The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-11
THE JAMES STREET MURDER.

Tne Crlal OF James Kelly on an Indictment for
murder in the nrst degree for killing Nicholas
Schumacher. on the 5th OF December last. at the
dance house, No. 95 James street, was concluded
yesterday In the Court OF oyer and Terminer,
Judge Barrett being on the bench. and the court
room. as on the two previous days OF the trial,
being crowded. The prisoner, whose chances
looked so desperate at first, and with scarcely q
shadow OF hope OF escape from the gauows, had q
mpch more cheerful look. All that remained was
the summing up BY counsel and the Judges charge
and then his fate would soon be known.
Mr.. william F. Knitting. the prisoners counsel
occupied nearly two hours in his address to the
jury. He spoke with great feeling and earnest
ness. After giving careful analysis of the testi-
mony and contrasting the straightforward story
Of the accused with that told BY the witnesses for
the prosecution. he urged that in order 10 convict
Of murder In the drst degree the jury must be
satisfied beyond reasonable doubt that the pris-
0ner tooK the lie OF the deceased with deliberate
and premeditared design to eject death; that to
justify conviction OF murder In the first degree
the law requires something more than that the
act should be Intentional, that 1t must have been
the result OF elaboration and Fermentation; that
to whether the prisoner designed taxing the lie
OF the deceased. such doubt must be
IN Of q the Hss
Jury must be satisfied that at the time or the
Killing the prisoner had an intent to Kill; that
design to Kill at the instant OF the prisoners
% SUFFICIENT to constitute murder in the second
deliDeratlon on the part OF the prisoner to have
formed the design; that the law In such q case
REQUIRES deliberate design. though 1t may not
months; that the mere TACT that deadly weapon
was used does not warrant the jury In concluding
otner circumstances; that II the jury believe that
the prisoner stabbed the deceased with an intent
to do MIN bodily harm-sOme injury short o (
death-tney cannot convict MIN OF either murder
IN the frst or second degree; that nothing Will
SATISFY the law to warrant a conviction OF murder
In the second degree but the existence OF q posi-
tive. fixed intent to kill the deceased at the very
time OF lnnictIng the injury, and that II the Jury
cusable put was committed by the prisoner in the
heat OF passion and without intent to KILL that
slaughter in either the third or iourrn degree &C
cordIng 10 the facts. He presented other points
OF equal force, and, In conclusion, made a most
stirring and touching appeal, flaming that upon
the evidence and all the circumstances of the case
the utmost tney could DO was to bring In q verdict
Of manslaughter in the minor degrees.
District Attorney Phelps was nearly as long In
summing up Tor the prosecution. He, too, re-
clear and deberale murder mad been established.
He laid great stress on the TACT OF the prisoner
having gone back TO the place alter ne was put
out ana with his knife In hand standing ready to
wreak vengeance on the deceased. lie claimed
that the evidence supported the indictment and
orlef put clear and comprehensive charge
was given BY Judge Barrett. The case was gwen
TO the Jury at quarter to two O'Clock. At the
END o. An nour and quarter they returned bring
ing IL verdict or mansaughter IN the nrst
oeeree: IN passing sentence Judge Barrett
congratulated the prisoner the ability with
which he had been defended by counsel assigned
by the Court, he being poor and friend.
less and the lghtness oil the verdict found against
him. He hoped this would be lesson to him, and
that ne would come out OF prison wiser and
better man. In view OF the lightness OF the yer.
dict o. compared with tue gravity OF the crime
for which ne was tried, and LOOKING at the crcum.
Stances and the evidence So strong against him.
ne felt II MS duty to sentence for the iu.l term
prescribed ior the offence OF which he mad been
proved guilty. He then sentenced him t. state
Prison, At hard labor. Tor seven years.