The New York herald., 1872-06-15

broom and become member OF captain IhoIncs
brigade. Mr.. Howe closed with feryent appeal in
behalf Of his youthful client who acted 10 sell ae,
fence when he used the knife to repei the orutai
assault Of his lnhuman keeper.
TWELVE HONEST MEN"
Assistant Distric. Attorney Stewart summed up
for the people, and IN his opening remafXs ,na Sa,n
which he did not anticipate at ITS commence
ment by the Introduction Of issues which ne be-
lieved had no rclevance 10 the issue to be deter
mined by the Jury lie reviewed the evidence
hearing upon the Killing or Calvert and read the
by saying that the Hoard OF Managers, whom the
connsel 40 warmly commended, kept him IN the
position OF superintendent OF the institution.
iH ''HE WAS NEVER PUNISHED tfln
Thc defendant Dunn had been in the House OF
Refuge seventeen months, the first time he was
there, during which period he was never pun
ished. Mr. Stewart affirmed that the witnesses for
the defence were young despcradoes sent to the
House Of Refuge for pickirg pockets and burglary,
reference to their age for II they had not told false
hoods, the boys wonid have been sent to the Penl,
over ny armed sentnels The prosecuting ofiicer
ridicued the idea that the counsel songht
to enres upon the ry that ihs ssyer
DUNN, II he was anything, was Protestant ana
Calvert Catholic. He claimed that the evidence
warranted the rendition OF verdict OF man.
slaughter in the third degree. Mr.. Stewart pro-
ceeded ~ length TO speak OF the religious ques-
tions involved In the case, asserting that the re-
iigous teaching inculcated in the House OF Refuge
was that which did not conflict with the tenets OF
any OF the churches.
He further said that his own Judgment was that
the Board OF Managers ought to provide suitable
spiritual instruction for the inmates II a boy be-
lieved that the ministrations OF Catholic priest
would be OF more benefit to him than those OF u
Protestant minister he ought to have them.
At the conclusion OF the remarks by the learned
District Attorney the audience, who had been pa
tiently listening until the afternoon OF the fourth
day, took breath and waited with eagerness for the
charge OF Judge Bedford to the jury.
The officers Of the Court told the people TO sit
down, and the order was Obeyed.
"A
Judge Bedford delivered his charge to the Jury In
a clear, solemn and sententious voice. The prs-
Oner, while the charge was being Delivered Wept,
and many persons were visbly moved.
M Tnye y at 1s hs bar has
consists Of four degrees considering the testimony
this case charge yo a. matter o. law that the rst and
verdict assi"s Re prssnsr cRiy i%iTS fourth
The ns @ IN 1ra o.
without design essi death ya ts dHpssrss wsssoq
se fsyss ss'
BY any wsSpen or by means neither cruel nor unusual
,a s h ni are Of ds.arsa 10 be e
The npSsnce Of hs case 70 the public cannot be over
mere as%s$ sa's an Sss HIN stand q
Tini The Of M case under ihs line q
wns. No s1 sea !" Sss Of @
Ssn po he be sn "a 81
w9u SpaS he e % e heinz s.no meade more AS Tnt
rORATHTOR,
IL Violence hs e
s2' o H
IR qsapS sas asse sss
ssas & % q rs ss Ss dsn:nsS l. de early
ss' "S. s So es
,is moment persc,y fresh 10 SoSr minds. Teslimony
either %issa,oS resaras degree d msnsiaasher
e Sss
selideience And
sSnp,sa with proper fear NE II attack snssndsSs
may resisted the mind but yet become strong in
Inc iavcs'ssSa q .Sis deemed Sus and
% strip this trial legal tcchnicaiiiles order that
the naked truth might stand prominently and alone be
iSss asSs Ss
this
induced me TO rule 50 that All the testimony offered
perceive na, the gaIp.se show
that
might see wne,hsT or not the system had as it were ger
extent Although the testimony was competent vet
OF No, So very sSotsn seyan This head ne
Judge decides whether testimony competent, and
Rqry II G Svs s S,hs u ssaS se
@ sa Ss
then the bears the eject produced towards
% espSnsns De yss% sSssever i
y ,his Sss% saSissIsfly srsssS"
S asns as IN a''S0"
rs LOCAL Auraoa,r,ss Raw soraIse 70 DO WITH IT.
!" prsa
g., hs mSss to Be J. to S Locked at Certainly
rscter Jney doubt freely and ioisIy
n a "ls whe ri ss sw
daS coreeed ed by j. sometimes me- in de-
should be hn@@aney What eeet ct
% sa H Of the "asm and
servant VIII" Is prisoner prisoner i,ou IN inducing d.
or todeud himself "sain the aas and ma stcr is in
S' ns TS, S al %ss' @
m IN o sc np" G stS S
thority The law sedeence certainly exists
much q prSa,s sssn not s!imna or, Or p
der restraint hre The lay rssys to the @ ~ this
:as o n which S s
polite ones is matter OF inquiry, and the deceased
m % e & blown 'ss ad IL.
Is to be convicted OF
sccGrapg IN a. yc". .ns fact; s within the
While on the other hand il the deceased exceeded his
authority and Of this you
Sas Violence e re- psso%sr tie latter struck i%e
cused and i be acquitted, unless however at this fatal
Justly iii. sSai ,s% ' II"
q this os s1sf Gs s swsds BY s sssnsa
any system OF undue severity which usual the
deceased to pursue and which he likely pursue.
And now IN conclusion gentlemen; tell you, II, on the
hand, the killing unlawful. conviction will set
example to prisoners While. the other hand IL tho
killing was excusablc acguttal will set wholesome
example to wardens iaiers and keepers 10 be
and Ia protect III. rights Of the nnfortun the
vicions the depraved or the hardened criminal
The charge was given to the jury Of twelve men.
During it's delivery all were intent and when 1t
was done dead silence fell on the court.
The jury retired at fifteen minutes past one
and were absent eight minutes. They came back
at the expiration OF that time and took their seats
quietly and in q solemn manner.
GUILTY OR NOT GUILTY.
''What do you say. gentlemen OF the jury: is the
prisoner at the bar guilty or not gnityg" Thus
spoke the Clerk.
Foreman OF the jury Ia gentleman with black
moustache) )-"Guilty Of maDslaughter in the third
degree"
The boy prisoner looked at his counsel and looked
around for his family who were not present in that
hour TO him so momentOus The tears were in his
eyes AZ he listened to the sentence. prisoner,
come TO the Barr
He looked around to see II any one could save