New-York tribune., 1873-07-03


II nov becomes duty 10 the evidence on
tie part n the defense to shew the absance OF promedi
tafon aNd dohboraoU Yhch'ho law requires uder the
sdistE on have gDon IT,
pirst u In shown 5y tho. Ccntlemah Mr. Smith, IN
addition C. what have stated already, mat at e tino
Ofborrowag the money he expressed te him an tnteh-
h(a OF retl rning 90 Su atOgs the Tuesday fOlewug
lHr 0ConOr--AHd the sum borrowed vGId Juss carry
Autge Dsgis-'rhat tn sum borrowed was iuff ade-
inr be met ~ Amsden GOu0tloss on the way te tho
care the prisoner spsSe ask ng him when he should
have another social Same or whist It appearing that he
and ether paltos OF his age were accustomed To 90 10
Mr. Mr. sd@n % Suggested Sst SftsrnccD. and The prsSnes
repbcd. W0qt 1t do lust as wen Homegrown inn-
cayiRg that heygeG'sd 70 be sent nau then then ,s hs
before leaving left note IN The room addressed
believe TO the Rotber, saving that u ne ala not get
back tO supper hat night she Deedn0t eXpeet nun uh
Mr.. q Conor hese reminded tho Court that IL was q
verbal IreSSagc Nhch the prisoner left. Judge Davis
Yes; would be the same m Its effect. Then 1t Is
CONCEDED TO the face OF his fathers residence and,
not tnding hiIP at home, he went TO the
hotel, and that .sis real parposo was T. go TO
arrangement and return TO Saratoga the same night
which wead bring him home as pri9r statements ind,
Gated his intention NO be, on TNesdey morning. III
argued that his probable familiarity with the oonse-
cred by yu rs indicsing that his inteuton not to
do an thar would aense such arrest and detention
These are srostanta1y the circumstances ana ] IaUIs
that dav and overthroF the that bis purpose
" Hill his father when he came down to tsw-fork
DOUBTS &c BB CoNsIDEkI.p.
Row. gentlemen, If he left Saratoga with the full e.
peetation OF retrnng with the formed nesoutiOn 60
tint effect and 20 advised his friends asd you are con
vpOed that his rtenon was TO come here and return
and you conceive ethsr that he had not resolved in his
mind 10 kill his father N7day and did not entertain
alternative resolution t. Ket an arFSasetnent Ss
factory OF tss XII @ h, n, bsTeI % or oyertbnoyn as Won
fof fupGaG
NeTth.Iess ~ is inst snbjsct OF considerston in
n spect % an ths kind Of evidence that where such
resolution has been formed 40 Is claimed Dy the feope
AZ general rule to give any expression indicating it's
existence in advance, aud that declarations nade
of returping, when going fer such pur-
vose are 10 be taker with lees force than 81
such purposes were eaefsined ltI9ay De also eStiH
cred whether II he had tne alternative proposition IN
hs mind this speahngG eeturning aud probably being
back Tuesday is not referable TO this alternative
idea which he may expect to have .eOnsummated by
p,ocuring an arrangement under which he would have
returned and shat he stu entertained II he Jailed 70
of which ne stands charged. All these considers
toms for YOU and my object IN alunR 10 theIn ls 10
bring them before your minds.
pRIgSISG TUE DgGREEs
Unless Won are satisfied by the evidence beyond
sonabe doubt that the Gcoused az the time CT commit
ting the act had that deliberate ard premehated de
hcn to effect death in his mind and executing such
deliberate and premeditated design in firing the fatal
shots then the crime would not fail within
tie first degree. The People this. for, OF course. lt
is the greatest subject for consideration In the ease
are required by law show 10 your satisfaction, be
yond What the law calls reasonable doubt, that Is be-
yOnd doubts reasonable and satisfactory TO You Wlch
arise from the evidence and character aud from the
absence Of satisfactory evidence In the case that such
WAS tho intention OF the prisoner; that be acted
with deiberston aud premeditated design. it Borld
make difference, in my judgment, II thst deubera
ton aud premebtated intent was an alternative one;
summating 1t by the first II he az The same tine en-
tertained resolution that he would h ms father II
II would be murder ia the first degree But one or the
other must have been IN hls mind and had been deter
he fired the shots in order TO bring him within the pres
ent law.
