New-York tribune., 1874-03-14
THE COURTS.
KING SENTENCED For LIFE.
RrMARNs OF JUDGE pRApY-ruE VERDICT THE re


REMABNs OF JUDGE RRADY-rHE VERDICT IHB RE-
sULT OF A CoMPROMIsE
The usual crowd gathered IN the Court Of
and Terminer yesterday to hear the sentence pro-
nounced on King, who convicted the previous day
OF murder In the second degree for killing Anthony h.
ONeill 10 PinesL, Nov 49, 1874 IL If well nigh
established that from the beginning Of their delbera-
tons the Insanity plea discarded by the jury aud
tho only variance the question OF degree Ths
was clearly shown by the remark OF Juror who, on
Thursday when they 10 for further instructions,
said to Judge Brady that there doubt among
them that the prisoner guilty but they were unable
agree on the precise character OF the crime. Ffom
the words OF juror It Is learned that il stood
conviction OF murder In the first gree and only
most uncompromising and conscientious gentieman--
could not and would not permit himself to sanction
verdict involving the punishment Of death II Is easy
TO imagine, even II 1t not known, that the argu-
ments fired at this man IN the uryroom NJ pointed
and emphatic they unsuccessful One juror, in
a conversation held alter the verdict rendered. Is
said have stated that the last time they retired they
fast winning the Juror, and his ultimate sur
render almost assured in short that In 20 minutes
verdict OF murder in the first degree would have
resulted had not Judge Brady happened 10 send for
them just at that nopportune moment. At this moment
officer OF the Court up and Joining IN the con-
versaon, said the nror referred 10 told him that ne
would have stood out year, II forced to do 1t.
Bathtr than have yielded against his conviction These
the two sides OF the matter. the latter version OF
which have the better foundation. It is also
suspected that the third juror Is the who displayed
such strength Of character and he appears 70 have
mastered the eleven, and have brought about the
compromise on the second degree OF murder. Here
comes in Significantly the dialogue between Judge
Brady and the foreman, as an indication OF the com
promise, which not the verdict found according 10
the evidence which each Juror bound by his oath
10 render, since Judge Brady told the gentlemen
frankly: "On the eyd5 you cannot hnd verdict OF
murder I'm the second degree although yOu have the
physical or legal right do" The verdict, however.
must stand. since there exists old law which de-
cares, in effect that when man Is indicted for murder
the first degree he may be convicted OF murder in any
Of The lesser degrees.
When the Court had assembled yesterday Mr. Beach
announced Judge Brady that he was instructed by
King 70 that bill OF exceptions would be presented
for the purpose Of securing review Of tue tr ana he
desired also thai sentence should be suspended or the
term Of The Court extended long enough to enable him
10 prepare his bill Mr. Beach added: In regard 10
the result Of the trial have nothing to say but desire
70 inform your Honor That have with this trial closed
my connection with the case" This announcement OF
NJ; BeacAs withdrawal created a little surprise among
those who IT, and It s generally intlmated that
the case will como before an appellate Court;
that the trial has the convicted man over 5000 and
tnat he has money with which to continue his
case mp without delay.
After NJ Beach bad made his request aud notice the
District Attorney advised the pronouncng OF sentence,
apprehende that there would be no difficulty In
extending the OF the Court long enough to prepare
the bill OF exceptions. Judge Brady decided, aud the
brusque business-ke voice OF Mr. Sparks, tho clerk
was instantly heard: "Stand Up, King! rne prisoner
slowly aud with perfect self possesOn arose, contract
ing his brows little a. perhaps, tho 'tone OF voice in
hitch he h1d been addressed, and which had painful
similarity that IN which the clerk speaks TO all crmi-
mails.
"What is your agel" "Thirty-hVe," was answered in
low voice, and repeated in scarcely louder one, with
another slight contraction OF tho brows "HIye you
any mechanical trader was followed ny shake OF the
head. "where is your resiiencep seventeenth-st."
" what have you to say now. King why the Judgment
OF the should be pronounced against you,
according to law I" the last question: aud wheu the
prisoner had responded, "NJthing,' wi.h the
time slight hesitation, il half prompted to say
thing Judge Brady said:
James c. Kingi have been tried by an intelligent,
conscientious ana honorable Jury Ia my Judgnc, con
situled iii that respect fully any Jury tAat nave
ever seen collected together They have rejected yOnr
plea insanity, believing that yOn were sane &c tho
have tried; aud they have spared yOnr life that
vol lnay atone for and repent that enormous crime IL
"a nor necessary for dwell its Character be-
cause You are of intelligence, ana un1efstani lG
a. well as do Ant DOiy ia thlt- community does
Is melancholy spectacle Tor person OF your intel.
grnce 20 BE- placed IN such position az yours Dn
under there i-nOtnlus OF nltSatiOn
In your case and the Court feels bound 60 iahct upon
you plnlsnuent known 10 th9 law for tue
crime Of which YOU have been convicted Your sentence
that you he confined in the State Prison az hard LABOR
during the periOl OF your natural life.
Daring tue delivery Of the scntcnc King manifested
no emotion whatever, AMI as the Last words were
aid LIE coolly turned glanced the clock, in that
direction and then sat down. few minutes latcr he
was taken from the courtroom hy officers.