New-York tribune., 1873-05-09
The COURTS.

BLEAKLEY CONVICTED OF MURDER IN THE
SECOND DEGREE, AND SENTENCED TO I'M
PRIsONMENT FOR LIFE.
The Bleakley trial drew rapidly to a close
yesterday. Nr. Hall completing his summing up before
the The proceedings Of the day taken
entirely by addresses 10 the jury and the latter
OF the ordinary style, embracing the usual contestng
arguments Of the counsel for the prosecution and do
fense. the interest tagged until the delivery " tho
Judges charge. Mr.. Hall severely crtiscd the test.
mOny of Drs. Hammond and Cross, VINO affirmed The
prisoner TO be He claimed they had 10 this
without any knowledge Of Beakley's anecedents. and
having made up their minds. they Ike all med
ical men, were notorious for sticking 20 IT, He
called DR.. Cross, a medical detective, and said that
Bleakey no simulated insanity in bis attempts at
suicide than any part OF his former conduct MT HAN
said be would rather have his own daughter tut 70
death than have her lead the lie of shame that Bleak
ley's niece did, and he drew from that highly coOred
picture Of the grief Of proud man Ike the prisoner
when compelled TO witness the dlshonor Of bis own
blood and the terrible wretchedness hich had drych
him at last to take her Of by pistol shot knowing
at the time that the saving OF her in this last eK
tremity meant perhaps the death Of himself
After recess Mr. Phelps began his address, which oc
cupied O'Clock. AIudng to the uncontradiced
fact that Bleakey had really committed the deed. he
put the query connected with Mr. Halls last statement
who tell that 1t was not Bleabley bmaelt VINO
drove his from her position as an honest domestic
to house Of prostitution The testimony, both oi the
prisoner dnd his surviving niece, LOte showed that
his treatment Of the deceased had been bad and she
had lived in continual fear Of him. In regard to
the insanity plea, Mr.. Phelps said that IL was
impossible to predicate insanity by tie act Itself, In
refutati6u OF the plea OF the defense Of absence of
motive; ana he alluded 10 several cases OF murder
murderers fire repeatedly into the dead bodies o tler
in the madness of pas ion Ihen ne words "a
RIf4EI IN
killed his niece and going % give himself up,"
showed that he was perfectly cognzant OF what nc hd
done.
At GOs Judge Brady began his charge to the jury,
which lasted about Is minutes The important portions
Of il are subjoned:
case SO 1t il because upon The iss' proD"by VIII Dc
pend the question Of lie and detth II Is oLa,
therefore, you TO approach without 70 errnce
TO pGDlG esir S1Os jbSe 6 fb1 bo Tor veace
The prisoner rra-ned before YOU for mnrder IN the
] ns1 W e61i two Lines sboll canr Flst flat f6ers
shall be the killing Of human beng ami, second that
61E tE Ilo1i In tep ~ wr NJ , fber brid 1t univ bs
% i,; ~ ~ 49, m 49, 90, b,,t IN, rCrti1,, 80 D,
fatal blow Vas dealt NE .ine o0ntsu.lat a Dy the
law NAV be t the instant o. don, the fatal decd. It
needs no OJher dClDerauOn. II, Tor example, aI the
moment OF pulling the tr-ger the ntoIt enters tho
sufficient compliance Wltn the statute % establish the
existence OF premedltatcd design. Ia tA-5 the
snootng Is conceded and death shown 20 have been
the result The only question eit Therefore, on that
branch OF the case is was II committed wl.l pee
meditatcd design to effect the death oi Maud MORRILL,
On the subject Ot design tDs character OF The weapon
nsed the locality OF tue wounds, tue auluDet Ot
shots, the motive, all these ars important on
that question. II is an operation of the
mind II Il true bat il IL nevertheless thing whi.h may
be brought TO light exposed, and determined oy c0nad-
Grafton OF all tho facts and circumstances surrounding
homicide The conduct OF the prisoner, aud tho cie-
ments % which have already alluded. Iou are % say
whether under the evidence you are satisfied ina. ts
crime has been committed or, II not whether thc prs
one il on
murder tie second degree OF mdn>luchrtr n any OF
The four degrees don't know is claimed on be.
half OF the prisoner this that 10 I le ll .uy %
the degrees OF manslaughter.
