The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-01
THE HUFFER MURDER TRIAL.

HE HUFFER MUhDEh IhlAL.
The third davis proceedings In the trial OF Joseph
Jordan indicted for murder IN the first degree Tor
killing George Huner on the goth or February last
which was resumed yesterday In the Court OF oyer
and Terminer, before Judge Barrett, were or I'M
usually interesting character and attracted large
crowd. the court room being filled to Its utmost
capacity There was the same dull stoiid look In
she prisoner, who scarcely raised his eyes during
the day. not even under the excitement OF
the Jury coming in, on whose verdict
depended his future fate. The defence having
been closed the night previous, Assistant Dts
trlct Attorney Russell called Peter Waters the
doorman in the station house: Patrick Duffy, a
keeper in The Tombs and Roundsmau Cormck, OF
the Twentieth precinct, to rebut the testimony
in regard to insanity put In by the defence. They
testified that there was nothing particularly
noticeable In the actions OF the accused while he
was under their charge. He was at all times
rational, but when arrested seemed TO be in q
drunken stupor; he would cry often, and ask TO
see his children. owen Graham In whose room
the party were drinking on the night OF the muir
der, was also recalled, and testified to the prison.
er's demeanor at that time.
Mr.. William F. Howe proceeded to sum up for
the defence. he began by stating that he could
cite many cases in which an individual Is afflicted
with a deluslon as to one or more particular per-
subjects, IN Wllcn III Will De lOunu Inat,
although the individual is conscious that law
forbids tue act jet some more peremptory man
date-tt may be the voice OF Color an impulse
rs irresistible as that which makes man draw
his hand away from burning brand, overcomes
the voice or the municipal law, as thunderclap
browns the stI small voice God may be
In the latter and the devil In the for
and does not hear the whisper. German jurist,
approaching the weight OF the medical testimony
In criminal cases, has maintained that two con-
dltions are required 70 constitute that freedom OF
will which Is essential to RESPONSIBILITIES knowl
edge good and evil, and the faculty OF choosing
between them. Excessive grief saps the founda-
ton OF the mind, as IT were, with tears, aud every
room presently gets damp and moudy. Mr.. Howe
then ieelingly and most imprisoned strain
cited cases IN which the defence OF Insanity mad
been nJerposed aud was rejected; ana also show
ing how post morton examinations mad often
developed errors OF Jurles. How lnsupport-
spS sr .sIii inroru nus IL warped tnem 10 tase
heed. III tine skeletons OF all the murdered men
who have been placed upon TIE scadold, gulltless
OF men, should rise ia their CHASTITY majesty aud
utter solemn admonitions; as Il directly from
heaven, they would say, 'Acquit TINS man. He
is lnsaneln He spoke Tor nearly three hours most
vigorously ana eioquently and read coPiously
insanity-from Ray Bucknill, wharton and Stile,
Baliour, Brown, Mandes!ey, rousseau ana
isted In this case, and at the conclusion OF mis-
speech INSISTED that the Jury should render
verdict acceptable 10 their consequences aad tner
God, one oil acquittal.
Mr.. Russell IN summing up IN response, began
u
plea OF insanity, and warned the jury not 10 place
any reliance UPON the evidence oil the experts,
VINO were physicians retained by the defence lor
the express purpose OF sustaining the prisoners
plea OF insanity. lie contended that the Getence
OF insanity mad sgnally JAILED, and that tue eyi-
dence admitted OF but one result If the jury we're
to be actuated Oy the desire TO do Justice aud
would not De led away py mawkisn sympathy or
and strenuousiy insisted that they must find
the prisoner guilty Of murder IN the
THIS city since the passage the act regarding
murder had stronger case been made out Of cool
elaboration, as shown IN the sharpening oil the
formid able butchers knife by the prisoner Tor
some time ,iore ne committed tue ata deed;
the cunning mode by which ne obtained adj
MISSION to the deceased's room, the threats walcn
he had made prior 70 carving out MS murderous
ueslgD, aud the lies and iaurtcauons to which he
gave utferance afier his arrest.
Judge Barrett, ~ charging the jury, SAID ne nad
been equested 70 charge tnem win view 10
maze a distinction between murder and a crime
o. lesser decree. Inc question Tor them was,
what they had a right 10 do, and they nad a ricut
10 bring in a verdict as they coascientiouslY
could according 10 the testimony and tue law.
me nrsoner was indIcted lOr he crime oil murder
Ia the hrst degree, when carries with
II deliberate purpose 10 take lie whereas, man
Slaughter arises N the neat OF passion or ~ self
science ana l. largely prompted ~ Impulse. lie
.nen defined the various degrees OF murder ana
tue rules derived rom them as applied 20 THIS
Ease ana directed attention 10 the circumstances
immedia tely preceding the alleged murder ana
the influence 81 temporary excitement and liquor
IN innamlng the mind o. the prisoner Tue DC.
fence SCI up l. that OF lusanity ana The test ap.
pned IN this case Is where Inc person 50 afflicted
Ia ordinary transactions; and here the DISTINCTION
arises where the mud u subject 10 peculiar
delEslon. aud IN otncr matters iree from error
nhrmty a. has frequently happenec. lheTe
is no DOUBT the prisoner suffered great
tortures at Audersonvlne, that ne was sun
struck and subsequently gave INDICATIONS
Or weakness, and particularly since MS Wlit's
death wnen bis mental depression was apparent
to all. 10 what extent liquor was an ingredient
in the offence Is clearly explained 0y the law.
Wnen a man voluntarily deprVes nlnsell oi sense
ana reason the law holds nm accountable iof hls
conduct under the Circulns tauces. Ihey were not