The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-13
He Is Found Guilty Of Murder
in the Second Degree.
sentence Deferred Till
This Morning.
The Jury Out Twenty-seven Hours-Their Trou-
bles in Coming to an Agreement Scenes and
Incidents in the Court Room-King's
stoicism mistaken by tho Verdict

the verdict on Wednesday night mt In q nrourt
appearance yesterday morning ON the reopeninr.
at hafpast ten clock, OF the Court OF Over ana
Terminer. District Attorney Phelps was on hand
twith his usual promptitude and 80 was the prts
oner wearing the same look OF Indifference. He
greeted smilingly his counsel, ex-Judge Beach.
William +. Howe and John o. Mott, ana chatted
with them gayly during the few moments interven.
ing before the arrival Of the jury. Their all nights
confinement showed it's effects clearly on most Of
the jurors and they took their seats with an air
OF WEAKNESS.
'Have you agreed on your verdict, genslemenin
Judge Brady inquired.
The foreman shook his head as a negative re-
sp0nd.
well gentlemen" began Judge Brady.
"Aay hand you papers" asked the foreman.
interrupting the Judge.
Certainly" answered Judge Brady and the
paper was passed up to HIM, which, glancing on
FIRST he proceeded to read aloud. The paper con.
tanned two questions The first was, "Whether Q
juror IN the exercise OF good conscience could
descend from higher to lower grade OF crime in
their verdict for the sake OF agreementsn Judge
Brady answed this question promptly by answer
ing, Certainly" The second question was,
"Whether the evidence would justify finding q
verdict OF murder in the second degree3"
"The evidence does not justify any such verdict,n
said Judge Brady in reply to this question, and ap-
parently little rufled, and then he continued,
"You have the physical right to find verdict for
told you so in my charge; told you 30 last night
and tell you again the same thing now.n
t., After THIS rather a scathing judicial rebuke the
hours waned and no tidings from the Jury, except
that they complained OF being shut up In Q room
ence Of William Il; Ricketts,, Chief on1cer
Ewald, julius j. Arnold and William MCGUIRE e.
who have had charge OF the Jury since the
commencement OF the trial. Meantime the crowd
continued TO llnger and TO canvass the probable
result. The longer the jury remained out the i'm
preston strengthened that there would be q dis.
agreement. good deal Of the time King passed.
as on the evening previous talking with Mrs.
Palmer He chatted also BY turns with his counsel.
men. shat from the moment the Jury went out I'M
to the present time King has never asked me what
thought the verdict would Der He has talked OF
operations in Bremen, London and other Euro
"a most singular case OF indifference, !" answered
the gentleman addressed. IL hardly know how
to account for It, except on the hypothesis that he
sit Is all put on" interrupted third party, who
is evidently in the habit of speaking freely his
opinions. ''He is playing the insane dodge, but y
there was ever cod-blOoded murder his killing Of
O'Neil was one"
At three O'Clock it got noised about that
the vestibule outside at once rusned into the
court room, and IN a moment there was scarcely
were turned in the direction OF the door through
which the Jury were to enter. 1t was tedious wait
more passed WITH the same result Finally shortly
after six O'CLOCK Judge Brady sent for the jury to
inquire, as the result proved INTO the causes Of
could make any suggestions to facilitate their de-
clslOn.
COMING IN OF THE JURY.
Promptly IN RESPONSE the judicial mandate the
jury made their appearance. After the usual
formula OF calling their names Judge Brady asked
them II they had agreed, and the foreman replied
that they had not.
Judge Brady-I sen. for you to see Il can assist
you In arriving at conclusion. You must be
aware OF the and trouble this trial has caused,
and the charge must eventually be disposed OF
ans Se G1 Ss
keep you together. do not know how much
longer, but certainly longer than you have been to-
gether. For this reason have sent for you.
The FOreman-We have conscientiously tried to
do our duty from the moment we went out we
are all OF one mind that the prisoner Is guilty, but
not as to the degree OF guilt
Judge Brady-You need not state your conclu.
slons The Court instructed you this morning that
you had right to find lesser degree of guilt and
you have the right there can be no objection 10
your exercising the power.
physical right.
Judge Brady-I meant that under the evidence
you would not have the right to find in the second
degree OF murder, but you would have the legal
right; and 1t was my duty to charge you that under
the evidence you could not find IN the second de-
gree but, as have said, you had the legal right
Tne Foreman-H we find such verdict would
1t not be undoubtedly set aside by the Court OF APP
peals because 1t was not according to evidence.
Judge Brady-I do not understand you
District Attorney Phelps-He asks whether the
Court OF Appeals would set aside the verdict be-
cause 1t IS contrary to the evidence.
Judge Brady say what is legal cannot be set
aside; that IS what meant by saying legal.
me foreman then made inquiry about murder
Judge Brady-i explained that that verdict is not
warranted by the evidence, but you nave the legal
right TO find it,
the Court then ntimated that the jurors might
ask any questions they pleased.
The ninth juror said he had no questions TO ask.
The Eleventh JuIor-I understand we were
sworn TO find verdict on the evidence according
to our oaths. DO we act up TO our oatns Il we dnd
verdct-which you say Is against the evidence
OF murder in the second degree?
Judge Brady do not ask you to stultify your
right to find verdict OF murder in the second
degree. BY law YOU as Jurors, have that right.
THE VERDICT.
The jury then retired, and returned again In
about ten minutes. The verdict was almost an
ticipated, and It was very easy to see, as the
Jurors took their seats, that they had arrived at
an agreement.
Gentlemen OF the jury" asked Mr.. Sparks. the
CeTx have you agreed upon ye1dct
Jurors, RISE" continued Mr.. Sparks. "Pris-
oner rise; Jurors, look upon the prisoner. ana:
you ind the prisoner at the BAR guilty or not
guilty."
"Gullty or MURDER IN the second oekioes
promptly replied the foreman.
There was deathlike stiffness IN tne roo ,iI
The prisoner stood with his hands behind MIN.
looking calm and unmoved on the lur0rs-tne
stoicism that had characterized him throuSnous
the trial stllI mistaken.
MOVING FOR SENTENCE
Mr. Phelps-If the Court pleases, this Jury nave
discharged their duty, am satsnea, WIN conscl-
entious fidelity TO the obligations imposed upon
them. and 1 now ask for the Judgment OF the
Mr. Howe-In the absence OF Mr.. Beach, who had
In leave Inc Court for his home, aud IN view OF
rial and of the suggestions he made
to me to-day before leaving Court,
j respectfully ask that Your Honor do not
learned gentleman can be present. IL is but far
tn tho accused that the earne counsel should be-
present considering his anxiety during this trial,
and ask 1t in good faith.
Judge Brady see no objection to this The
prisoner is remanded till tomorrow morning for
sentence.