The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-26

to such crimes, but the honest verdicts OF juries
He cautioned the Jury against being influenced by
the ohivalrlc appeals OF the prisoners counsel
They should not, he said, allow themselves to be
hsodwinked BY ingenious devices and cunning y
shooting with intent TO kill 1t was time that
jurors began to wake up 10 sense OF the high ana
sacred duties imposed upon them ana rescue ne
Courts from longer being byW@rd ana iaughing
stock. Things had come 10 such q pass NAV J, ne e
verify believed that II CAIN was 70 nc uieu touay
for the murder OF Abel he would DO acquitted, III
On no other ground on that OF emotional insanity.
After reviewing the Testimony he insisted, In con-
cluson, that the inry could MOI DO Otherwise slian
was 0A"'s JUDGE paADy's CHARGE
Judge Brady followed in a brief but clear and
comprehensive charge. The defendant he SAID,
was charged with very grave offence. IL was
denoe The charge against the prisoner WAS intent
to kill They must be satisfied OF such intention
intention could not always be determined by actual
proof IL was TO be detected by all the surroundings
Of the case. IL was often exceedingly subtle and
It's determination required the utmost Jelicacy OF
analytical research. They must take int consid-
GRAFTON the weapon used, the mode OF attack, the
character OF the utterances by !he prisoner. They
had no right to assume that he had Intended the
natural consequencesof his act The question was
whether he had intended to kill Lockwood. This in
tent mightbe found at the moment OF shooting. his
province was to define TO them the law and theirs
to find the facts Next to the fact OF the shooting
there was JUSTIFICATION OF the shooting. They must
remember that The difficulty eliminating in the
shooting occurred on the morning OF the day pre-
vious to the shooting Asufncent interval had en-
sued for the prisoner to get over his undue excite
ment and his passions to cool. II he had intended
to kill Lockwood, then he was guilty of the charge
preferred against him. Ii he intended only to do
bodily harm and not to kill him. then he was guilty
OF felonious assault with intent 70 90 bodily
harm. He defined the law as relating to these two
classes OF offences and then recited the facts OF
the case. There was quarrel between Lockwood
and the prisoner. The former slapped Magruder
in the face. Magruder said, al will shoot you to-
morrow" There was no chvalry in such
conduct. However 1t might be regarded
elsewhere, it was not TO be tolerated
troll their deliberations The offence was against
the people OF New York. There was violation OF
law. II the evidence showed that the prisoner
was guilty OF the charge preferred against him it
was their duty to find The verdict the same as If
Lockwood was present. They were to give the
prisoner the benefit OF his previous good charac-
guilt to give him the benefit OF the doubt They
must decide the case solely upon the evidence, and
net be Influenced by any FEELINGS OF sympathy for
the prisoner. With these remarks he left the case
in their HANDS.
VERDICT AND SENTENCE.
The jury at once retired to deliberate upon their
verdict. The crowd still fingered, ana OF course
various specularions were indulged in as to the
probable result. Meantime the prisoner, who
Seemed the least concerned Of any, cOnversed gayly
with his friends At the end Of three-quarters Of
an hour the jury returned. Their verdict was
'Guilty." The prisoner was asked II he had any
thing to say why sentence should not be passed
upon him. He answered, with laconic nonchalance,
"Nothing." The Judge at once proceeded to pass
sentence. few words closed the days drama.
Judge Brady, after calling attention to his fair and
impartial trial and the verdict OF the jury said he
felt it his duty to make an example of him and SEN
fenced him to State Prison. for ten years. the full
Magruder gave no token OF the slightest emo
ton. He listened TO the sentence with the same
indifference that characterized him through the
progress OF the trial. Subsequently he shook hands
with his friends with as much seeming unconcern
as If he was going away on pleasure excursion.