The New York herald., 1873-09-18
COURT OF OYER AND TERMlMEa.

Beginning the Work or Clearing the
Criminal Calcndar-Fintng Absent Ju-
rors-The Grand Jury mt Work-Ar-
raignment OF Alleged Murderers, Pleas
and Trials.
At length the fall and winter campaign in the
Court OF Oyer and Terminer has commenced in
earnest. There is large calendar awaiting
disposal; but 1t is evident from the man.
ner IN which Judge Brady has en-
tered on his work and the cooperative
zeal shown by the representatives Of the District
Attorneys Office, that they too naturally deter
mined to bring to speedy trial the large number
Of prisoners under indictment now crowdng the
City Prison. Yesterday was the first appearance
OF Judge Brady the bench since his
summer vacation, and large numbers congratu-
lated him on his improved health. He entered
upon the discharge OF his duties with his accus-
toned 1ervor. and before the days work had half
ended had opportunity Tor the display OF those
specially distinguishing qualities both OF the IN
tellect and heart that have given him such eminent
distinction as wise and impartial yet most con-
siderate jurist.
First In order was called panel of petit jurors
Twenty-one deinquents failed to answer to their
names, and the result was prompt imposition by
Judge Brady OF fine OF $3.50 upon each. The Grand
Jury next came, and, alter presenting large batch
dozen or more were all indicted for murder In the
first degree, and all being represented by Mr.. Will
liam f. Howe as counsel.
The killing OF John Duffy.
was first placed at the bar He was indicted for
murder in the first degree on account Of the kill
ing, in June last, of John Du1y. Mr.. Howe, his
counsel, interposed for him plea OF manslaughter
in the third degree.
Mr.. RUSSELL Assistant District Attorney, stated
that on Sunday night, June 10, the prisoner was on
his way 10 Brooklyn, for the purpose OF visiting an
aunt; passing along Houston street, and when at
the corner Of Goerck, he stepped into liquor saloon
2 number OF men noisily quarrelling, among
them John Duffy; he demonstrated with
o np q
broiling. He was abused Tor his interference and
struck twice IN the face by Duffy: Happening to
plunged the blade into the chest Of his assailant,
lnNctlgg wound which subsequently proved
iatai. Ine iacts o. tnescase, mr. Russell conceded,
Mr.: Howe next arose ana made pathetic appeal
i0r clemency. He narrated some additional facts
in extepuation OF the offence, and wound up by
calling Some ehfhently respectable witnesses, who
each and all testified as to the previous excellent
him to be an ino1ensive, honest, Industrious and
highly respectfully connected young man.
sible, and sentenced Courtland to the shortest
term IN State Prison provided Tor by statute, which
was two years.
A Wife Murderer.
Caspar Schenle was next called up for trial. He
been indicted for murder in the first degree,
through killing his wife the 26th OF last July by
stabbing her in the breast. Mr.. Howe said that
the plea of "not guilty. he desired to with
draw and enter plea OF manslaughter
in the third degree. HIS plea was accepted,
and Mr.. Howe then proceeded to recite
the incidents Of the case, claiming that
there was no premeditated killing intended and
representing the prisoner as an honest, nard
working man.
Judge Brady, in passing sentence told the pris
oner that he would take into account his plea and
the representations and entreaties OF his counsel
In his behalf; but the crime was terrible one, and
he must mete out to him severe punishment lie
sentenced him to State Prison for thirteen years.
Mother Killing Her Child.
The above pleas having been disposed OF and
sentences passed, there was placed on trial Mar
celia McKenna a girl, evidently not much over
twenty years Of age, who had been indicted for
murder in the first degree for the killing OF her
child. Before the last Juror was sworn Mr.. Howe,
counsel for the prisoner, said that he wished to
make an objection to the juror, and the frst one
made in any court under the new Jury law, which
makes the Judge the trier of all challenges both on
principal cause and on challenges to the favor. e
contended that the statute was UNCONSTITUTIONAL
The constitution Of the State ARTICLE l., section p
declares "the trial by jury In all cases In which
" haa been heretofore used shall remain