The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-13
THE JERSEY CITY MURDER
Doris Convicted Of Murder in the
Second Degree.
Whitening Sarcasm on the New York Courts
The District Attorney and the Court Warn
the Jury Against the Examples OF Other
states-sentence Deferred-The Jury
Out Only Half an Hour.

The trial OF John Doris for the murder OF Thomas
Donellan was resumed at Jersey City yesterday
The Court allowed two hours on each side Tor the
summing up. District Attorney Garretson there
upon arose and spoke to the evidence for the State
He was followed by Mr.. Cloke for the defence. Mr.
Albeit followed on the same side.
The District Attorney then summed up for the
State, and closed as folows:-'Gentlemen, II you
allow this man to 60 on the plea Of self-defence
then no mans life Is SAFE All man has to do Is to
take out knife or q revolver and strike you down
on the slightest provocation. II you do not MAIN
tain the law In this State, and II you allow the
same practice to be followed here as
In other States, then you will have
the same difficulty here as in other
States. What is the reason we have not the same
number Of murders in this as In other StatesP Be-
cause murder is punished here, and no man can
deliberately STAY his fellow man and walk or as he
might do elsewhere. The case Is now yours, not
mine. l am but citizen OF this county. You
have in your hands the protection Of 100000 people
in this county, and the people are now looking to
you to protect them nom Such acts OF Violence"
THE JUDGES CHARGE.
Judge Bedle then charged the jury. In regard TO
the plea OF selfdefence set up by the defendant
the Judge said :-"YOu can use as much force as IS
reasonable to protect yourself; but, when party
undertakes to execute the law or himself mere
case that Is UNSUITABLE. Selfdefence Is founded
on necessity, not on false notions OF what peo-
pie regard as their safety. No mistaken
notions OF manliness can be admitted in justifica
ton. Where the lie Of o fellow mortal Is taken 1t
pregnncy IN the Of that xorS
Life must be taken only to avoid destruction or
great bodily harm. 1t must be something more than
the belief OF man. This law OF homicide has been
carried out loosely in some localities, but Courts
have never gone so far as TO admit that the mere
language OF the law the danger must be 'eminently
perious:' The law is not unreasonable, yet 1t re-
gu h 10 IT, man mSs be- vo @ se ra e
Avoid the encounter II you can consistently
with your personal safety and don't leopardize
human life. Gentlemen although 1t Is for you to
say-and you can say-that this man can go scot
free on the plea OF self-delence, the Court cannot
Sit here and allow the assumption to go abroad
that this is case where the Ingredients OF self
defence are present in the eyes Of the law. 1t
would be mockery-
(Here the prisoner shifted uneasily, and there
was some commotion among his svmpathizers in
der under our statute-murder in the first degree,
murder in the second degree and manslaughter.
After defining these degrees the Judge continued
"The common expression, you lie, does not JUS
THY violence Of any kind. II the provOcation was
enkindled by the party committing the act It ala
done their duty; they hope you will do yours. DO
1t to yourselves, to the defendant and to God"
THE VERDICT.
The jury retired ut twenty minutes past three
and returned into Court at the END OF hall an hour
There was quite breeze among the crowd on the
uOOr Us well dS on Vie SdllcTleS Us bic
Clerk, cried out, Jurors, look on the prisoner.
Prisoner. look on the jurors Gentlemen, have
you agreed to your verdctY"
FOREMAN (Mr. TaylOr)-We have.
CLERK-H0w say yeu, gentlemen, is the prisoner
at the bar, John Doris, guilty or not guiltyP
FOREAAN-Guilty OF murder Of the second degree.
The jurors were p0ed, and each answered as
did the foreman, till the twelfth juror Hugh o.
Johnson was called, and he replied, 'Guilty OF MUIR
der OF the second degree. with recommendation
to the mercy of the Court" HereupoA the other
jurors cried out mo, nol' and Judge Bedle inter-
posed with his customary bland smile, "Well, gen.
temen; that is Mr.. JOhnsOns recommendation.
Gentlemen, you are discharged till tomorrow
morning at ten O'Clock. The prisoner may be re-
moved"
What q narrow escape the prisoner had from the
halter may be inferred from the fact that when the
jury went out they took ballot and stood five for
murder in the first degree The punishment for
murder In the second degree In the statute law Of
New Jersey Is imprisonment at hard labor in the
State Prison for twenty years. Sentence will be
pronounced within O few days.