The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-01
THR State CAPITAL.
Important Amendment to the
Criminal Code.
Proposed Repeal Of Certain Sections Of the
Law Relating to Murder.
THE FIRST VETO OF THE SESSION.
Message from the Governor Con-
corning Last Years Bills.
A. Mid Lecture to the
Legislature.
"Doss Tweed's" Case Not to Come
Up in the Supreme Court Until
the March Term.
Rapid Transit Schemes and O Cross
Town Railroad.
The New Capitol Job In
vestigated.
A Mid Lecture to the
Legislature.
Rapid Transit Schemes and o Cross.
Town Railroad.
The New Capitol Job In
vestigated.

vestiGated.
ALBANY, Jan. 81, 1872
Itwould seem that the Legislature this session
will settle the law IN relation to murder In way
that, win give the criminal less chance Of escape
and the Jury that tries him more latitude than the
law now allows juries 10 take IN considering the
various degrees OF murder and manslaughter. At
least, Senator D. T. woods bill, introduced to-day,
points In that direction. The bill is entitled IAN
act to amend section of title chapter 1, OF the
fourth part OF the Revised Statutes
IN RELATION TO MURDER
and to authorize the Court In certain cases to re-
duce the offence to murder In the second degree"
1t repeats section Of chapter 1877 passed April IL,
1862 and amends section OF title /, chapter l,
OF the fourth part OF the Revised Statutes, that
the killing Of human being, unless 1t be man.
slaughter or excusable or Unsuitable homicide, as
already provided by law, shall be murder in the
following cases:-First. when perpetrated from o
premedtated design to effect the death of the per-
son killed. or Of any human being; second, when
perpetrated by an act imminenty dangerous to
others. and evincing
DEPRAvED MIND,
regardless OF hfe although without any premedi-
tated design to effect the death OF any human
being; third when perpetrated without any design
TO effect death, by person engaged In the commits
non Of any felony. In all these cases the killing
shall be deemed murder the first degree, unless
the Court as PROVIDED for by the act, shall adJudge
It TO be murder In the second degree. The jury
before whom any person indicted for murder shall
be tried and convicted NAV. II in their opinion the
OFFENCE proved should not be punishable with DEATH
certify In their verdict Of guilty recommendation
that the OFFENCE be reduced 10
MURDER IN TIE SECOND DEGREE
ana the Court upon receiving the verdict with such
certificate, may In It's discretion determine whether
The offence proved should be deemed murder in the
nrst or second degree, and give sentence accord
ingly. II any person indicted for murder shall be
convicted by confession' the Court snail inquire
into the circumstances OF the affair charged and In
its discretion adjudge 1t to be murder in the first
second degree, and give sentence accordingly. The
bill also amends section OF chapter 1877, passed
April II 1862, so as to provide that every person
who shall be convicted OF murder, which snail be
determined or adjudged by the Court TO be murder
in the second degree. and any person who shall be
convicted OF arson in the first degree, shall be
punished by imprisonment in State prison
for any term not less than ten years.
This hall Is undoubtedly very good one, yet 1t
can be made great deal more effective than 1t
seems to De In Its present shape If II were Drawn
up in different way than 1t has been. 1t Is IN
some
sought for bill or this character should certainly
be freed OF all that may In the future tend to
weaken 1t. 1t has one feature that may not be con-
sidered favUraby by judges who always lean to the
side OF mercy In every where human life is at
stake, and who, even In sentencing man to death,
half believe tnat they are In some way or other
responsible Tor the verdict or the Jury To he sure
juuges of this milk and water class are only few
ana iaL be,ween yet II does not require numbers to
prove that some one may not want TO take upon
N
MAN SHOULD HANG
or 60 to prison. 1reier To that clause In the bin
Which puts u in the power OF the Judge presiding
At murder trial TO decide whether the degree OF
the prisoners guilt should be murder In the first
lac. that the jury and the Judge together have to
come To the same conclusion, that one is indis
afIer all, the Jury simply recommends the reducing
OF the degree, the Judge then has to make the
Sbest use OF his discretion In coming to decision.
