New-York tribune., 1874-03-13
JAMES C. KING CONVICTED.

TIR JURY OUT TwENTY-sEvEN HoURs-MURDEG IN
IN THE SECOND DEGREE.
The King murder trial was concluded last
evening with the conviction Of the prisoner OF murder
in the second degree which cOnsigns him TO the state
Prison for life The jury which retired IN dissasIac-
non late ON Wednesday night. firmly convinced that
they could not agree remained locked M until IL a. M
Yesterday when they in for further Instructions
King had been in the courtroom for considerable
time and was showing evident signs Of nervousness.
His counsel cxJudge Beach also seemed very anxious
Judge Brady had been in his seat sometime before
the jury in. In answer TO their question
a. TO whether Juror could for the sake OF meeting the
views other jurors aud coming to an agreement de-
scend from higher to lower grade OF crime in good
conscience the Court charged that he could Their Sec
ond question whether they had the power 10 ind
murder in the second degree. Judge Brady charged
that they certainly had that power but had no right on
The evidence in the case to The jury then
retired again. and nothing moro was heard from them
unti, they sent for by Judge Brady at 7:ao p NJ
The Court asked II they had agreed, and the foreman
CNr. Dige) replied that thoythad not.
Judge Brady then said: have sent for you, 20 sec If
can assist you In arr.vin. at conclusion. You must
be aware Of and trouble TIN, trial has caused
and the charge must eventually be disposed OF by IL
men, The court looks you as intelligent gentlemen
and shall consider it my duty to keep you together,
do not know how much longer, but certainly longer
than you have been together. For this season have
sent for you.
Mr.. Dlge-we have conscientouSly tried to do our
dnty from the went out. We are all OF one
mind that prisoner ia guilty but not to the degree
Of guilt
Judge Brady-You need not state your convictions.
The Court instructed you this morning that you had
right to find lesser degree OF guilt, and II you have
right there would be objection to your exercising the
mower You were told this morning that you had that
right, II there was doubt OF higher degree
Mr. Dige-- We were told We had the physical right.
Judge Brady--I meant that under the evidence you
would not nave right nhd in the second degree Of
MURDER but would have the legal rights and 1t was
my duty to charge you that under the evidence you
couldn't find in the second degree but, a., saId You
have the legal right.
undoubtedly set by the Court OF Appeals because
IL was not according to evidencei
Jukge Brady-I do not understand yOui
Mr.. Phelps-IIe asks whether the Court Of Appeals
would aside verdict because it contrary to the
evidence1
Judge Brady-What Is lie gal cannot he set aside. That
ia what meant by saying legal. Tne Court then said
that the jurors might ask any questions they pleased
The eleventh Juror said | understand
to find verdict the evidence according 10 our oaths.
Have acted up to them II We nnd verdict against
the evidences -
The Court told you that have legal right to find
verdict OF murder in the second deSroe, as 0y law the
jurors have that night.
The Jury then retired and seven minutes afterward
returned to court with verdict OF murder In the second
degree.
Mr. Phelps moved that sentence he pronounced but
Mr. the occasion, Judge Brady adjourned the
Court without pronouncing sentence. The prisoner
not apparently surprised at the verdict, having been
prepared for II by the conversation between the Court
and the jury few moments previous.