The New York herald., 1875-10-19
CONVICTED OF MANSLAUGHTER.


END OF THE TRIAL OF PATBoLMAN JOYCE FOR
KILLING ROBERT GnMoRE-vERDIcT MAN
SLAUGHTER IN THE FOURTH DEGREE.
The trial OF Patroman Redmond Joyce, Of the Tenth
precinct Brooklyn, was concluded yesterday In the
kings County Court Of oyer and Termner before Judge
rappou and Associate Justices yoorhes and Wolfort
The accused il will be remembered, shot Robert Gil
more, colorcd, while the latter ondeavoring 70
make his escape from Joyce, who had arrested him
a charge Of disorderly conduct
Ex-Judgc Tracy in summing up for the defence said
that though the prisoner bcen indicted for murder
in the first degree the District Attorney had abandoned
the charge and told them il either
murder In the second degree or man
slaughter ia the fourth degree on the indictment the
prosecution could not legally get convection OF man
glaughter the fourth degree They did deny that
Gilmore came his death by pistol in the hands Of
the prisoner would they pretend say that he had
right TO shoot him. But If the pistol was discharged
by accident and Gmore's death the result or said
accident, then it was simply excusabe homicide
Counsel asked that tho jury render verdict which
would send the prisoner back to the bosom Of his
family He reviewed the circumstances attending
the tragical anair In detail, aud contended
that Joyce Of fautess character
was In the interests Of citizens that he had
pursued Gilmore II would not DO when an officer
started WIN Ms lite IN MS mana I'D PURSUIT OF an
offender and accident happened, such the pres
ent To hunt him down as though be boodthirgtv
murderer There could have been hostile feeling
on the part Of the officer against the deceased
District Attorney Britton then summed up for the
people The prisoner policeman and therefore had
right 10 carry weapons For that very reason he ought
n be more careful IN the use Of the weapons Yet 1t
was quite frequent for officers their
clubs and pistols and 70 exercise the power which they
arrogated themselves There evidence show
that Gilmore drunk and dsorderlv He was
illegally held. and Gilmore knew Il. BE knew he was
neither drunk dsorderly and Officers Heany and
Joyce knew IT, In trying to escape he did what he
had a right 70 DO, for anything that appeared the
trial and tho officer had right 70 pursue him and
capture him The public streets not the place for
an officer draw pistol and fire IL through the air
q venture In this the weapon was discharged
and happened TO hit tho pursued The prisoner
ought to be convicted IL tho offence manslaughter
n the fourth degree IL ought not " be established
al 4 precedent that an officer might fire pistol
with fatal effect whether by accident or not and then
20 scot free by jury. The rights Of colored
wero Just the came the rights Of the Mayor Of tho
city
Judge Tappen in charging the jury revfswe1 the
ponts of evidence and held that the evidence did
Justify the shooting The jury after twenty fve min
utcs delberation rendered verdict of guilty q
slaughter in the fourth degree, with accommodation
~ mercy The prisoner was rcmanded 70 jail for sen.
tenca on Thursday next
THK MURDERED c0LORED MEN
Attention WAS called BY District Attorney Briitou ycs.
icrday IN tbc knns County Court ofoyer and Iernncr