The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-25
THE TRIAL OF JOHN o'TooLE.

A sudden and rather unexpected termination
was reached yesterday in the trial OF Jonn O'Toole,
commenced on the day previous In the Court OF
oyer and Termner, before Judge Barrett The
indictment against him was murder IN the first
degree. The evidence was strong against him.
involving not only threat against Mrs. Hessler,
the unfortunate deceased, bat the most nendish
and cowardy manner OF carrying out this threat
hurting two nat ironsdrom fourth story window
at her. one OF which hit ner OF the head, crushing
in her skull and causing almost I'm mediate death.
1t was said that stronger evidence against tue
prisoner was still to be adduced; but, instead OF
calling further witnesses, Mr.. william +. Howe,
the prisoners counsel, directly on the opening OF
the Court stated that he wished to put In plea
of guilty OF mans,augnter in the first degree. MIR.
Phelps the District Attorney, having signi1ed his
willingness to accept such plea. some discussion
ensued between Judge Barrett, the District Attor-
ney and Mr.. Howe regarding the proposition thus
made, ana upon the Court conserving TO It's &C
ceptance Mr. Howe made a fervid and impassioned
appeal Tor the exercise OF judicial clemency toward
the prisoner who. lie salu, at time when ne " as
40 intoxicated tnat he dId not know wDat he Wds
about, aud clearly not Responsible Tor his
conduct, deprived OF lie woman against whom
he nad not ne slightest enmIty. 1t was a melan-
choy yet actual TACT That al that moment enid
o. O'Iooe was lying dead AZ nls resiuence, anu
trial. had completely broken nlm down IN spirit
ana lett him wreck He was content under the
circumstances, TO leave the matter IN the nandS
OF me Court.
as lol ows:-
have looked at the law and applied 1t to the evil
dence addnced In your case. Inc jury would I'M
1ouptedly nave been justified In hnuIng verdict
OF guilty OF murder III the hrst or second degree,
and might well nave found YOU guilty OF CRIME
winch would have cost you your lille. Your coun-
sef Mr.. Hove has acted most dlscreetly aud
served you well by the lnterposltlon VI TINS plea.
Tne clemency OF the District Attorney and court
have been sufficiently shown aud the Ia gives
me the discretion oil sentencing you between
years and II e, and snall exercise TINS dls-
cretIon Judlclously. 1t Is wonderful that
sucn men as you cannot reflect upon
the disastrous results or their vice. Here Is
= human lie sacrificed by rum. When you are
restored liberty you Will realize that WINE IN
your cups you Struck an innocent woman TO death
ana lett two children motherless WISH lesson
could DE learned by fathers OF families similar TO
yours. LOOKING at the entire case through It's
length and breadth, feel That society demands
That you should unaergo a sentence OF ten years,
wnicn you can reduce oy good behavior ana
emerge a better man. The sentence vi the Court
- tnat you be sentenced TO the state Prison, at
nard laOor, Tor ten years.
After the sentence O'ToOe was removed to
adjoining room, where he was visited oy num-
Der the Jurors, VINO expressed to nim thelr
qualification at sparing them tue painiu duty of
passing upon his case, ana they added thar they
considered him an exceedingly lucky man IN get
ting an accep ance OF the plea This was the ver-
dict, IN TACT, oil every one.