The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-03
KILLING A LUNATIC.

The trial or John Powers, formerly one OF the
keepers at the Wards Island Lunatic Asylum, In
dfcted for murder In the first degree for killing,
by beating him with bludgeon Gustav de YER
non, a lunatic confined in the asylum, was re.
sumed yesterday in the Court OF oyer and Ter
miner, before Judge Braoy. Rarely has there
been case In the courts presenting such features
OF atrocity. The prisoner took his seat by Mr..
William Il. Howe, his counsel and the testimony
revealing the extent OF his brutality being all In
a look of deep and painful anxiety was visible IN
his face; but as Mr.. Howe proceeded TO sum up in
his behalf and sklliully relieved the case OF its
asperities, this ragged edge OF despairn look
vanished.
In addressing the jury Mr.. Howe spoke with un-
wonted earnestness, and, though not going so far
as trying to convince them black is white he Pic
rured tue case IN the most favoring light possible
lie reviewed the medical testimony carefully and
introduced the opinions OF Ruchnell and other
eminent authorities bearing upon the case. He
then reviewed the testimony and showed the
striking conflict OF opinion between the medical
witnesses. lie cited several circumstances in ex-
tenuation OF the apparent severity OF Power
toward De Vernon, and reminded the jury OF the
painful ana agoniz1ng scenes OF lunatic asylum
He described infinitely the manner and form OF
the assault and called attention to the fact that
the deceased labored under pneumonia and that
it NAV nave been Unnamed ana aggravated DY the
assault. After going over the history OF The case
and endeavorlng 70 support the theory that death
was caused by other causes than that Tor which
his client now arraigned at the bar, Mr.. Howe,
relying upon the Intell1 gcnce the discrimination,
and the prudence 81 the Jury. was confident that
a verdict would be rendered IN accordance with
the interests or justice. lie insisted mat az the
utmost they could only ina MIN guilty o. man
slaughter in the fourth degree, out ne earnestly
pressed for an acquitaL In the course OF his ad-
dress, which occupied over two hours, no ami
madverted on the fact OF a young and lnexperi-
enced physician being given the medical care OF
the deceased. he made a strong point OF the good
character OF the prisoner. Seeing the deceased
raving with frenzy, he having already IN MS mad
derium wrenched an iron Der from the window,
and trying To batter down the door, for tie prls-
oner then TO 90 into hts cell, AT the risk 81 his
life To secure him aud prevent his DONG violence
70 himself, he pronounced. an set Of moral hero
ism. In conclusion. ne insisted that a there
was a doubt whether the deceased DIED or dis
nom the effects OF the heating ne received, the
prisoner should nave the benefit OF sucn douot.
Assistant District Attorney Lyons comDated all
the points raised Tor The defence. tie claimed
a verdict In accordance with the indictment.
Judge Brady gave clear ana impartial charge,
he ewelt upon the gravity Of the crime CHARGED.
but left II Tor the Jury 10 determine whether MS
death was accelerated through the violence ne
ceIved At the hands OF the prisoner.
The Jury brought III q verdict OF mansaughter In
tue fourth degree the prisoner gave his age as
nifty seven. Judac Brady, IA passing sentence,
said that the Jury mad taken most merctful view
OF hts case and he :eit u ms duty To him
iu penalty OF the cTime-two years In the state
Prism. The prisoner was immeuiarely removed
m custody OF a de DUTY snerin but IL was evidently
the general verdict OF all present that ne had had
q very lucky escape.