The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-22
Conclusion of the Trial Of VIM. J. Shar-
key fer Shooting Robert Dunn.
Interesting Charge OF Re-
corder Hackett.
Sharkey Convicted Of Murder in the First De.
gree and Recommended to Mercy.
SENTENCE ON MONDAY.

The trial OF william J. Sharkey, who was charged
with shooting Robert Dunn, at "The Place." q
liquor saloon in Hudson street, on the lst OF last
September, which was commenced on Moniay, In
the General Sessions, was brought to o close yes
terday. At an early hour In the morning the
court room thr0nged by the friends OF
the respective parties, who watched with intense
interest the termination Of a case which has
created great deal OF feeling among the pothouse
politicians and gamblers OF the city. The sum-
ming up speeches having been made last evening,
all that remained was ior His Honor Recorder
Hackett to deliver his charge upon the law and the
evidence. His Honor FIRST read number OF legal
propositions submitted by the counsel, most Of
which he charged as requested. He then delivered
the following interesting chargc-
GENTLEMEN-This case now about to be SUBJ
mitted TO you, aside from It's Importance to the
community and the accused and involving as 1t
does the consideration OF an alleged grave crime,
perhaps, single one Tor your deiberation, which,
being resolved by you. will dispose OF the charge.
OF a homicide, OF murder In the first degree, in
having, as Is alleged. taken the lie OF Robert
Dunn on the lst day Of seotemnber, 1872. at the
premeditaled design to elect his death,
That the deceased came to his death by tue phys-
cal act charged IN the indictment Is not contro-
verted, but Is admitted by the counsel Tor the ac-
cused 1t Is the legal quality OF that physical act
your verdict will and should determine. first the
cam I'M Una, sc aEs s e Gma
denies that his act was murder in either degree or
criminal In any respect, but claims That his act was
uninttntonal-waS accidental. Ir you find that
Robert Dunn, named In the indictment, be dead,
and died in consequence OF pistol shot fred by
be, is he amenablc to legal punishment for that
act and an amenabe what me you lega,
no aeaer@ne to aoqat h then what
crime can you, by your verdict, convict him OF ?
The Court Is to instruct you relative to the offence
OF which you can convict Of but you alone Judge
OF what he ought to be convicted alter arriving at
the conclusion that he should not be acquitted.
Before considering the quality OF the act OF the
prisoner in causing Dumas death you should con-
slider the question OF reasonable and rational
Soa sen any Scn as no 70
doubt as to the killing and no doubt to the kilt
ing being criminal, then you may exercise any such
Every fact needlul for the conclusion OF guilt
sought TO be established by the prosecution must
reasonable doubt; all the facts must be consistent
with each other and with the main
sEus' osnerp az
elusive nature, and leading on the whole to a sat
siactory conclusion, and producing IN effect rea.
sonable and moral certainty OF the guilt OF the
legal view most favorable to the prisoner. can.
not, in view even OF the facts admitted or proved
by the defence, perceive how you can wholly
quit the prisoner, yet this opinion should not have
an ws to w'h re the e
pistol was not an illegal act. Pistol CARVING is
q matter OF taste-a precaution OF which each man
must Judge and be ready to take the consequences.
OF, II his carrying aids the development of
any Illegal ACT But oeevs be
che %soesssd although noi intending kar%
was discharged and killed Dunn, then you may de-
termine whether or not such killing considered In
e 81 m Se N ee ss
following statute, which now read
The killing Of another BY any or
Sion IN any cases other herein declared
to be cxcusabe homicide shall be deemed granddaughter
" s?5s s'kISI BY the
killing iu,tiabic escas.ss IS not declared
% sss n S e
fourth degree.
Or gentlemen you may, considering the prison.
ers act by the light OF every circumstance In this
case, determine whether the whole evidence does
does not adapt itself TO the following statute -
The killing Of another 10 tho heat Of passion without
case except such wherein The killing another herein
the desree '"
1t is agreed, gentlemen, between respective
erss of murder in the second or tS
manslaughter III the second degree as defined by
our statutes as the facts and circumstances OF this
case do not warrant their application. The prose-
cution claim that the Killing OF the deceased by the
prisoner was murder in the first degree. 1t is
tated design TO effect the death OF the person
Killed. In considering this statute the main ques-
design To- 70 XIII
on the instant OF killing or Immediately preceding
the act causing the den within the meaning Of
lasts with some people through hours, days.
months, and with some persons may be az quick as
ton In the mind as is necessary to form the design
The premeditated design, however, must
T that and q s the are ss 1as
show on the subject OF generalization is that there
was design formed, and this design to XIII prior
the idea OF premeditated design, that the prisoner
and deceased, prior to the killing, were and had
friends; that their friendly relations had not been
disturbed Until the night OF the shooting; that
prisoner to seek the opportunities to take the lie
OF the accused; that just as the prisoner was pro-
tossing his old affection for the deceased, and with
his pistol cooked, held In Ills right hand and NOV
ing 1t up and down from his outstretched and bent
left arm, but pointed at the deceased, 1t went
the prisoner Immediately exclaimed "Bob did
not mean to do it, The prosecution claim In favor
OF the prisoner to take the life OF the deceased
that some little time prior TO the killing and upon
an occasion when the prisoner was present with
Dunn viii cut you up and that prisoner replied,
.that he would take him home on chip" But
for the subsequent circumstances which attended |
the killing this tact would be aud may now be to
your minds utterly unimportant; but It is Tor you
upon the subsequent conduct OF the pris,
oner towards the deceased In shooting at |
that on the night OF the killing the prisoner
charged the deceased with owing him money.
which the deceased denied, and charged the |
prisoner with having lied; that the prisoner
Immediately applied tie foulest language that |
can be conceived, but which, / regret to |
say, Is the vernacular with many people. II it |
was the language OF hatred, and there had been |
previous great friendship between them, the pris-
oners conduct was an Illustration OF the apothegm,
mo rage like love to hatred tnrned.r The Re- |
corder then reviewed the testimony in the case OF
great length, and said that the Jury should Judge
OF the prisoners intentions on the night OF the |
shooting. The premeditated design the Re- |
gathered gather ' rom the prisoners' acts. Men
occasionally dissemble, and their acts seem |
to dvergc from real intent; but generally men 10 |
what they intend, and intend what they do. Mo- |
tive can only be inferred from acts. You have |
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