New-York tribune., 1873-07-03

InkIl0.DTN
statute OF the State relating 70 homicide which sha
now read 20 you. Our statute divides homicide into
varOus classes First, cxcusable; second, lustuaDle
third mansa1gher ID It's four degrees, and murder In
ite two degrees. =.
Having referred the relationship OF the accused and
deceased as making difference In the eve ot the law
the Judge proceeded u need not call your attention 10
the Justifhble Ror under our statute the case
comco IN no respect under f. The statute deeafos,
when committed by any person In either OF the following
eases Fir<, whei resisting attempt TO
felony upon him .or his or upon or in
any drgelng-bouse ia which such person shall he y
Also, tbore must be actual attempt either 70 commt
murder the party or felony, such IA rape upon
woman in which she s perfectly at liberty under hs
statute, 90 destroy the criminal "when committed In
lawful defense OF aiy ouch .perso1, or OF DIS
or her husband wife parent thoSe Seid sha Iia' be-
TeSscSa6 sTound 'rx'p TO ar design Of committing
felony orGo some great persopal injury ana there snail
Ss dSS'F To G III so that s mi, %
tiepS relates 10 Immediate TRANSACTIONS occurring
and rfspoes se rsee these under
this statute " this father attempted at SARATOGA TO en-
threaten 70 shoot her his son ond have been justified
in shooting hm the spot provided tho jury Should gee
from the Circumstance proper and reasonable ground Of
a design 10 commit felony ana 20 her great PersonaI
harU.
himself even 6v destroying life. II the jury are salts
Ted that the imminent dangr was OF such character
that he was justified in believing that If he did not de
prisoner should be acquitted The Prlneipa case OF OF
that kind was the Soors case a pDc tac TarSs
of which i will read TO yOu substituting. them
as intend to Tor aEE Ef a & hse 0s i' Il a
tackled by another In such manner aud under such CIR
nlted person 10 believe 1t is the object of his oppo
nent N away his he and there reasonable ground
for believing the danger immmnent that such designs
wonld be carried out think DE may kill his opponent.
and the killing would be justifabb although 1T may
thereafter turn out that there was no danger to
him, He must decide OF the circumstances un-
der which be believes himself 10 be placed. Now
I think You wli undersand what under our law
tg inst 4
determine upon all the facts presented 70 ira them
and h they do not exist II for them TO decide whether
the killing was ustiabc. II they do exist the prisoner
is entitled to an acqutta We have really no evidence
on fiat subject as 70 the transaction at the time OF
the occurrence except what VIC md IN the statement oi
te accused made before the Coroner and made at sew
era other times after the o1snsc. That statement,
without stopping read TO you Is substantay this
but perhaps shall dc better Jusnce II lread luiy'
sS gsuty Of no crnsi ht treAta nCthsT eus
the property IL trust m,esr and the mI got someinr
@ ,; o. p G ny S e,se, he Tf 70 her, among oef ngs 81.
m your bo a. defeat damud ,cOund bis and cut Of
is S 'Tp'0 sDa .pcIs sS' Of hs, being suddenly
@ ,s,, s %, NOT pre.ent Su as Ii, @, when
tbs loaded pistol belonging to cousin 81 ahe asa have saea
,,. ss y une Clarence walsors has been th he
sSy , p1p@,S @ 20 o ] pfCeasa on SUNDAY
@ ,. 1I1 ID 60 % Europe SP p. e. you'd ,e depend iS % spda
npgyev n wanted Trustworthy sssr9ne hs be would
% sSS HSs % s @ sse mo ny room .sI,i a to s down so
spoke his eopdne AMI saE Promise me hli you S lher
sBT further" he answered II promise" bat With a
s o S1s l Y@ n, 9d he Sa p%D % S'S re a II Ii p
pull s,l an Unconscious Of having hIed more tap
S' rs Ss la.i Dt e not sad Anything during The WbO
That statement gentlemen OF the jury, furnishes every
matter OF fact attached to the interview, Deang upon
time OF course IL ia question net u law but OF fact
for you % determine The declaration OF the accused
under such circumstances are Justly 10 ee presumed 70
have been made az favonble 10 himself as the truth
wauld pfruI That is all feel required " say. The
statement OF the accused 10 giving narrative OF events
are Justly to be presumed by the jury to be favorable
TO hpselt az the truth would permit and you are 10
determine therefore whether there ara circumstances
which led him 10 believe that there wac REASONABLE
grounds to apprehend q ,Iig! design and con-. 9a
minent danger OF such Intentions being carried |
out In the first place considering this branch Of the
der fSar the deceased was invited by thc prisoner
the Interview which they had that morning do not !
