New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-03
THE COURTS.
NIXON CONVICTED,

HNmwNn n
- - conducted very expediuousy, The care began
=. ,,,,sav. the prosecution opened Tuesday, and
- .losed Yesterday. Toe defense Then opened, and
-. - me AFTERNOON the case gwen 70 the jury,
snlunr n conviction.
T,rrieR brady Vim Kress and Charles rllly testified
s- IN. prosecution TIE efect that FhFfer's white
80 as hanging across the hpvse's meek and Al
,,e On he crouD& The arSt witness fer the defense
rs ueuEy Bedford who Phyfer stnke Nixen while
h 4,rte- was dr1 wing back far BE coud the
aud a. r!se waCrn. The evidence Of Henry Johnson,
eolored whitevssber. the substance
rreess vac then taken, -Iser which the prisoner was
plseri upOn the stand aRd testified AZ follows
NJ name r. Michael Nixon; I a bilhposter; was
rnred bv THE Grand opera House on the DAY Of the
shoofipr vas riding IN a wagon had been putting up
come bills FOR Mr. Day; having done my work, was
coming dOvn the SJwery. Cathsine-st-- when
met this man Phyfor) horse; ASKED hun 10 set
,,ur OF tae way: be card he woulS said, All right
and vas going away, when my vaeel or soHe-
thing touched hss horse. Aad he turned around
and took Ehihietree Ike this one. vsth
uhica be srroCs az me ~ OF seven umess
tod him several times 70 50 a~ay, but he
vorld NJ; znBe he strRck my wsieh chain and
broke II ioS 70 ,st from hrn. and went 20 the
ba-k Of the waon there vas snow oAnk aSonsae the
wssun and ahoasht % jump or but Wa afraid thaI
-shf break nv skull very much excited AZ the
tine shot hyfer; ths pssfol vent oh can't say that
7ulled The r-irrer: very much frightened and
excited and did not kasw what was doing was N
fear for nv lfe.
Mr. Pbeps asked the witness 70 describe TIE alterca
non betzesa himself and Phyfer winch be did almest
III The Saas words as Ga tAe direct examination. Attic
,,rclustr Of the prsSa-rs testimony DIR Rowe asked
for -ief cessation az business allow tame for the
arrival % witness Shom bic associate, Mr. HunIEel,
had sure % procure After waiting feW minuIes, Mr.
Humms appeared without the missing ~itSess,
vhereuTou M Howe closed las case and
aIrH i'm an - 4 as
q take The evi1eRce account. ans not 70 ca sn
uz a. the grave ~ murderer without being fully
convinced beyond tire possit ity OF dcugt that he i
-alt7-of the Of murder. Counsel reviewed the
testimony IN depaA and made earnest appeal Ion be-
half % his client p0rtrSEtag in vivid sellers the great
evil - cOnvletng an innocent man, A0d Of brsHilng
whele family vita shame
D4srric1-AttorBer Picks followed Er Hsw9, and
caE "a thai tie evidence showed clear caseOf IauT
der he cOnteB&ed tha. no uan could use such a
cu1persJne and heavy Eeapou tserEBifetre in the
mAs1er described by prisoner vheE the witness
stzi without malice afJretn0ught lie went over the
ers-ence IN detail and srgueo tnerefroH that
~ shown for she useor the pistol Mr. Have read q
nsrbe 81 requests - charge which D. handed up 70
tBs Court
.-ldge Brady. After examining INTO then, said be
u-oqld charge them EXCEPTIONS The questions
4B~oived be said vert few IN number although q the
utmost importance prisoner The charge against
THAI Of murder IL the first degree which be
answered admitting the killing bat urging that II
49, justfnabie Murder degree requires two
principal fearure--that some persOn mBst have been
x led and the killing must have been done By pre-
sneditated sesgn The only deIf er4ron required TO
constitute preHedrati0n under law that the de-
sgu must haze existed az the EDe thu deed wac com
