The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-10
THE HAYES HOMICIDE.

Obscure and unknown, comparatively speaking,
as were the parties to the homicide, and singu-
larry commonplace as were the circumstances Of
the case, there has, during the three days. trial
OF Thomas Hayes for the killing Of Thomas D
Delaney upon an Indictment TOR murder in the
first degree, been large crowd in attendance at
the Court OF oyer and Ierminer. Judge Barrett
being on the bench. Through the protracted sum.
ming up OF counsel and correspondingly pro-
longed charge Of the Judge, lasting till
nearly seven O'Clock last evening, the court room
still remained filed with eager and anxious
crowd. BY the prisoner sat, as during the pre-
vious days OF the trial, his young wiz ana their
two infant children. His counsel, Mr.. A. Oakley
Hail. did the utmost that legal ingenuity could de-
wise for him. and Assistant District Attorney
Lyons was equally Jealous on benali OF the prose-
cutlOn.
The proceedings opened yesterday with recalling
Police Surgeon Powell Tor the defence. He testi-
ned to the wound on the prisoners hand. He
could not conceive In what manner the abrasion
could have been produced by tie trigger Of
pistol.
Daniel Lindsay was also recalled. He testified
was shot; this pistol trst belonged to him; when
he was handling 1t once IN lager beer saloon 1t
finger the mark OF which he exhibited to The jury;
ne was perfectly eober that day, although he mad
been intoxicated the previous evening.
The above closed the testimony. Mr. Hall then
called the attention OF the Court to the last law
murder in the first and second degrees, and to the
statutes on mansaughter In the second. third
and fourth degrees He asked the Court to charge
the jury that there no evidence IN the case to
justify them in finding the delDeratlon and pre-.
medltation which Is legally and statutorily neces-
sary 10 make out the crime OF murder in the
FIRST degree, and there was no evidence oIany in
fatal shot, as could easily be gathered by the in-
1erences OF the jury from the circumstances OF tho
case. lie would ask HIS Honor TO charge about
Unsuitable homicide; that IT was within the prov-
ince OF the jury 10 say that at the time OF
mission OF the crime the prisoner had reason to be-
lieve his own lie to be IN danger. Mr.. Hall then
began MS summing up for the defence. He referred
to the different laws IN this and other countries
defining the relations OF murder and man.
slaughter, and dwcIt upon the responsibilities
and duties committed to the jury by their oaths
of office, the question OF the lie or death OF
feilow-beng elt IN their hands. lie next re-
counted the circumstances Of the killing. and
dwelt particularly on the fact OF Delaney's per-
sistently following the prisoner. The usual recess
which was taken at one O'Clock interrupted his
address, but alter recess he resumed his summing
up, occu plying FULLY two hours. He argued at length
the intent on the part OF the prisoner, and his
closing was IA most eloquent and impressive appeal
part OF the address. sat with his head bowed in
his hands and downcsst eyes, and frequently
shed tears during the graphic and touching argu-
Mr.. Lyons summed up the case for the prosecu.
ton IN lengthy address. IN which he recapltu
lated the evidence given by the witnesses Tor the
prosecution, and Insisted that the only verdict
could be murder In the first degree.
Mr.. Hall submitted some additional requests to
charge, after which Judge Barrett proceeded 10
charge ne jnry Alter defining in clear and
the first and second degrees aud manslaughter,
he SAID That the question for them 70 determine
WAS whether any intent was formed 10 take
Dclaney's life by the prisoner az the bar.
Intoxcauon, he instructed them. was no
excuse Tor the commission OF crime.
He reviewed the evidence ndduced and instructed
them to entertain any reasonable DOUBT. but only
alter careful and ri1ld inquiry ana cautioned
them against the exercise OF any undue sympa-
thy. as this was court OF justice. All cases,
notably crlmiual ones, should Oc conducted with
ali FAIRNESS and impartaty rhey were to take
the facts as they were laid down TO them and
Judge OF them with all fairness and scrutiny.
The jury retired al ten minutes to seven O'Clock
and were absent only fifteen minutes, when they
brought In n verdict OF guilty. OF murder In the
second degree. Both the prisoner and MS young
vile were greatly overcome at the announcement OF
the verdict, and the scene that ensued was deeply
affecting. On application OF Mr.. hall the passing
Ol sentence was postponed Till next Tuesday.
There can be but one sentence State Prison IOr
lie, the statute liking THIS as the penalty Tor MUIR
der In the SECOND degree.