The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17

possession Of the complainant the said prop
cry any part then oens IN ,ess
grand larceny. In this oonnecro. further charge
any reasonable doubt that, although the prisoner
ana not personally, by his own hands, leloDiousy
take rom the person ana possession OF me com
acting In comphcity with Lyons or Smith, or either
or both OF them, having the common intent and
previous purpose to rob the complainant, did. with
feonlOus intent aid, assist IN any wav or manner,
knowingly help to the taking OF the comniainancs
property, that tnen will become your duty to find
him guilty Of the charge Now, gentle sen you
have before you the TACT that the prisoner was
with the complainant from an early hour In the
morning 10 the time that the complainant was
taken by the 0ficer and a sisted by himself TO the
station house at night in state Of drunken insen-
slblnty. You are 10 recolecr that the prisoner did
know, from his personal observation the SheriGs
Of1ce Ia the afternoon that the complainant
was possessed OF two gold certincates, OF the ag,
tne i0rce and effect OF the pris ner's statement
that while the complainant was with him IN the
afternoon be was beastly drunk, and whether
That knowledge had any effect on The prisoners
mind to tempt or induce him personally or to aid
another or others IN the larceny that 1t is alleged
was perpetrated, which, by reason OF the helpless
drunken state the complainant was in, might
QUERY. unoDservediy DC accomplished.
may not have significance to your minds in arriv-
ing at result. 1t appears that the prisoner. hav-
ing no legal right . demand or receive from the
complainant any compensation whatsoever Tor the
services he claims to have performed Tor the CON-
plaDa0C6 DcnenL III having dtLeIlucO HID 10 VAIL
Gus places to obtain bail and release him IRON re-
straint, made a demand upon him Tor the
sum OF 500, whibh, upon refusal to comply
with by the complainant, led to a wUrdy
alteration between the two and an peal to Mr..
Jarvis, who jocose.y stated to nm he would fine
him $50 tor "a contempt OF court" and finally the
complainant, IN reply to the continued demands OF
the prisoner SAID he would see him id first"
II the prisoner had demanded and received any
compensation whateve, RON the complainant he
would have been guilty OF a wrong, INSIDE
meanor. and liable to have been indicted thereon.
IN hn olaah hu
Imprisonment in the Penitentiary. 1t would
appear that at the Time the prisoner,
tered Delmonlco's the prisoner was very drunk.
and that those who we're with him, with full
knowledge of his condition, did not interfere
to prevent further Inebriety by dlssuaGng
him from the further imbibing OF spirituous
liquors or wine, but permit ted him to further
stimulate. Was this permitted by the prisoner and
others In pursuance OF o design between them 10
rob the complainant when insensbihty should
MN n wouS seem taas ne was
him, save those whose acquaintance he had made
tnat day in the performances Of duties that had de-
vOlyed upon them. Reeiing from has drunken it,
aud almost ct the point OF insensibility, the COM
plaidant, with sladowy notions and uncertain
or ' support S him. The sworn oticers Of the law
,.S 1s ss feeble s.s TIE
he el the testimony shows that the prisoner.
u %A kqa s xs az s sass
him TO the station house. You have heard the tes-
timony Of Delm0n co.'s barkeeper, in which he
says tnat the prisoner and Lyons were close to Mr.
Gratis at the railing, where the complainant had
fallen, and that he sa0 to them that he wanted
them to take charge OF the plalnant, as he had
a large quantity Of money upon HIM, but that the
prisoner replied, 'Ler him take care OF his own
money" TINS may seem to you to have been an
unteeiing remark, coming from an officer OF the
law who knew the drunken and helpless condition
OF the complainant, and further knew that he car
ried small or large fortune IN his vest pocket,
easy OF abstraction, and which could, with ease,
have been removed by any person lifting or seeking
to lit him from the ground, and who in
the darkness OF seven O'Clock in the even
ing, might imagine he would be unobserved.
The testimony In this case upon which
the prosecution bases its theory rests in part
upon crcumst tial evidence, but presumptive or
clrcumstaDtial evidence Is admissible both IN civil
ana criminal cases and 10 prosecutions TOR some OF
the worst species OF crimes Is often the most salts
factory and convincing that can be produced. Ii,
gentlemen In commenting upon the testimony,
have Internationally lnhmated any opinion upon
the question of the guilt or innocence of the prls-
oners you must reject it and find your verdict upon
your own unbiased convictions arising from q
consideration OF the entire testimony.
TIE VERDICT
The jury after being absent one hour returned
into Court with verdict o. guilty. In the absence
of eX-Judge Cardozo, Mr.. Abe Hummei the assocl
ate counsel requested HIS Honor TO remand the
prisoner Tor sentence. He will probably be ar
raigned Tor sentence to-day.