The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-19

The question was, whether George Shefihn killed
nom the statutes definitions Of the various grades
OF manslaughter, celebrating at eloquent length
as he urged, concluslvely that the prisoner could
not De found guilty OF any OF them. He referred
most ieelngly to the good character OF the pris-
and 10 his tender care OF his aged parents. Here
was hard working man, good citizen and a
he tHowel thought OF his sainted mother he
could hardly induce himself to speak I'M
ana sad misfortune woman tos out ma the great
marry woman utterly devoid Of every fine and
beautiful w0manly instinct; woman OF most de-
PRAYED appettes and passions; woman lost to
an sense OF shame and decency. Holy Writ-a
higher than all common law-had declared that
woman caught in adultery should die. They were
asked to estimate the prisoner less than human;
they were to deprive him OF every sensibility they
Sheffiin killed his wife he would have been JUS
thed but the fact was, he urged, that he not only
ana not kill her but that the evidence utterly
was himself impetu0us, and confessed that he iet
angry because his client would not plead to man
slaughter The testimony since adduced ana par
ticuiariy from volunteer witnesses OF wealth and
standing had placed the matter In different
statement OF Shefiin himself-a statement simple,
plain, straightforward and every word vital with
the power OF bold and invincible truth. He admired
George Shenlin to-day-admired him for his self
consciousness OF rectitnde and sole reliance the
justice Of his defence Alter various apt citations
wick and Scott's "IvanhOe," he proceeded to re-
view at length the testimony, and particularly the
medical testimony, which he gave most scath-
ing Overhaung. The doctors had disagreed, as
they usually do but 1t was evident, he insisted, to
men OF common sense that this woman had been
for years confirmed drunkard. Her drinks had
been OF the West concocton, and In the end she
had died the drunkard's death. He dwelt, in con-
cusion, on the fact that when persons commit
crime they do not parade II but conceal It, whereas
in tins case Sheffiin showed no conceaiment He
closed with most eloquent and pathetic appeal,
asking and demanding an acquittal at their hands
. request and a demand carrying with it, as he
Mr.. Phelps next summed up on behalf OF the
people, and that, too In strain OF like force and
quency OF murders in this city and the Importance
OF something being done to stay the terrible tide
Of crime, he entered upon a discussion of the
salient points OF the testimony. The prisoners
statement to the proprietor Of the lager beer
saloon was enough, he insisted, to convict him Of
the crime Of which he was accused. He said there
that he had clicked her in the house and OF it,
He told policeman that the bruises on her body
must have resulted from his kicking her. 1t was
evident violence had been committed, and this
violence must have been at the hands OF the
prisoner. He drew painfully eloquent portrayal
Of the scenes in that unhappy home-scenes OF
drunken debauchery hardly parallel in their
character. This woman lay naked, and cold. and
and terrible night, he could sit there and not lift
finger for her aid. In the weakness Of despair
the yard According to his story and there
he leaves her to lie in the snow. When
he drags her INTO the house and throws her
down by the cold and freess stove to die
in the morning, where they find her dead, they
send out Tor whiskey and celebrate the event OF
her death. He insisted that her scalp could not
have been removed, as it was, by falling against
the stove. The plain tact was this poor, unlortu-
and fell victim to his brutality AS to the Charge
OF man being found in bed with the wife Of the
prisoner, he urged that there was nothing TO sub
stantiate the accusation. The trouble was that
they undertook to prove too much. No provOca-
ton could justify such brutality as was evidenced
In this case. The prisoners wife died unquestion-
ably from the results OF pretracted violence. The
means Of death were cruel and unusual They were
simply to determine whether her death was the
result of generalization his part or from vio-
lence at his hands without the intent to take her
life. This was all there was IN the case. He sub
United it to them as intelligent and conscientious
sciences and their oaths
JUDGE BRADY's CHARGE.
long but most able and perspicuous charge
followed from Judge Brady. He gave very clear
statement or the evidence and or the law in ref
erence to the various degrees OF murder and man.
slaughter as applicable to the case The woman
was at home when the defendant came there and
SO far as the evidence disclosed, her scalp was in
its place and her head unimpaired. The Defend
ant ARRIVING, change occurs, caused by what
means 1t was Tor the jury to determine. The evil
dence that defendant had told the lager beer
man that he had licked her In the bedroom and out
that he had gone too far and had asked the advice
OF the lager beer man. As to the cause OF death,
nothing about the internal organs to produce it;
that 1t was not from deirium tremens, and
ia sIe great sea ii
that she bled horribly. The statement OF the
prisoner was that he found a man in bed
his open hand. She fell against the stove, then
went out and he took her back again. 1t was in
sisted by the defence that death resulted from ner
intemperance and exposure Evidence to her
intoxlcation was admitted as IL bore on the cause
OF death put not BY way OF justification or excuse
the great state OF New York had no power to take
her life This was not . case Of great excitement
OF simple punishment, the defendant deny
ing anything more than blow. In considering
whether the defendant killed the deceased the jury
were to consider ali the circumstances disclosed
If she did not die from the injuries received at
MS hands then ne must Ge acquitted co. II she
offence, whether murder or manslaughter in some
OF the degrees. On these questions the prisoners
character was to be considered. Coed character
was not only sufficient to protect where q doubt
exists, but II without 1t the evidence would
snen e un the scae IN his
Confessions were TO be received with eau
tlon but when deliberately and voluntarily
cred as high satisfactory evidence and the pris
0ner entitled to the benefit Of the rule. Judge
granddaughter and charged that the Jury might
find him guilty IN any Of the degrees. AS to the
another in the heat OF passion without intending
to effect death-courts have looked leniently upon
man who Stays his wife caught in the act Of
adultery from the excitement consequent upon
the discovery and momentary deprivation OF con-
troll. But in this case the defendant denied the
blew. Did they believe his statement Was he
under excitement Was he sustained by the evi-
dence ? Did he strike the deceased only, as he
stated, or did he beat her as stated by him to the
lager beer man II he did. was 1t with the intent
to KILL or was it under such circumstances to
make the killing within one OF the degrees Of man.
slaughter?
WAITING FOR THE VERDICT
At half-past three O'Clock the jury retired to de-
liberate upon the verdict. Most OF the crowd still
fingered. or there all sorts Of specula
lions as to the verdict About the most Indifferent
person present the prisoner, who chatted quite
gayly with various friends gathered about him. At
five O'Clock the jury returned into court, having
sent word TO Judge Brady that they desired farther
instructions from him. The foreman stated that
they desired more full and explicit explanation OF
the different grades OF murder and manslaughter.
This explanation the Judge proceeded to give ut
more elaborate length than In his charge, and the
jury, having expressed themselves fully and clearly
enlightened on the subject, again withdrew for
further deliberation.