The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-07-02

lie myth. Gill was betting on the yacnt Bismarck.
Herman +. Meyer, the son OF the proprietor OF
when the prisoner came in; sullivan saio, ~ snp
pose you nxed for me Dow;" MARX Gu said
poke. and fred one shot to the noor; sullivan
said, "fou can shoot me u You want 70 )" I'M
prisoner went towards sullivan, who said, "Yot
SAID. ~ ami :" saInyan said, 4 VIII throw vol
the Dice" and the prisoner said IAN rignt;" SUI
counter 'e ana sa,a There beat that. no re
Piled, 81 can beat IT'D sullivan said, "fou can
beat @ 81 cant said the ra ans os
Michael shay, who was IN the saloon a. tue slnlo
testified substantially tns same as siill red Inc
nrst snot he dropped the pistol Oh INC moor anu
'hen p,cned ,s up resident OF Brooklyn who was
MESSING the saloon at the time, was called, put
Mas Withdrawn, as he did nos see tue suoosihs. q,
peter 1orDett a clerk IN gunsmlth.s store ~
No s5s Greenwich street. three or Jour doors
above the saloon where the shooting oox piaoe,
testified that the prisoner cane TO- sss some
octo oIS. Ihe CLERK showed him several kinds and
me prisoner ultimately selected one eaIsa LIE
Gnvapnor:n ne asked him 50 Tor IL, ana the Pris
onar offered As So which the CLERK accepted; tne
witness asked him II he wanted = uoA VI 20"
r,daes and he said NO." but n ne lthe Witness
siuses a ioose ones lying around he might load the
nistol for him; as he (Corbet0 had Do1 vpehs 90
he loaded the pistol; the ao accent the invita-
ZION and then the prisoner leit Tue stoi 9. or,.
Cross-examned-l did not observe the prisonS San
condtuon until he was Just leaving the store, wien
cohuin vad NV the loose manner in which he ex-
messed himself, that ne had been drinking; about
twenty minutes aiterwa anus "A she street dead.
The statement OF DR.. Early, VINO inaue d Puev.
mortem examination OF the body OF sulnva a mas
read. He found pistol shos wounu III 'ue ie' eJ9'
which resulted In ms death. - .,o, an p-,aov
between nine and hallpass nihe s, poeG M saW
crown and Gill leading them ne askeu MA 20,
the mattel when some maa cr1e me ou inmned
s irnm ,se wagon and aeafa pisso
ofcer VINO sprang for the prisoner; he attempted
Co COCK his revolver but the Ofiicer caught 1t and
prevented him ron me pTag s sue IA wres
ing the revolver from his hand the prisoner
swore considerably; he was taken 70 the station
house and subsequently to the Tomos.
The pistol was put in evidence, and then the
prosecution rested their case.
CASE FOR THE DEFENCE
Counsel for tue delence called Daniel Mullane
who swore that ne knew Gill since his boyhood,
and was acquainted with MS nabiis as 10 orinkihg
Gill would drink once In while, ana keep sooer
SIX or seven months, but he never knew MIN TO De
drunk more than three times In his llfe The VIII
ae IS saw the prisoner on the Thursday before the
Killing: he drank fifteen times, and was SO drunk
that the witness left him at his own door.
Ann Tucker, who also knew the. prisoner 1or
eighteen years, and who kept liquor store IN
Park street, near where Gill lived; he was IN her
place drinking on the saturday before the shoot
Ing when he TOOK small kne OUT o. ,s nus eS.
told him TO close It he made an attempt to draw
1t MS neck. but did not 90 80; on the Inursday
(he day preceding the shooting) Gill was In ner
place; he drank several glasses OF ale, and was
This was all the evidence for the defence. The
District Attorney called Captain james M. Leary
and asked II he inrerrogated the prisoner at the
station house.
THE SUMMING UP.
Colonel Fellows proceeded to ADDRESS tne Jury IN
behalf of the prisoner. While admitting the
shooting he argued that the evidence Jailed TO
show that the act was OF that COOL premedltateu
quality contemplated by the new law or homicide.
In line course OF his argument he read copious ex-
tracts from Judge Davis charge to the Jury In the
Walworth case q year ago.
insisted that the evidence clearly established the
that the prisoner was guilty OF premeatate0
killing, and that 1t was their duty 70 ma niu
guilty OF murder in the first degree.
THE RECORDER's CHARGE.
Recorder Hackett, with CHARACTERISTIC cleaIness
hreyity and compre hensivenesS, charged the Jury
He said that he Endorsed the views Oh Judge DAVIS
which mad been alluded TO Dy the counsel. The In
dlctment charges the prisoner with the commission
OF a homicide murder ii the first degree; with hav
ing killed, by premeditatlon and deberatlon, tint
deceased Sullivan on the 18Th OF June, Inc -, lay
you are to determine the quit or innocence OF tn
! prisoner, is as fonows:-"Wnen perpetrated frou
death OF the person Killed or OF any human being
Unless you are satisfied by the evidence peyon
time of committing the act was executing
deliberate, premedltated design To enect the deaf
of the deceased. then the crime would NOV IA
to the facts that the prisoner did Ore the fat;
shot or that 1t caused the death Of Sullivan. Nov
gentlemen, 1t will first become your duty to app
the facts that you may ind from the evidence
the law as 1t now exists and has been stated
you with reference to murder IN the nrst degre
was the killing perpetrated rom deliberate an
premeditated design on the part of the prisone
GlIl to XIII SULLIVAN His Honor gave concis
ton OF deiberation and said that II was 10
the jury to determine whether the prisoner
mind was SO tnorougniy cohiusea Dy % ur ol &c
debauch that ne was unconscious OF MS act an
unable to distinguish between right ana wrong
In conclusion, His Honor said that intoxicatio
was no excuse Ior crime. II 1t were what cor
dition would society be in, Tor In almost every rlt
that took place In this Court drunkenness wa
pleaded as an excavation OF the offence con
mitted. He the Recorler) could conceive tina
where a man committed an offence under tn
influence OF liquor INDUCED in for the first time
plea Of drunkenness ought not TO prevail as a
excuse for crime when made by an habltua
drmser II the Jury believed isa s9e
S Sensas Of fney IN. Doubt tina!
that deliberate premeditated design Which WI
required to warrant them in finding him guilty
murder in the first degree, but n they had
doapt that the prisoner GIn sa0 ors s1
guilty ofcmurder in the first degree. No exception
were taken 10 the charge and no requests
charge were handed TO the Court.
The Jury retired to deliberate upon their verdi
at I'VE minutes past five O'Clock. At SIX o'clo
they had not agreed ana tne RecoIoeT dlIecI'
the captain OF the court o1lcers TO provide 7
1reshment for the jury and keep them together Il
the night. II they agreed on a verdict up TO 4
O'Clock he would, turn TO the court to receive II
THE JURY UNABLE TO AGREE.
At ten O'Clock last night there was no prospe
OF the jury agreeing upon verdict and con:
quently Captain McCloskey did not send tor
Recorder. Our reporter learned from what
deemed q reliable source that there are eig
Jurors for murder 10 the first degree and four
the second grade of homicide. 1t ID PROBABLE th
the Recorder will discharge the jury TINS morni1
as His Honor has been sitting continuously
weeks until a late hour every day.
AN EX.RANK PRESIOENC ID