The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-23
COURT or GENERAL SESSIONS.

| The Tent, Avenue Homicide Conclusion Of
tho Trial of Philip WiIlkc, Charged with
| Stnbbing Rudolph Wmcherer-The Prisoner
| Convicted of Murder In the Second Degree,
| and Sentenced by Recorder Hackctt TO I'm
| prisOnmcnt for Life.
Before Recorder Hackett
1t will be remembered that at the adjournment of
the Court Thursday evening counsel had finished
summing up In the case OF Philip Wlike, tried for
the murder Of Rudolph Wucherer, at lager beer
saloon in Tenth avenue, last September, and the
Recorder postponed his charge to the jury till the
following morning Yesterday, shortly after the
reassembling or the Court, Mr.. Howe. counsel for
prisoner, rose and said that he had been In
formed within ten minutes Of very important
additional testimony. gentleman OF the highest
respectablty came to testify to the character OF the
accused, and to state that he saw wike the morn.
ing after the occurrence at the station house and
noticed marks OF violence upon his neck.
The Recorder said this was most extraordinary
application. AS "a general rule when a case was
closed, and before the summing up OF counsel
emneaty proper to admit new evidence b M1II tp al
were permitted In this case an injury might be done
TO the people, because they would not nave an OPP
ness. Ii the District Attorney would not interpose
an objection he would permit the testimony to be
given. Assistant District Attorney Fellows said
that such an application would be proper on a
motion for new trial. but he objected to reopening
| the case. He further stated that twenty minutes
ago a gentleman came to MIN and declared that If
an opportunity could be afforded 1t could be posi-
lively shown that or the witnesses VINO testified
Tor the defence was not present In the building that
night
fused TO graut It, stating that the prisoner his
counsel ought to have sought out and presented this
evidence on the trial.
The Recorder then proceeded TO charge the
jury. He first read the requests OF counsel and
Honor then gave succinct statement of the eY lis
dence, and read the various definitions of murder
ing q III mar mo ac Of
any grade OF homicide that they believed the
mony wO1ld warrant thcm IN nnding.
Counsel tor the prisoner took no exception to the
charge
AS the court house was insunicienty heated the
foreman asked II they could not have comfortable
to stay In while deliberatng upon their yer.
dict. The Recorder Instructed officer to conduct
the jury to his chambers up Broadway. 1t Is sug
gestIve fact that owing TO detective furnaces the
brown stone court house building, which cost the
jurors have to be marched up broadway 10 DIS, DIS.
charge the important duty devOlved upon them at q
distance from the temple OF justice.
Alter celebrating for about two hours the Jury re-
turned 10 the court room and through the foreman,
rendered verdict OF guilty of murder In the second
degree
Assistant District Attorney Fellows moved for
judgment.
Mr.. Howe-The prisoner mas nothing to say un-
Recorder Hackctt told the interpreter to inform
lie.
AZ soon az he was removed from the bar his wife.
VINO occupied scat In the enclosure provided Tor
females, faned but waE soon restored 10 conscious
ness.
Acqui,fals.
hchard Carlton was tried upon charge OF grand
latceny' Edwarc Murray claiming that On the 2oth
oi February the accused stole from him pocket.
oo S containing s24o. The evidence being insun,
puntv ~ sustain the Indictment, verdict OF no.
son cSsrnfay, lointy indicted with William Will
MGR AZ Hvu WIN stealing box of raw slk from
WINS nar ~ ,KVer on the oath OF February which
s.np POI" 80, ~ the cargo Of the shin lrdstone ron,
techntcsi d neng nnoaded at mat pier There was
! verdict OF acquittal vi'o'' WINCH necesxtated
Asss'an, p,srici attorney Fellows said ,ba, ,be
fendants and the Court d,reotoh wanted the de.
In custody. '"@i ~ey pe Kept