second degree. You OF course observed with care the
peculiar Language Of tnat definition Every Intentional
killing, Without .debDerau0n anu pfemedhatohi s
called murder in TIE second degree Now you would not
OF course, II You determine this case IL tue first
degree, be called up0n 10 consider whether or |
NOT the case is within the second desfee hut N
II your duty to consider whether the circumstances
bring within murder m the second gree In order 70
constitute murder IN the second degree. IA Is necessary,
under the statute that there should be at the time of
firing the fatal shots In this case au intent to kill Shots
or wound aud shots fired FOR the purpose OF Frightening
party are not wtnn the statute winch IegsEes y9e ao
tu8 presence uf existing intentions and te btat1
not require that tbs intention should be tho re-
su'': OF premeditated delberaton It may. be
formed anon 1le -lnstant-Inay be- The result OF
an instantaneous action -, WHICH often accom-
panies the 81 crime wlefe from some eassss
I,1nd II will Xiii" and the act shows the thought
That was murder IA the frst degree. out VOW
iry ID must ilnd from the facts aud ciream
stances OF given that that Thought beesue an
order constitute this crime, in the second degTee 50
that if you should conclude that the prisoner did n6t
yaer %ase ie~ts dd mot nSUo e6tertsS he Alternative re
solve OF which A2y9 spoken brt Tnn ernse here here
MA iather and finding hun out left an invitation 20
come him to settle some family differences ana
their conversation following the fathers promise,
which be himself says was evasve or false one not
"A hg
look appearance there was something to show that
the Intention to oppress and wrong the mother ana
20 be contaminated, he had an instant resolve viii
terminate this by bis death"--thls woud make IT mur
der IN the second degree; bat II would not he murder ia
first degree because deberaton, that 20 say con-
sideraton ia advance Of the accomplishment Of the
purpose and preparation 10 accomplish precOnsiueicd
Ibs ry are satisfied that ii the correct oonclnsion
fro murder ia TO murder in the second degree,
uces Ut the differences alleged snail De Ionnd
v Won, to nave existed do not think gentlemen that
any further instruction as 10 either or these
tb law AZ clearly s is ia my power 10 you, so that you
will see what il necessary 10 constitute the O1ense under
either ~ theSe gees shall here say few words IN
relation 70 te cAaracteT of this case as laid before Won
on tDc prt of the defense. It's general charhc-
tbe defense hereafter 6as DO particular bearing what
I now design say. But III the first place l |
wash 10 ssy what you may reel beyond dOnbt
Thns II IS manifest in this -that the deceased
throug period OF years had exhibited, however he
NJ gh have sto0 Ia the outward world toward ls wife
and children bnafacter despcablc beyond DESCRIPTION,
unde. speak nOwof what appenrs n'this case before
you and giug fohIt alone Unfortunately, we are
iimited IN our knowledge Of this rs OF |
all other cases by the finite character
Of our capacities TO appreciate discover tie truth
UnfOrtunste Ms, deprived, by the death OF
this father OF any Xpanaou that he might have given
before the nry # ths assault had resulted IN death.
His mouth sealed forever; opportunities, on his part,
OF saving what he possibly might say far az tnug
nil gin be said, justification OF his letters, Is gone.
Ii has gone, too, Ny the hands Of the prisoner. |
His hands inflicted the blow that depriEes |
us Of aIi opportunity O hearing the Other side or tbe
story there be another side, Wbich the deceased's
father mi gbt gwen. Aud TINS leads to iD
respect these letters and the evidence given hero,
touching the character Of the deceased that jurors iu
this class OF cases be careful 20 remember.
what they are sometimes TOO prone 10 forget |
and what the general public very apt 10 forget,
that IN the eye of the law all men, without respect 10