THE jury DELEGATE THEIR POWER
~ him as regards the question OF the guilt OF the
1lsoner. How many Judges are there wnO under the
tcumstances would feel disposed To disregard The
il avs accommodation for areduction OF the degree
o. aunt, though they were convinced In their own
IN. Lus that the man should be hungS rhis feature
OF me p ha car Ss be easily amended however
will be made attainaDle without the instrumenlaIy
Of sort Of COMPROMISE between Judge and jury.
y ~ Sse who know bow iuries gel mixed over the
.nreI IeItatl0n lde IN that clause which declares
that 'ismurder In he FIRST degree when the killing
nf Nlnan being IS perpetraied "by an act imIni-
nenllv dangerous toethers and evincing depraved
MIND , sgardless Of nte.n IL may he argued that
his "a ealy no new feature Of
VIE THE Law on MURDER,
but II II Enot It's SO explicit that jures will no
,nnger n Ne the same obstacle to giving verdict OF
Su,iy in cases where the premeditation may not
exist but where the act Or the criminal shows that
he "a .rcu, Gess OF lfe." Take tor instance the case
OF Foster tive carhook murderer. 1t IL the pre-.
meditation Hoint That troubled jury IN his case for
a fine Th were not clear ABOUT 1t. out they were
scnabe emo N,n to see thai the idea OF the law was
that II man STRUCK another with weapon which
In nine cases Si' " ''n "ouiu cause nea'n he YVES
clearly .,ro.pr,nss ~, ,,
This MONTHS now made clear by this bnl ana so
juries IT beco ses .a~ WI no ionsei nave 70
a nv nSremeditatit " when the killing was oone 10y
s ~ %" . asnraveo m ND regardless Of liie."
"s ~sP wv MOSS -T0wN RAILRoAD
Tho nil 70 anrho TIE the transportation OF passen.
rs IN me CIV nj Jew YORK by means OF street rail-
su,s -, ne construe Ted through certain ST and
therein s a% d po%S % iSpSTaoFs
=; e. cary, VIZ Saer. Alexander Shaler.
cnanJi' piInourn 4. Nelson Gere, J. II
Liebenau Frederick LA shrieS p w. noa'9n =.
waiter Iadiew 1a * Df E. T. S EoSa " AZ T.
9 4are e'h Ward Ia. Nes T. Burdlck, Matthew
Patten Dayton s. Nor. ~, , A. " igu .,g d u u
Poole, ]. ID. Decker, J. s. Due, =; W, hnue, Z: "
Johnson, George II. Alien. ~ u; ifacJ, u. ". Sey-
mour 7. Ellery Lord &c ske H. WEIGH anomas
Norreu, Robert Murry. Jt Nn H. WASH lash, ne D,i.
authorizes the corporation CI9n ooupie " singe
~ p,va
me foot OF Twenty sire. S2Isn nise., cneS
through and along Twenty. sssu suSe, 70 Easm.n
avenue thence through ana vus T,Sn w. as 49,,
70 Twenty.sxtn street, tnenc. ewsnue ,hancs
Tweniy. sixth street TO Seco eu syomsS, ,,
Mlo ss , n tnrouvn and a. ong Thirty-fourth
street to the East River. thence wsui nis s,ivusn
and along Thrtyiourth street 70 &c e ~ vsaatv
thence through and along SECOND wsnn ,e
seventh street. thence through al :" nwns ,rn
seventh street to Eighth avenue ssere WI vusr
and along Eighth avenue 70 TweD .y.nnu sueer
thence through ana along Twenty MIRO stIeel 10
the North River 70 connect with l. te 'Iaon a. tne
foot OF Twenty third street. The Talts prescribed
for the use OF the company are " the KIND
called "Phladclpna rail-" The bill pNovldes tnat
cars shall he run often as the conven ence Of the
nnDllc may require and shall he subject 10 SUCH