New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-20
END OF THE SIMMONS CASE.


PRISON FOR THREE YEARS AND HALF.
The Iast net in the trial of John l.. Simmons
for killing Nicholas W. Duryea by stabbing him with
knife fourteen fifteen times during quarrel In Lib
erty-st performed yesterday by Jddge Brady VINO
sentenced him to Sing Sing for three and half years.
An immense crowd gathered In the Court OF Oyer aud
Termner hear the passing OF sentence and consider
able curiosity manifested In regard to the probable
punishment which. according to its range. would ndi-
cate Judge Brady's own impression OF the crime ana
the measure of Justification The wife and daughter OF
simmons were not present. After some preliminary
business had been transacted which Will DO fonnd else
where Simmons was asked by Mr. Sparks. the Clerk,
what his age occupation. &C. we're he replied that he
was A. had business. aud resided at No. l13 East
Fourteenthst COL Fellows then asked permission for
the prisoner sit account Of the condition OF his
Leg while his counsel addressed remarks to the
Court This was at granted and counsel then adj.
yerted to the evidence establishing that the deceased
bad been pursuing the prisoner with threats that Dur
yea called at Simmous's Office aud held mysterious
conversation with OF the latters clerks and that
the prisoner had right to demand his business that
the assault outside made by Duryea, and the prs
oner, Fastening to his own home rushed into
the premedilaed embrace OF his deceased
rival. The failure OF the Distrot-Attorney TO
call Dawson and Striker, locked up in the
House Of Detention witnesses for the prosecution,
was icommsnted IN as very sg1eanr me prisoner
directly preceding the ARRAY, was not called, for the
obvious that he would nave been subjected TO
a fierce ordeal Of examination. and his answers
might have placed him in an unfayorable hight In re-
gard 10 the particulars OF the deadly struggle which he
had never been able to describe even TO his counsel
MI Phelps began reply. but was interrupted bluntly
now W. The case is closed In the case OF Mr. Tweed
witnessed most inhuman scene-a public address from
when really none but the prisoners counsel have
right to speak. Iproest as criminal lawyer and in
prisoner is drawn to the bar for arrangement aud SEN
ence II the District Attorney had anything to say he
.Na Nal ava aaih ha rPaiO
Mr.. Phelps after further discussion, said that the
prisoner had the benefit OF defense by able counsel Tho
Jury found tho killing TO be unustihable and the mans
life taken without cause and II was for the Court TO
say what penalty the violation OF the ssncty OF human
eyed the witness Stryker myth, for he had never
laid eyes him since the inquest As for Dawson his
evidence only useful In re0uttal and did not happen
to be- required
Judge Brady then sentenced Simmons as follows
In this case the only trustworthy judgments that
be pronounced those of the persons engaged in the
inquiry. whether the prisoner at the bar was guilty
OF tho ofense charged IN the indictment. Although
opinions about such things without being sufficiently
advised all the facts and circumstances and to
honored in the breach than in tile Observance do not
hesitate TO this the finest jury have ever seen
mined that murder was not and that there
no Justification for the homicide. All the theories
presented with great ability by hs counsel OF whose de-
votion witness But that Jury determined that the
killing unnecessary that there was justification
for act they have said substantially that it
done In the heat OF passion
Thero two things TO be accomplished by the
punishment which Is 10 be visited upon prisoner
the punshmeD for the Ofense and the punishment
in reference TO the society whose laws he has violated
and also punishment example lettering others
under similar circumstances from doing what he did,
and for which he was arraigned and convicted. In my
Judgment the punishment for mansaugher In the third
degree Is light think the Legislature in considering
what should be done have regarded the nrmlty OF hui
man nature rather than the value Of life when they
vested discretion IN the Judge 10 punish from two 10
four years In this case It seems the prisoner
injured In the anray IL was ARRAY. Per
haps IL may be said from the evidence that 10
was begun by the deceased but 1t ended IN
uer which the Jury say unnecessary for the pro-
lection or the life OF the person assaied He seems,
Notwithstanding, TO have been injured, and injured
though not mOrtay- for time disabled;
and he seems also TO have been confined In prison for
period Of IL months have taken into consideration
all the circumstances which have been revealed
vested in me by the Legislature should be exercised.
must admit that have been disturbed by the consd'
Grafton OF this disturbed very much because there
are conflicting elements IN II, elements OF murder ana
elements OF Justification and can imagine the jury
were perplexed have been, and they dropped from
tho charge Of murder IN the first degree 10 the concu
sion that n the prisoner punished as the law per
mts for mansaughter the third degree the admnstra
ton OF justice would be accomplished have taken all
that 1t is due TO society that claims protection from the
use OF tho knife too common for several years past
IN this city, that the prisoner shall be punished 10 the
extent OF being confined In the State Prison for three
years and months and that addressing the prs0De
Ia the sentence OF TINS courtthat he confined In the
State Prison. At hard labor for three years and ak
months