The New York herald., 1875-10-28
A Verdict Of Guilty of Murder in
the First Degree.
Sentenced To Be Hanged on the 10th
of Next December.
NOR AND Ills NEMESIS THE SCENES IN COURT.

hc interest IL rs hardly 10 DC wondered AZ therefore,
that long before the fixed upon for the reassem
bling yesterday OF the Court Of oyer and Terminer
there should have large crowd eagerly awaiting
admission to the court As on the previous days
OF the trial. there were vastly more seeking admission
than could be possibly accommodated. 1t very
difficult in fact for the police to restrain
the impatient outside gathering filling the entrance
way and stairs leading TO the court As usual,
the prisoner occupied seat Mr.. William f. Howe
and exJudge George NJ. Curtis his counsel, his cool
demeanor and perfectly impassiye bearing continuing
the same as on the previous day. Still clad in their
mourning weeds the widow and daughter of the muir
dered occupied their accustomed just out
side the bar Tho mother Of the prisoner
remote, frendess and seemingly heart broken In
distant The day occupied by counsel in
summing up and by Judge Barrett in his charge Long
speeches they were, but there was that degree
of interest In the case, that pungent
force Of eloquent delivery and that graphic epomizng
of the scenes OF the murder and unfolding, link by
link the strong chain of crcumstantial evidence con.
Meeting the prisoner with the dreadful crime that all
listened with that intensity Of interest that knew not
weariness nor took note of time
SUMMING UP FOR THE PRISONER.
Ex-Judge Curtis made most powerful plea for the
prisoner He began his speech directly the opening
OF the court at haf-past ten O'clock and did not
clude until nearly hour after By sku logic he
sought discover the chain of evidence
against the prisoner His theory Of the that
the Police Department, spurred by the indignant
public found necessary to find scapegoat to satisfy
the camor of the people. Suppose this man is hung;
one win mourn him but his mother and sister So
ciey would congratulate itself that safely rid Of
feon and dangerous man. But this jury would not
be led about by passion or prejudice Hore was man
vyI,n fan IN nh ha ua
afraid stay about the locality his crime 1t was not
customary for murderers to lnger about the place of
their crimes. It preposterous. He would have
crossed seas. He would have fed to the uttermost
portions Of the earth 1t not definitely fixed when
the crime committed. Would the jury hang
speculation, on mere probability? Every
presumed to be innocent until he be proved guilty
Referring to the cane with the representation Of
miniature monkey top, found the Of the
murder he asked 'Wl any man swear positively that
this the identical carried by the prsonerY
Would the jury hang such evidence
as thatYn He next referred to the watch of
the deceased, the pawn ticket for which
found in his possession This was certainly sus-
picious but this thief He might have
known that the fruits OF larceny committed by
another man, murderer perhaps. The prisoner
didn't how this watch obtained. While this
possession Of the watch the hands OF respectable
person would be enough to fasten upon him the guilty
act its possession by thief most natural thing
The jury had the stick, the and the watch
He believed there was nothing in them The jury
would not be influenced by these things. They we're
intelligent men, und they would not convict man on
simple circumstantial evidence a few suspicious
circumstances. He urged upon the jury TO keep
in mind that If this man be the murderer
circumstance that the prisoner should make
no attempt to evade the consequences Of
detection They should remember how easy 1t was TO
identity the watch Would he-a thief, cunning and
subtlevountarily place himself in such questionable
condtionS In conclusion Judge Curtis cited several
cases where innocent parties had been convicted upon
circumstautal evidence and executed Some Of these
stories were most thrillingly told.
SUMMING UP PHELPS
District Attorney Phelps though quite lengthy
in his speech, spoke with no less eloquent and mpas
stoned fervor He said he was a sworn officer and
would do his duty without prejudice, dspassonately
The prisoner stands in the shadow OF two graves-one
that Of his innocent victim, the other one which the
innocent had met death at the hands othis
The place in which the jury sat was far above the
Of passons in the soemnty OF their oaths they
would earessy discharge that duty which the Law had
imposed upon them. They to decide whether the
prisoner be guilty Of the crime or not The Court will
advise the law and they should decide the facts.
He would delay them by any long recital Of facts
They remembered the circumstances Of the murder
detailed by the witnesses the stand. They remem-
bered the first words Of the prisoner when detected by
Mr.. Noe when he asked him who lie and his bold
and defiant answer ~ am n theTn They knew OF
struck him, Mr.. Noe supposed, with jimmy, but
which In the darkness and excitement Of the encounter
he could not distinguish. II all the facts do not
demonstrate that the murderer OF James II. Noe
guilty OF murder in the FIRST degree, ii not then there
Is process by which murder in the first degree can
be demonstrated The bodness, dcliberation and pre-
meditation Of the attack and its unfortunate result
too palpable. The assaant makes his escape; eye
witnesses the encounter; he takes his watch and his
pocketbook leaves his victim, as he supposes in the
agony o. death and cooly Departs Counsel then pro-
ceeded 10 review the entire evidence. In this review
ho vae o il showing
he claimed tissue Of inconsistencies throughout
a maze Of contradictions. The supreme point IN which
he urged nducement TO tell the whole
truth. on the contrary, not statement he
had made had been coToborated Enlanged
hopelcssy in the meshcs Of the testimony offered he
seeks to csc pc Not one word Of explanation had
been given by him Of The circumstances tending to his
criminaton II their duty TO administer justice
and the law He did not stand there to strain the cs
mony against the prisoner, but simply to urge on them
10 weigh the evidence carefully dspassonatcly, i'm
partially No law Of nature could be violated without
sure swift and sudden penalty. II their duty TO
discharge conscentiousy The duty dovolyingon them
q duty made imperative by the laws OF God and man.
JUDGE BARRErT's CHARGE
II was four O'Clock when Mr. Phelps concluded bis
charge the jury occupying threequarters OF IN hour
lie began by stating that on the fifteen requests TO
charge submitted TO him by Mr. Howe he should charge
on an but two He then stated that the law recognized
the distinction between a who commits a homi-
eide when engaged ia felony and when not thus
Gagged In the former the law did not require the cc-
viewed tho testimony, leaving 1t FOR the jury to decide
as TO the weight 70 be given 70 IT, As TO the prs-
oner's statement regarding his move
ments on the night preceding the homicide,
the day Of tho homicide aud the day
following including hs explanation Of his possession
o tic watch Of the deceased lie left it entirely TO the
Jury 70 settle the question 10 the degree Of cred
iblty 70 be given 70 IT, II all the facts lead convnc
ingly and unerrngly 70 the guilt Of the prisoner In
their judgment, they must then ind him guilty OF
murder 10 the lrst degree II the facts we're not thus
conclusive to them, they acquit him. The pris
oner entitled 70 the benefit OF any reasonable doubt
They should weigh carefully the evidence and give IL
thoir best consideration aud Ia their verdict All would
aCquiesce
Mr. Howe asked the Judge to make a few additional
charres among them, that the prisoner left
the city after the murder, and that there marks
Of a conflict either himself or his clothes, which
requests the Judge complied with.
THE VERDICT.
Eight minutes after leaving the court room the jury
returned Every head bent forward md every eye
fixed ntently upon the foreman when he rcspon-
siye TO the question whether they had agreed a
verdict When a verdict Of guilty Of murder in the
Ara wa tha Of