The New York herald., 1873-02-16
THE IRISHTOWN TRAGEDY.
Conclusion of the Continuation OF ths
Speech for the Defence Summing Up
by the Attorney General-Judgs
Dalrymple's Charge to the Jury.
THE VERDICT.
Solomon David Moore Convicted Of Murder n
the Second Degree..- Sentence Deferred.

M0RRIsTOwN, N. j.. Feb. 10, 1879.
The trial Of Solomon David Moore was resumed
at the opening OF the Court this morning. M.
Cutler continued his address for the prisoner, ana
after commenting strongly on the weakness OF tas
testimony produced by the State, concluded oy
feeling appeal to tsss jury He Wa iollQwsa y nss
Mills. On the same side, who spoke until recess.
Tue speech OF Mr.. Mills was very strong one, his
principal argument being that the evidence pOinted
more strongly against Thomas Madden than
against Solomon David Moore. The address 90
cupied three hours in delivery.
After recess Attorney General Gichrist c0m-
menced the closing address for the prosecution
the court room being so crowded that It was Il
most impossible to breathe.
The speech Of the Attorney General was very
mastery one, and at times very eloquent. The
case against Moore was placed in as bad light a.
possible He contended that Thomas Madden was
in no way implicated In the killing; the story
Of Moore being SO contradictory that Il
was utterly unreliable. The story Of Moore
was cunningly told, but 1t lacked the
elements OF truth and conference. When he found
the condition his wife was in ON the fatal morning,
and II he believed that Thomas Madden had killed
her, why did he not alarm the neighbors, have
Madden arrested and brought to justice, instead
OF pursuing the strange course which he did
ereds When he spoke Of the voices which he
imagined he neard-voices crying out on the 10Th
of November, "Dave Moore has killed his wife he
should be hanged without law or justice" 1t was
the accusing cry OF conscience which spoke to him
in thunder tones, saying "Th0u art the man."
His flight was another circumstance OF light. He
ran away with she intention Of giving himself up
he said, but he did not give himself up. He went
to New York, stayed there day or t'vo, and then
N hnrxs SfoA
He ran away the second thine, and dis.
tsVp fSe question for the jury Would be to determine
what degree Of murder the crime was. and to
charge man with the higher grade of crime
when there was q lower one was a very ungraciOus
evidence and their oaths. and leave The fesponsi-
The Attorney General then expned the degrees
of murder as defined by the statute, by calling upon
the jury to do their duty to the State and them
The prisoner was visibly affected during the At
torney Generals address, and devoured every word
that tell from the counsels lips.
THE JUDGES CHARGE.
Judge Dalrymple then proceeded to charge the
fully, and If they considered that the State had
failed to make out o clear case against the
prisoner he was entitled to an acquittai; but II II
The Judge then proceeded to carefully weigh the
testimony, and very clearly showed the dinerence
that existed between direct ana crcumstantisl
evidence II the jury were satisfied that Moore
killed his wife, the next question was what degree
or murder 1t was. 1t was not contended that tho
killing OF the woman was justified; and II 1t was
not justified 1t was feloniOus. But II the jury were
not satisfied from the evidence produced by the
State that the murder was committed with tntene
to kill, then it<was only murder IN the second de-
gree. The defendant was entitled to the benefit or
every reasonable doubt as to the intent to Kill ON
the part OF the prisoner.
The charge to the jury occupied about half an
hour and when they retired much speculation was
INDUCED in as TO the probable verdict
THE VERDICT.
The jury remained out nearly four hours, during
the Court House waiting for the bell to ring which
was to be the signal for the reassembling OF tho
Court. At quarter to nine O'Clock the bell rang .
lively peal and in an instant the court room gal
leres and lObbies were filed to OvernOwing.
The prisoner brought in in the custody
of the Sheriff, looking pale and haggard.
the four hours suspense having weighed heavily
upon him, and feeling OF pity towards the un-
happy man was manifested by every one In Court.
The Jury came IN, and the whisper ran around that
they had agreed to verdict The Clerk called ont
the names Judge Dalrymple took his seat upon
the bench and the Crier proclaimed the Court
opened.
AMID BREATHLEss SILENCE
the Clerk said, 'Gentlemen OF the jury, have you
agreed ?'
The foreman answered, "Yesn
''What is itYn said the Clerk.
."Guilty oil murder in the second degreew
Judge Darymple then adjourned the Court until
Monday morning, when sentence will probably DO
passed, and the multitude OF people slowly de-
parted to their homes The jury at the first ballot
stood eight for murder in the second degree and
four for murder In the first degree. Luigi Lusig-
mani will be put upon his trial on Monday.