OF which were
granted anu some refused.
CHARGE TO THE JURY.
Judge macarthur, on charging the jury, said
mat IL was not always required under a charge
this were 80 the majority Of crimes would 90
unwhipt Of justice, and hence the law has a pro-
vision of malice implied, and this implication
proceeds from the nature OF the act itself. The
only other gr ade of homicide known in this Dis
trict is manslau ghter. This grade OF homicide
is established, when a man in the heat OF a con-
I'll {, or under some sudden heat OF passion, or
under great proyoca'iOn, kills another. The
jury will consider whether this homicide oc-
CURED under the first or second grade. The
proyocation in mansaughter is, as general
thing, produced by blows. It is generally con
ceded by the writer's on criminal law that mere
words Will not constitute sufficient legal pro-
vocation in case of a homicide resulting there
from from murder 10 manslaughter. 1t would
never do, II society were 10 cOuntenancs the
taxing OF LIE for mere words uttered,
however aggravated they might be. IT
Is certain from the testimony OF the witnesses
that some kind OF scuffie took place between
the prisoner and Cunnin cham in front of the bar
room OF the pavilion. The jury would have -
consider the lapse of time between this ssutffe
and tie fatal encounter. One thing il certain,
that the last meeting was entirely Different from
he fOImer. In the former il is said that blows
were struck, and after the lapse of fifteen min-
utes, he did not know of any law which would
Justify a verdict Of manslaughter under such
circumstances Gre OF the witnesses for the
defence had testified that Cunningham had
threatened to take o. Brien's lite, and that fact
had been brought to OBrien's knowledge. No
man even in snch a case has right to 20 out of
his way to meet his adversary. 1.-The meets him
accidentally or while pursuing his regular
course OF business he has right 30 defend him
self to the last extre unity. He then cautioned
the jury that they should consider carefully the
facts, ard give verdict OF murder or man
slaughter under the instructions.
The defendant excepted to certain portions of
the charge.
The jury retired at BIS O'Clock o. m, TO
deliberate on the verdict, and after waiting
about an hour, Judge Macarthur directed the
marshal to send for him II a verdict was agreed
upon. The prisoner after taking leave OF his
wife was remAnded to Jail.
THE VERDICT.
At TO O'Clock the jury came into court, and
Judge Macarthur and the prisoner with his
counsel having been sent for soon after arrived
The usual question ''Have you agreed upon a
verdict?' having been answered in the affirma-
tive In answer to the question How find you the
Hisoner at the bar?'' the foreman replied
"Gullty as indicted" The prisoner did not
show any emotion.
Mr.. Williams. of the counsel, then asked that
the jury be polleu, which was done, and as the
names were called each man distinctly answered
"Gulty."
MIR. Williams made a motion for a new trial
which was entered, and the court adjourned.
The irons were again placed on O'Brien, and
he was taken to his cell in the Jail.