mean by ibis thai be was invited by the note which was
left vt the dees aseds bo1sdjngplaee to that particular
interview. The invitation was Ot dileront character
e leit aD invitation saying, Sec me alter an hour or
two" which fairly implies that no would iee HIM that
afsegg92n. Lhst, Of course gave nun notice tai hl:
seeing him for the ppose Of seILiDg family matters
Now, the Distrct-Attoiaey urges, upon You |
IN i'm the ie' evening and probably did not 90. the
note until ateoo late to csI-hgl went early IN t9s
morning possibly 10 anticipate his departure ny 40
early tram DO not efl5ss any opinion about thati t
s Toy r0Ii5 determine lie went at about o'clock in
IMITATION lie went up 20 the bar of the hotel and III
Iuired of The clerk the prisoner the clerk turned to
B T6d sSa 1S3eSTa % Thc "T reply %s % 5 Mr. Val
worth wrote on card which was taken up TO the prs.
es he did not notice the first kQoek al-Qs !
Ey R2esTS TSts,v54 aF''q, an Slm%tP ansTep
The prisoner took the card and said. 81 am not yet UP
ann not DIRE ssed." TieTeupOn the beboy went down
would be down presently. The father waited the
Deboy states. In from hyet Ten or hIteen minutes
)f- droupel lie then again 10 the ROOM
be knOcKed at the door, and the prisoner said Come
n" The prisoner was sitting as boy describes il,
Nv the window, dressed, and with his Oyereoat
ana hat On. he said :" tos rsa peigoy, S1IIlSSr
renTEed ard escorted the father to the room That was
what was meant by the invitation OF the prisoner Tne
prisoner says that the DECEASED cane h,o the room ana
~ rathcr II ms STAYED bv the prisoner from what
@ haard by those persons VINO occupied the adjacent
rooms The prisoner saysI " spoke To him Of has con
iuet% In what nanner or what the was is not
disclosed IL cannot be- supposed that 1t was necessary
10 advise this mau Oi what his conduct had |
In o,sS0So+ p p?Sa So sSs heafd %eS he
now recoIlccts As three words. Home" Mother"
. Life" The strictAttorney claims that these words
Dner presented the subject Is Tor you to oil ny as best
YOU mag from what you consider It s probable was sad
Yuu can II You think proper take this sentiment three
single words M them up as you Justly think the
Ictnal occurrence requires. AnG you have right TO
and of the force Ot thr statement oi the nccused
when he said his father said nothing else that he
thinks Of What the evidence tends further 10 show Is
that speedily after those words heard shot
heard The occupant OF room 40 2j6 soon heard shots
n, rlpidly as pistol could ordinarily DO 3rcd and the
wu cres Of murder Tho prisoner says that be supposed
his father would be armed especially wheu they met
he inferred that he had probably into his presence
armed. He said that just before those words.
:" promise" were uttered, he saw movement
indicating 20 his mind that his father was
about 10 draw pistol Whether his own
statement indicating the presence OF thought 10 the
mind of the accused that he n danger that which
he says m those words; He just before put his hand
up 10 his breast ar IL 0 draw out pistol" No pistol
seemed 10 have drawn OUT. and that though the
body when found little while after had addition 10
its clothing upon nothing except the note which has
bee shown Ia you aud the small bunch OF keys. There
a "a therefore, no real danger and attempt
pistol and IL Is for YOU TO saT whether the father
a that time gave the prisoner the idea that he
ahnut 10 draw pistol anu shoot that he had reason
able ground 10 believe that he was IN danger of great