The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-22
Of contrary proofs to have Intended the natural con.e.

Of contrary proofs TO have intended the natural conse
What was his condition as to sobriety > '
View the case gentlemen, by the evidence; reject
whatever has reached your hearing from any
VINO have testified before you. Do your duty as
your consclences dictate under the evidence, and
as your 0aths demand. Nothing can be more hor-
rible than the perjury OF juror. whether IL be
perjury to set example to the community or
whether 1t be perjury to shield from consequences
in either aspect may not be discovered in this
world, but Il will be known to the Almighty and
everything God. whose name each OF you Invoked
IN the solemn words which conclude the oath that
you nave respectively taken as Jurors In this case,
$50 help US God.n
The jury went out at quarter to eleven. and at
half-past eleven re-entered the court room. Tho
foreman stated that ole or the jurors desired to
look at the pistol to see whether it fired of easily
or not
Assistant District Attorney Russell said he had
no objection to the jury inspecting 1t.
Judge Beach, however. objected TO the jury ex-
aiming the pistol, inasmuch as Ii had been
handled good deal since the occurrence, and Its
present condition was no evidence OF how 1t was
when 1t was exploded.
The Recorder said that II the counsel objected he
would not permit the pistol to be shown to the
jury. They were instructed to retire for further
deiiDeration. At a quarter past twelve they init
mated to the officer In charge that they had agreed
upon verdict, and they were brought into Court.
messenger was Immediately despatched for the
Recorder, who was not in the building, and in the
meantime deathlike Stiffness pervaded the court
room until the arrival OF His Honor. Those who
PROGRESSED 70 be good physiogn0mists read in the
cOuntenances OF the jury verdict OF guilty OF muir
der, while some OF the friends OF the accused In
dulged the belief that Sharkey would only be con-
yicted OF one OF tho lower degrees OF manslaughter
The Recorder arrived ut hali-past twelve O'CLOCK,
ana the Clerk proceeded to call the Jury. In re-
spouse to the usual question as to whether they
had agreed upon verdict the foreman said
GUILTY OF MURDER
IN the first degree, with recommendation to
to mercy" Tie jury was polled at the request OF
counsel with the same result.
MIR. Beach then made an eloquent appeal to the
Court to request the Jury to state upon what
ground the recommendation WAS made in order
tnnt the accused might have the full benefit OF 1t.
His Honor said that II would be establishing a
bad precedent and refused to accede to the c0unses
request.
Counsel then asked that sentence might be post
poncd till Monday III order to afford HIM and his
associate time to make motion for q new trial
upon the ground OF mlSdlrection to the jury
The Recorder granted this motion and directed
the prisoner TO be remandcd till Monday morning.
THE PRISONER.
Sharkey did not manifest much more feeling
upon the solemn decision OF the jury than he ex-
hbted during the trial. Sheriff Brennan and his
assstant took him IN charge, with whom he con-
Vcrsed Ill unreStrained terms after the court room
was cleared. An Immense throng gathered around
the court room to witness his departure from 1t to
the T0nibs where, In all probability he will expate
his offence upon the galiows. There were only two
was progressing none OF which will invalidate the
verdict,