The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-18

that up to that time the prisoner was peaceabIe
man. There was evidence given as to the charac-
ter OF the deceased; but his character was not
under investigation. The act by which he lost his
life, and which sent MN out of the world with all
his imperiectons on his head, not 10 be justl-
ned by accusations against the deceased. Even If
he mad COMMITTED crimes he was answer
able for them to the law, and no man
should assume TO be MS slayer. There
was evidence that the deceased went TO the
prisoners office for any other purpose than to
buster Men who bluster loudly rarely do any
thing. The man who SENDS word TO you by every
one he meets that ne VIII take the top OF your
head OF does not mean what Re says. the whole
evidence showed that the prisoner entertained no
fears from these threats. lie followed the de-
ceased down stairs ana renewed the alteration,
and 1t was then the blow was struck. The test-
mony Tor the defence even showed that wnen the
deceased called at the prisoners ONCE the pris-
oner was not there. Inc deceased stoou Ihefe, az
he had right TO, In whispered conversation
with Dawson. He did not ask Tor the prisoner;
put the prisoner emerged from his private once,
where no encounter could nave resulted, ana
placed himself between the deceased and the door,
and says, "Dld you come TO my ONCE on any ousi-
nessT" thus beginning and provoking tue alterca-
ton. He commented on the dropping OF the knile
by The prisoner and his saying he didn't know VINO
the man was that ne had been ngntlng, mat IL was
some one who wanted to rob HIM, as suficlent 10
prove the whole defence to be an aitertnOught ana
that the deceased was brutaly and baroarousv
slain, with blows such as savage would inlet,
and the wounds indicated the thoughts that filled
the heart That prompted the hand that indicted
them The deceased lay prosrrate, his leg broken,
and eXclalmng Tor mercy, and 1t was then he died
under the prisoners blows. 1t was Tor the jury to
say whether such killing was to be justified IN
this community. The address occupied over two
attention.
REQUESTS TO CHARGE
Mr.. Graham after Indignantly declaring that he
was sorry he had not his own way, in which Mr.
Fellows restrained him, and alter stating that the
point about the lllegahty OF the weapon was
sprung upon him, handed IN several points which
he requested the Court to charge.
CHARGE TO THE JURY.
Judge Brady charged every one OF them, and
said the prisoner was not TO be preJudiced by the
character OF the weapon, II the homicide was JUS
Unable He was assured the jury would, Tree
from all prejudice, approach the question
whether the prisoner had committed crime,
Murder was the unjustldable killing OF u human
being with premedltated design. The killing was
admitted and the character or the act was to be
OF wicked premeditated design, design to Kill at
the moment OF killing, it would not be marder IN
act was done IN Unsuitable sell-deence, and to save
himself from killing or from great bodily harm.
After briefly referring TO the testimony that the
deceased cried "Dont you draw nytnlng me-
that ne asked to be let up and That The prisoner
was seen ''punching' him and was heard to ex-
claim, Now have the best OF yOu," as he got up,
and to the conflict OF testimony to which
OF the men cried, "Let me up" he lett this point
to the jury very serious one on the question
OF INTENT for II Rooney was not mistaken, and that
1t was the prisoner who cried, Let me up,n 1T
would be an element in helping them to deter
mine whether the prisoner believed himself in the
extreme peril which would justify him III killing 20
rid himself Oft. lie next explained the principles
will excuse a man for the killing If he honestly
acts on reasonable fear, though it proves
Kills must be without blame himself-tnat Is,
| retire nom the encounter If he can. He then in
prisoner told Oticer Mailer that it was man who
| had been attempting to rob him, and also to
| member his weak, excited state and that he told
the officer he was too nervous to answer any Ques
| tons AS to whether the prisoner followed too
quickly after the deceased that was question Tor
The jury, in connection with the right OF the Pills.
| Oner to leave the ONCE ana into the street at
any moment and pursue his way home. Even il
| the deceased was q bad man when under the IN
uence of liquor, according to the testimony Of the
defence, and the character OF the deceased was
not assaied in any other way. He was not to be
killed because OF that and II the act was unjusti-
fable the jury should determine the degree OF
guilt. He then explained the different degrees OF
jury If they had any doubt to let the prisoner
nave the benefit OF 1t. The charge as will be seen,
was characterized by the usual clearness and sue
and 1t was pronounced as fair and impartial as
| could possibly have been delivered.
| RETIREMENT OF THE JURY.
At few minutes TO seven O'Clock the jury re-
tired. OF course such was the interest felt in the
result that most OF the crowd-tney being, in fact
the particular friends of Smmons-still fingered
Gathering III groups, they discussed the probable
result, and. with natural sympathetic leanln.
toward the prisoner, the majority went so lar a.
TO prophesy an unqualified acquitta. Some were
not quite SO sanguine, however, and modified then
anticpations to one of The degrees or manslaugh
ter. Meantime the jury, which had been placed
under charge OF Mr.. John Valentine. the chief officer
|
room to which they had been assigned. After an
hour and half's absence they returned into court
AS usual, all present scanned their features. Sim
mons Tor the first time betrayed symptoms Of
anxiety, and tried to read his fate in those immo
bile twelve faces. The result was not long in being
made known. Mr.. Sparks, the clerk as soon ms
the jury had taken their seats, began his formula
| OF interrOgatOries.
| THE VERDICT,
| "Have you agreed, gentlemen on verdict2u he
| first asked
ave have" answered promptly the foreman,
and then, after another interrogatOry from Mr.
| Sparks as to the nature OF the verdict, he an.
nOunced it granddaughter IN the third degree"
The announcement OF the verdict was taken
very quietly. The prisoner, holding his crutChes
in his nands betrayed no emotion.
The jury were duly requested to hearken to their
verdict, as rendered, when Mr.. Fellows asked that
the sentence OF the prisoner might be deferred,
as to enable the counsel to consult as to wha!
course to pursue.
Mr.. Phelps deemed It his duty to request that an
immediate sentence be passed upon the prisoner
| in pursuance OF the verdict.
There was some further discussion on thispOint
and IL was finally decided by Judge Brady t0deIeI
| sentence till Thursday morning, and to this time
an adjournment of the Court was ordered.
IAN outrageous verdict" said one as the Grove
slowly vacated the court room.
"He got Off cheap" said another, and thus were
| uttered the conflicting comments
few minutes later Simmons took his seat in
carriage and was whlrled away to his apar tine &
at the TOmbs to mediate upon his coming fate
one year at the least and four years at the utmos
! in the State Prison.