The New York herald., 1873-07-03

whether there was strong and satisfactory evi
dence that the prisoner was placed In such posi-.
- far as the rule ought 70 90. lff fHM IN
THE LETTERS OF THE DECEASED.
the first of which were written in 1871. and they
were addressed to the prisoners mother. They
were all written in the month OF July. ls1l They
all relate to matters relating TO the execution oil
certain legal papers although they were all vulgar.
dirty things The jury was to consider what was
that sctuated the use OF threats 1t was right to
say that these threats were In violation OF the law
and that the deceased could have been arrested
and bound over to keep the peace. The matter
complained of in the letters was ultimately SET
tied, and the delay in settling was occaslo%ned %
next series of letters were IN 1874 and contained
similar threats. The effect OF these letters was
very much intensified by their coming before the
for the jury to consider was what efeOt these
threats had upon the mind OF the prisoner. That
was the only point for the Jury to consider
TIE INSANITY or THE PRISONER.
In relation to the degree OF insanity set up 1t
must be satisfactorily shown, according to q recent
capacity to understand what he was doing, and did
not know when he did 1t whether 1t was right or
wrong. The Judge ampllnea on tnis point ana
points Of his charge, and directed the jury to re-
tire to their room. n foi
EFFECT OF THE CHARGE.
1t required three hours and twenty minutes to
deliver this long charge, but during its entire
length steady silence prevailed throughout the
prisoner and his relatives listened with intense
eagerness to every word OF It. On the prisoners
iace was occasionally look OF utter Weariness as
passed away and left him with no hope
but to have 1t soon ended. On the mothers
bic, the look Of sharp expectancy is visible close
following and analysis OF every word. as II she
might De one OF the s counsel and was watching ior
an unJurylke intelligence, and the crowd, which
had perspired uncOmplainingly in the court room
s When W tbe s
Mr.. U'C0nOr presented list OF
REQUESTS TO CHARGE,
which the Judge had passed over, and requested
that they be now included in the charge. One was
that the prosecution must prove that Of the four
one red and not by the e. other I'll = three % which might
have been nred by accident; put this the Judge
declined to do
THE JURY THEN RETIRED,
about thtrty-five minutes past t0ur O'Clock, I'm
the charge OF two officials Of the Court The pris-
oner retired into an inner room where he was sub.
sequently joined by his relatives and friends, and
the spectators remained in their seats and dts
cussed the possibility Of the verdict. One hour
reasonable probability that the Jury had disagreed
and wound require some time Tor discussion, and
Judge DAVIS went home, leaving word that ne
they sent for him. THE great mass Of the people,
however, unaware or this remained In their
Seats and patiently waited waited for the verdict"
One hour passed; the crowd still held manfully
to their seats. Esl
hankering women gave way. They sadly fled out
OF the ain court room.
Seven O'Clock came and among the little knots
OF patient walters bets arose. Odds were offered
and refused that the jury would disagree. ,...
Half-past seven, and 1t becomes known that .
room, Consulted with an ofiicer and been driven
away at breakneck speed up town. Judge Davis
lives in Filtynith street, and 1t win take the driver
an hour to reach and bring him down.
CORNER ON TIE VERDICT
suggested itself to knowing ones, and odds are
offered that the jury VIII report in an hour and q
half
At eight O'Clock the crowd begins to augment.
and Jake" lights up the court room. sensation
that the District Attorney has been sent tor and
Charles OConor happens Or moment at mis- desk.
The natural inference strikes everybody that the
jury are coming in, and hats are doned.
THE PRISONER WAITING.
During all these weary hours from the moment
weariiy up and down the moor Of the supreme
Court Chambers, where Stokes and Foster plOdded
their weary way when waiting i0r their own dis
woman in her devoton-awaited with him the de-
liberatons oil the jury, and by smile and a word
or two OF encouragement lnstiled into his own
heart the hope and courage that animated her.
THE COMING OF THE JURY.
At a quarter past eight the rap OF the Marshal IS
Davis walks into Court Directly behind him came
the Sherin's officers, next to them tine prisoner,
erect; behind him the mother, on the arm OF the
Rev. Clarence A. Walworth, and following them
General Hardin and his mother and the remaining
relatives. Little Tracy, the young brother,
threaded his way cheeriiy among the taller hu.
manity, clambered over his brothers. knee and
took his seat beside him.
Then the jurors, released from their four hours
confinement dropped into their seats, and Assist
ant District Attorneys Rollins and Lyon appeared
in their places. The bustl1ng O'COnOr stole IN and
TOOK position at his desk while Messrs. Garvln and
Beach. OF course, and District Attorney Phelps
were still absent rn. ,,,,
''How say you, gentlemen Of the jury?" rang out
the clear voice OF Mr.. Sparks, the Clerk OF the
Court, amid silence that was oppressive. "Have
you agreed upon verdictW
"We have" replied the faint voice OF the FORE
man.
PAINFUL MOMENT.
An almost intense suppression OF breathing was
noticeable throughout the court room. The pris-
rigid as marble. The mother put her hand to her
breast and leaned her head intently towards the
jury, while over her lace hope, fear, doubt anguish
chased one another In q rush OF varying emotion.
The Parian marble for once had lost It's coldness.
''Gentlemen OF the Jury" continued the clear
voice Of Mr.. sparks, 'stand in your places"
The jury rose up
"PrisOner, stand up"
The young man rose instantly as erect as pine
and turned his youthful face rigdy towards the
twelve men who held his life in their hands.
Prisoner iook * upon the ~ jury How low say I you. gen
crime charged against him 7"
Foreman-Guty in the second degree.
Clerk-Of what-of murder 2
Foreman-Yes.
Cierk-How say you, then You find the pris.
Oner guilty OF murder in the second degree and not
guilty Of murder In the first degrees
The foreman nodded his head.
$50 say you, all OF you 7"
The whole twelve nodded their heads.
THE EFFECT.
The prisoner had received the blow without
change OF countenance, and when, at q nod from
the Clerk, the jury sat down, he, toO resumed his
seat and listessly loosened his necktie. His
mother turned toward HIM one look oil affection,
and as his weared eve caught hers she turned the
look into o smile, to which the prisoner wearily
responded The rest ef the relatives sat around
undecided whether the verdict was triumph or
not and little Tracy, the novelty OF these strange
proceedings being over rested his head upon his
brothers. arm and gave way to sleep.
BILL OF EXCEPTIONS TO BE FILED.
Mr. O'COnor, after a short consultation with Mrs.
Walworth, asked that sentence be deferred until
counsel could file bill OF exceptions. Judge Davis,
after some discussion, agreed 10 give him until
Saturday and adjourned the Court until tnat day.
The prisoner was then taken into the antcroom
and soon afterward was returned to his cell in the