The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-28
THE SECOND AVENUE HOMICIDE.
Conclusion Of the Trial Of David Murphy
for Shooting David Barry.
Recorder Hackett Sentences the Murderer
To Be Hung on the I'd Of August

The trial OF David Murphy, indicted for the muir
der of David Barry, by shooting him with pistol
at the door OF liquor saloon, corner Of Sxtieth
street and Second avenue, which was commenced
In the General Sessions, before Recorder Hackett,
on Wednesday afternoon was concluded yesterday
morning. The prisoner was convicted Of murder
In the first degree and sentenced without delay,
to expiate his crime upon the gallows on the I'd Of
August next. This prompt vindicaton OF the law,
is owing to It's stern but Just administration
by the Recorder who, while jealousy careful
OF all the legal rights OF the accused, took
occasion to call the attention OF the jury to the
alarming increase OF the crime Of homicide In New
York. and cautioned them against permitting SYM
patty to blind Judgment and conscience in the per-
formance Of the duty they owed to the people to-
render true deiverance upon the evidence The
moment the word "guiltyn fell from the lips of the
foreman His Honor, believing In the righteousness
OF the verdict, refused TO postpone the Judgment,
but sentenced the murderer to be hung the Cd Of
August. 1t was really refreshing to witness tho
quiet dignity, coupled with desire to proceed
rapidly, which the Recorder manifested In presid-
ing at this trial. When the counsel during the en-
panelling of the jury had rejected
raj Intelligent gentlemen who had never
heard of the case and knew none
acterstic, imperturbed manner, but with an
expression OF determination which indicated that
the Court "thought she understood herself,n said
that II the prisoner was not ready to be tried he
would not waste any more time In trying to get a
jury, and allow the case to go over to the next
term. The counsel ntlmated that he desired to pro-
coed, and, taking the hint lost time In need
lessly questioning jurors. All the testimony was
taken in two hours, and the was closed before
the Court adjourned. II jurors will only CO.
operate with the presiding Judges OF the General
Sessions In the administration OF the law the MUIR
ders and felonious assaults that have been recently
multiplying In our midst at so rapid rate will be
secure than they now are
Upon the reassembng OF the Court yesterday the
first degree in shooting David Barry, on the 18th Of
April last, was resumed. Mr.. Howe presented q
mosr Of requests to charge respecting the various
upon them, all of which we're charged. His Honor
proceeded to deliver brief and lucid charge, In
forming the Jury that In cases OF homicide u was
the premedttated design to kill that constituted
murder, and that such intention could be formed
at the instant the prisoner fired the fatal shot. His
Honor intimated that the evidence in this case, IL
relied upon by the jury. would warrant them In
gree or mansiaughter in the third degree He briefly
recapltulated the testimony and, In conclusion,
said that crime existed to . fearful extend
In this city, beyond that which he had ever known
during the period OF his judicial administration.
Scarcely an hour passed without some act Of
thc Recorder's view the dificulty was not In the
administration Of the law by the judges nor was 1t
lay with the Jurors, who had sentimental aversIon
to finding fellow creature guilty where the death
penalty wonld assuredly follow. six days had been
spent In the trial OF Stokes trying to find q jury
who were stupid enough not to know anything Of
the case In order to render them competent to dis
charge their duty in that particular case. The Re-
corder cautioned the jury not permit sympathy for
the prisoner to swerve them from dscharging their
stern duty and said that If they had any reasonable
deceased they should give him the benefit OF 1t
and convict Of any Of the lower degrees OF man
slaughter or II they had a doubt upon the whole
case the accused should have the beheft Of 1t.
The jury retired at halrpast eleven O'Clock, and
at the expiration OF two hours reentered the court
room. Their presence occasoned the most intense
excitement, which was greatly increased when in
to whether they. had agreed upon verdict the
foreman t man nervousV responded Guilty Of murder In
The prisoners counsel requested the jury to be
polled whereupon each juror replied that such was
Assistant District Attorney Stewart said:-Tn
this case will ask to have the pronouncing OF the
Judgment deferred until tomorrow morning, II it
The Recorder, who has no maudln sympathy for
convicted criminals said he would like to know the
Assistant District Attorney stewart-For no
special reason.
The Recorder-I think win proceed to sentence
The Sheriff was Immediately sent for, and. while
awaiting his arrival, the business OF the Court was
crowded court room, every one feeling that he
was in the presence Of death. In o few moments
Sheriff Brennan arrived, and the Clerk proceeded
what he had to say why sentence Of death should
not be passed upon him.
Mr.. Howe said The prisoner has directed me to
inform Your Honor that he never had any intention
to take the life OF the deceased He states that his
brother is little deaf, and that the fighting had
not stopped at the time, but, the contrary, that
he was seized, as his testimony disclosed, by two
men, and then he discharged the pistol. or course
the Jury have believed the reverse, and we cannot
quarrel with the verdict: can we appeal to
Your Honor for mercy, because the law leaves you
no discretion
The Rec0rder-Ifi 1t rested upon the unsupported
statement OF the prisoners brother alone His
Honor meant the fact testified to by Murphy's
brother that the fighting had ceased for some MIN
utes before the firing OF the pistOD that would be
one thing but II my memory serves me right all the
witnesses on the part OF the prosecution agree that
there was cessation Of the ARRAY, and that the
deceased had gone to the door and was followed by
the prisoner. Turning TO the prisoner, His Honor
said The sentence OF the Court Is that you be
manded to the City Prison and be kept there until
the I'd OF August and be hanged by the neck till lite
be extinct.
As as these awful words fell from the lips OF
the presiding Judge the mother and sister OF MUIR
ply, who occupied seats In the enclosure set apart
for female witnesses uttered a heart-rending
shrek, exclaiming, "Oh, heavensp'
The death warrant was handed to the Sheriff. who
took charge OF the prisoner and conveyed HIM to
the TOmDs.
FRIGHTPUI, RUNAWAY AnnTDPNT AT NTw