United AiGn valve u SET upon human HE by the aw,
and when any one Who Kills another CLAIMS have done
4 ID sedef1Rse, he show that there was reason
able ground hiH believe thar his hie wac u danger
~HH~
injury. rr person thus attacked must he
sItbour faun himself BE mnst NOT have pro
goked tAe attack, and BE Must Dc 20
situated thSt h. sosd not retrest having retreated
soud 20 further without exposing himself 70 danger
Il Il BecesAry that the danger D. real but II is
Becessary Esat should believe BE- de must
deode his pe for s.s act IS - be made the
subject OF jadcial inquiry. In the present u
necessary thSt the accused should wait until ne
Eruck By TIE whifHetree. 81 sztheient that
L pGf AZ such 3 position that It's con
emplated would reszit IN his injury
These we're questions OF fact which the ury should de-
de FOR thesnse@E- The shooting was alIttea ano me
death prOve % have been caused erebT Therefore the
question 70 De decded vas whether the l1ng was done
premeeiEst The Tina question could
ny .. ioase y eSTsa ,S y Inn , a.. ~ ~ ,T
dered The Locality and character OF ss- Wouna we're
asO 20 be regarded indication OF the intent Tor
weapon aimed the feet could not De with he same
leadly motive one held tOvara the bead The law
presumed tag man Intended natural resUts Of his
Ih4Ir verdl-s
H. Honor reviewed portion O. the evidence-that
ErdinC he aslur and finding OF the whdferreewhich
le Considered bearing chiefly on the case, and told
Sbsher the accused acted az done under
he aw EIth regard 70 the requests 70 charge Judge
Brady sad h -fased thai one saying tlat u tbe pils
sner did not intend u XII, e1t unntcessariIy toSk
nee. He dld charge, however. Ehat II the deceased
g. the tIue u the shooting Was committing al
. "a ID ae ur could md Serct Of ulaHssas5teT
the second degree The other request whlcn " d.
.Ined - that Il the Jury had DOUBT on any
spchc fact Beees4ry verdict they sDon4d give TIE
ysoAef lie oeneni Of That doubt d th4Igeo Ia y
hey had any dOubt the whole evidence they should
the prisoner De tod the Jury that II they
think the 01snse vac murder nrsJ degree,
hey lad TIE phvsea % night 70 End a verdict mur
der IL TIE second degree OF OF manzaaghIern TIE nrst
-eoono, third " tOerth degree
TIE VERDICT
Tie jury retired a. $40 p. u. - deliberate and re
u-nec 80 p L. looking very sober 81 70 justify
DE which had preceded the that they verdict
Sas Tie highest degree OF murder As soon a. Judge
Brady had taken s seat on the bench and The District
Attorney and M. Howe. the prisoners counsel haq
Eved the cierk Aaked the i0reuah they LAD agreed
1pon a verdict
TIE FuremaB--We have.
TIE Cerk-What ls your verdicti stand Hp, Nixon.
The ClerE-In what degree Murder IL. the first
Aegree
he ForeuaD-Nureer N the first degree.
NJ howe-Please poll the Jury.
NJ sparkle then pooled the jury askingssaeh member
snsvr ne prisoner the trying ordeal without
anehag. BuI said "a Mr.. Hummel be sat DOM
W lr harder them than me-
Dsruct-Att0rney Phelps moved for Judgment the /
fef4cL dr.. Howe SAID although % prisoners
ris would lie ieOpar1ized by the passing OF
.t lt would move the cOurt defer until tomorrow
~ DAY TIE passing OF senLsuCe Judge Brady
rped shat 20 the other buldiugs clerks ONCE
lg closed certain prolunnatles regarding the death
sarrzut could Ice arranged he would therefore
prp0ne sentence until to-nsOrrOw az n. The I
rot then adjourned, LIE Jurors beng discharged for
10 Tern.
tae foreman II the jIrv questioned by reporter
N IHE TRIBUNE a. they stood after retiring Mr.
t5laeniSerz answered: My dear sir, you have