The New York herald., 1875-10-09
SHOT BY A WATCHMAN.

There have been few trials in the Court Of Oyer and
Terminer possessing features of interest than
that OF Henry Rex the private watchman indicted for
murder in the first degree for shooting the boy John
hcKenna Being called TO he passing as
| 'Fritz'i by group OF sportve boys seated
on a pile OF lumber in the lumber yard the
North River near Twelfth street. he without further
provocation, pulled his revolver from his pocket
took deliberate aim at the group and fred three
shots One hit the lad McKenna in the head,
penetrated the brain and with few convusve strug
giles the lad dead After being arrested and taken
to the station house Captain Kennedy pointed TO the
inanimate form OF the murdered boy, the blood still
oozing from the fatal wound The prisoner looked on
and exultingly said, II glad did i'll" and repeated
these words two three times On the continuation
OF the trial yesterday before Judge Barreor in fact
its commencement, only the jury was empanelled
the day previous-the prisoner, looking perfectly
stolid and indifferent took seat by Mr. W. T. Howe,
his counsel while Assistant District Attorneys Rollins
and Bell conducted the prosecution.
After the case had been deliberately opened by Mr..
Bell various witnesses called, who told the story
OF the killing and subsequent conduct of the prisoner,
as given above The testimony of brother OF the de
ceased and his young comrades quite touching
John Boylan, who passing at the time, test-
fed that he the prisoner raise the pistol and point
it horizontal position (which he illustratedl and
then deliberately fire two shots in the direction Of the
deceased The witness added that the prisoner elevated
the pistol before firing the third shot With the med
ical testimony, showing that the deceased died from
the effects Of the shots the prosecution closed Its
The prisoner was the only witness as to the occur
renee for the defence He walked the witness stand
with confident air, smiled as he took his seat and
answered the questions put to him with the utmost in
difference Mr.. Howe examined him at great length.
His story that he fired the shots simply to
the boys and that he had been previously assaulted by
some boys who fired large rocks at him. he discaimed
all inteut to kill
Mr. Rollins subjected the prisoner OF the
scathing cross-examinations ever administered and
made him admit that the deceased had not assaulted
done anything TO him. While a deathke silence
reigned in the court Mr.. Rollins asked him IT, when
looking the dead body of the victim, he had said he
was 'gad he did It" The prisoner smiled and said he
could remember, he was excited
Mr. Howe called several witnesses TO his character
among whom Rev. DR. Held who proved that he
was a regular attendant at his church. Mr. Rollins
member do a wrongf" This inquiry, OF rather broad
! application, evoked general laughter
| The summing up and charge followed, Mr. Howe,
while acknowledging the atrocity Of the crime,
tending that there many mitigating circumstances
favor Of the prisoner that he aggravated by
Of boys minutes previous and though still
laboring under the nervous excitement natural under
the circumstances had no intention TO take the life
\ OF the deceased He closed with touching appeal
for the prisoner, and followed by Mr. Rollins, who
claimed that the prisoner guilty Of deliberate
der and had placed himself outside the pale Of mercy
Judge Barrets charge clear, succinct and Impair
4 tial
The jury at quarter past FIVE, retired to deliberate
II upon their verdict
few minutes before eight O'Clock the jury came in
with verdict Of guilty OF murder in the second degree.
Rexs poor wife sobbed hystericay and his young
violent in his expressions Of grief The prisoner
stood up and regarded the jury with stod demeanor
His counsel consulted with the prisoner 10 what he
had say but the prisoner shook his head Mr. Howe
then merely remarked, He says my poor wife, sir y
Judge Barrett addressed the prisoner, saying-'Rex
after careful and impartial consideration OF your
the jury have rendered the only verdict which, in
the judgment OF the Court, would be
| sistent with the facts. OF your guilt there
doubt, and there mitigating circumstances
your case for the reason, regret to say in passing
sentence that you exhibited from the beginning to the
| end most shocking nsensibity as 10 the terrible
crime you committed. IT. when you we're brought face
face with the body OF the unhappy boy you slew, you
had shown any sign sorrow regret for what you had
done there would possibly be some compassion for you
but you exulted in what you had done and exhibited
degree OF hendish atrocity and the stand oday,
before the jury and the Court, you never
hiblted the slightest sign OF sorrow. Even II,
| according 10 your story, you innocently and acc
dentally slew the boy, you might have exhibited some
human compassion for your action, but you did not ;
I you stand before the Court seemingly unrepentant
The Of the Court is tnat you be confined at
hard labor IN State Prison for the period Of your nat
i ural life
The prisoners wife and child silently and in tears
4 embraced him, and could scarcely be removed The
prisoners cOuntenance never for moment changed
from It's stony insengibility.