The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-29
THE EVANS-BRETTS MURDER.
Able Arguments Of Counsel for the Prisoner and
the People-Mr. Howe Submits Nine PROPOSE
tons To Be Charged Upon-verdict Guilty
Of Manslaughter in the First Degree.

The trial OF Jeremiah Evans for the murder Of
Roger Bretts by stabbng him with knife, In Roose
welt street. in April last, and which occupied the
whole session OF the Court OF Oyer and Terminer-
Judge lngraham presiding-on Monday last, was
resumed ana concluded yesterday. The now con-
victed man, Evans, Is not more than twenty-five
years DID, but, as 1t appeared from the evidence,
was long the companion and associate Of idle, dis
solute and reckless young men. On the night OF the
murder of Bretts he was intoxicated, and in the
usual mood engendered by maddening drinks, and
unhappily for the poor victim Of his passions, he
(3retts) crossed his path word, stab,
and Bretts In week after, was another sacrifice
to the lawlessness and disregard OF life which pre-
vail among the class to which the prisoner be-
longs. Circumstances favored the prisoner on his
trial very much, or the result to him would have
been much more heavily felt He was most ably
defended by Mr.. William F. Howe, who succeeded
in shielding him from the verdict which the District
Attorney as ably contended for-murder in the first
degree. The jury took merciful view OF the case
and returned verdict of mansaughter in the first
degree, and the learned and clement Judge, on ac-
count of his youth, sentenced him to the lowest
penalty-ten years.
The following is q report OF yesterdays proceed
ings:-
ARGUMENT FOR THE PROSECUTION.
-, assistant ID. District Attorney Sullivan addressed
better to understand the testimony h. paid visit
to the scene of the murder, 10 Roosevelt street. 1t
was six story brick tenement, with drinking
saloon in the basement where the prisoner was
first noticed the evening of the murder, and up
stairs apparently family in every room. The neigh
boring houses were Of similar kind tenements
interspersed with drinking saloons, apparently OF
low character, and hanging around them he noticed
| groups Of men who looked as If they belonged to
| the ioafer class. Some Of the Easements were
drinking Saloons and in these underground places
the ruilians spend no doubt, many OF the bright
hours OF the day. Counsel then directed
| attention to the straightforward way in
which Alice Colbert told the story OF
she had told them that in addition to the sanctlty
OF an oath, she was In that condition which, as il
appeared, made 1t thing entirely out of the cues
ton that anything could be sworn to of which she
was not perfectly certain. Counsel then went over
the details OF the murder, dovetailing one piece Of
sstibly home to the prisoner. Alice Colbert sat in
Court, with fixed and horrined expression or the
eyes as she followed in Imagnation the graphic de-
scription gwen of the bloody tragedy.
Mr. W. f. Howe, counsel for the prisoner, besides
an able and eloquent argument in defence OF his
client, and which appeared to have its effect upon
the jury, handed in nine propositions, which he
asked the Judge to charge;
was only murder in the second degree If the
prisoner assaulted the deceased with deadly
weapon intending to MAIN, but not intending to
and left the case to the jury The jury retired at
twenty-five minutes to two P. NJ.
After being out two hours, the jury returned with
verdict Of "gullty OF manslaughter In the first
degree, ana not guilty OF murder in the first
degree.n
District Attorney Sullivan prayed for sentence on
the verdict.
The prisoner, in reply to the interrogatory, said,
81 am not guilty OF de stabbin'; was up de Bowery
when he was kiled.n
Judge Ingraham-rm told in your evidence some
things that were certainly not true The jury took
a mild view OF the case or your life might have
been forfeited. have no discretion except to aflx
the penalty OF the law to your crime. might send
you to the State Prison for life: but you are
young man and may reform; one habit you have,
that OF requenting drinking saloons which led you
to the commission OF the crime It is to be re-
GREETED that all the occurrences Of this kind are
committed by young men, ! do not intend to in
nct the utmost penalty OF the law in hope that
when you are discharged from prison you may
reform.
The sentence OF the Court is that you be i'm
prisoned in the State Prison for ten years, with
hard labor,