The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-02
DETECTIVE LAMBRECHT'S MURDER
Trial OF George LEvery for killing De-
tective Lnmbrecht-Found Guilty OF
Murder in the Second Degree,

The trial OF George Lavery, charged with the MUIR
der of Detective Lambrecht, was resumed yesterday
morning in the Court OF Oyer and Tcrminer. Occu-
|pyng the Bench with Judge Ingraham was Sir Will
liam Young, Chief Justice of Nova Scotia.
Mr.. William +. Howe summed up on the prisoners
behalf, occupying nearly an hour and half and
his speech characterized by unusual force and
eloquence He said that the prisoner and his party
were quietly, vending their way home, when
one of them accidentally iostled against Detective
Lambrecht and the two officers with him, all OF
whom were dressed in citizens clothes. The lat
ter instead of acting as conservators of the peace
became Violent and one Of them, with police
mans club, knocked down one OF the prisoners
party A general fight ensued and 1t was not
proven, he claimed, that Lavery committed any
aoyert act until he was seized by Lambrecht
lie also insisted that the evidence disclosed that
Lambrecht discharged the contents of his pistol
between the prisoner and his cousin. AS an in
attention to his throwing his club and belt at the
prisoner alter their arrival at the station house
lie insisted that there intention on the part
Lavery to take the life OF Lambrecht but that he
acted in selfdeence.
Assistant District Attorney Sullivan followed in
speech OF about the same length and characterized
by the same eloquent cogency of argument He
denounced the prisoner and his associates as
band OF rowing brawlers, and pronounced
most ruiiianly but entirely unprovoked. dozen
assaulted three, which was very cowardly He
u
cool ana deliberate murder and claimed that the
only verdict the jury could render in accordance
with the evidence would be murder in the first de-
agrcc.
The summing up concluded recess was taken
2lor haif an hour after which Judge In
cnct manner charged the ia ana Sue He
reviewed the testimony at length, and called
attention to the contradictory character OF the de-
PENDANTS witnesses. There was no guide for them
! to follow, and If they disbclieved all these. there
only remained the testimony There was no evidence
from the circumstances must he gathered the ques-
ton OF intent Ii from the picking mp of stone
and the use of all his natural force they concluded
\ that the prisoner intended to Kill the deceased,
then IL was murder, although the intent was
formed only Immediately before the act. Ii that
intent did not exist, then IL was not murder but
one OF the degrees of manslaurbier. whether he
knew they were officers not, he was in a differ
ent position as an aggressor than one assailed.
either SIDE and urged that their only motive should
be that of duty in arriving at their verdict.
The Jury retired at two p NJ, and two hours later
came into Court with a verdict OF
MURDER IN THE SECOND DEGREE.
Mr.. sullivan at once moved that Judgment be pro-
nonnced upon the prisoner.
Mr.. Hummell asked postponement OF the sem
tence until Mr.. Howe could be present. He thought
that this was due both to the prisoner and his
counsel the latter OF whom as was well known 10
the Court, would not have been absent except for
sudden indisposition caused by his lab0rous ef-
forts In the case. He did not know what course
Mr.. Howe might propose TO take in view of the ver-
dict OF the ury-whether to move for an arrest Of
OF lOf Il new tllal-Dut certainly MS pres
ence in the interest OF his client was necessary He
only asked the deIerrng OF sentence till the Court
meet again.
Judge lncraham said that II would be some time
tbefOre the Court would meet again.
Mr.. Sullivan thought that the effect of the trial
would be greatly essened by postponing sentence
Mr.. Hummell strongly pressed his point and the
Court finally agreed. IN compliance with his request,
to meet specially al ten A. NJ tomorrow for the
purpose OF passing sentence During all these pro-
ceedings the prisoner manifested the same stoical
indifference he has shown from the beginning OF
the trial. The general supposition that he
would be convicted Of murder in the first degree, ,
and that he has had lucky escape from the gal
lows, the penalty for the degree OF murder of which
he was adiudged guilty being from Imprisonment
Ior ten years 10 Imprisonment for life.