Mr. Hail. addressed the jury upon the theory that
all the prosecution could possibly claim was that II was
mansIaughter IN the third De gree
The Court-Yery well; | will cOnfne my attention %
manslaughter in the third degree The difference be-
tween murder in the trst degree and m2nsaUgtcr m
t mind decree is tbat i'm me one the intention 10 XII
must exist and IN the other the killing Is without any
intention 10 Kill. The gut Oi any 0uense, even II )ou
find the elements OK crime 10 exist dcpchs upoh zoe
result at which You may arrive upon tuc defense of In
sanity. The legal rules 20 which deenes ot ls char
acter are TO be subjected. ana the Mqriry,
insane at the time Of the horicde Was be in OtGer
words at that time laDor.ny under such detcc. Of
reason from disease OF the mind, not % know the
nature and quality of the ACT De Wis dOuri O " nc
nd that he did NOT know ho was doing wrong This Is
an Affirmative defense, and must bp satisfactorily
proved. The deieudanPs case presents 10 you
evidence OF eAc.Sealty Oh asFo'].LoL, ] ID. l i
aud depressed the prisoner until ne became vc'n 20
the disease OF melauch0.a. lis intent m killing Is
Wen worthy careful handling lie Was impress T. t
seems by theldscrace his family which tuc uuiof-
unate career niece had Uccasonei, charging ~
as he did The cause of bis sister, uoath "4a 'H'9
an tmpelnc cause which mIsAt Influence lnIt sHdcl
bnt sane person who thought himself tne SuaIdiaA ol
his family hOuJri ,
lie does uot seem 70 have been delc.cu, ndsr,tnd
ING u Lls various YCisstud.s Oi ule wnlI Ls should
do on the contrary hr appears tO Dave utrh tlit 70
pass through tuem mp tO The time, at least OF t ohi
uIde, with ordinary lutUhEchcc ald success ~ uo
say 10 Won hetc tiIs CO.s CtOu that mere uucuu
trolaOe impulse, with fuh possession or l'tson'uS
powrrs, viii warrant an acqutlh on lhe f"ulh v'
INSANITY. Viewed i'm the light OF u the iarts a' car
cnn,stapcos was the prisoner aCtuatcd Dy anger pas
luiui which prevented linn NOM properly apli'tl'.hs
the act doing, or that lt " is WRONG a. i "a
from either Of the causes named, Otici yuan 'i, l
sanity suggested, he must answer iot Al' v'. 80
YOU must say 10 what extent whether OF ln"D'I VI
mauslGushtcf. .., .,.. o.. -. ..., .,p.
ettfob tle eNecutlOnDr Ui MAUD Mclt.l- l4e N4t"t
taI ~ Nature gaN0 him no such coinm'-io'. lt Nls
not for h 10 take away that Young me Nh.h llikH'
have yone back 70 the moral world Whlch d. ht4 Ici'i
l1erer1tfd d-euthfacd. Icr career may nave ait,tu
6D mind of the prisoner. or have aroused ms pA'5us
ana sD flr as that bears upon any question su't,
,ou ts snfitlc 10 have J. regarded lie H Weo NHt'
- r,, sounble doubt which yOu may nave Ol 10
S.r,,nsed the doubt should rest hlOu ooueihuk V.u
man svmpathy; thing uOt speculative bu. go
Vnn ltI the right % IND The prisoner kui.9 Oh Nv.
tl An me- irst or second degree mtnSaugh,ei ~ ~.
SS,r asrrees. Call your faculties utb operation ai
Weigh aIl the testimony Witl care tulb ana lini
and Give the verdict yOu think J-sb Nl.lVu' Ae'" 49,
without favor. ,,s
Al about % minutes past the charge was eoneu''u
rnd,e Brady frankly telling the Jury that a. 'ne '.so
had occupied some ume and was OF SUI"
portanso 10 warrant 10. lie should deom u us ~N'