New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-11
THE COURTS.
TIE JACKsoN-sT. HOMICIDE.


,-,1D,r-r ov MITRpER IN THE SECOND DEGREE.
Tho trial of Thomas Hayes for the murder OF
bomas Delaney before Judge Barrett IN the Courtor
Over and Termlner, was concluded Saturday evening
The defense recalled Dr. Powell, the police surgeon VINO
Aressed Hayes's wounds the day after the shooting
t1a admitted that the wound 10 the prisoners band
might have been made by the hammer of the pistol out
ava not think u was Daniel Lindsay testified that he
recognized the pistol with which the deceased was shoE
this pisol drst belonged to him; when he was handing
A. once in agerbeer saloon IL suddenly exploded, SEND
ing a ball through his nuGer, tie mark Of which he ex
hibited 10 the jury; perfectly sober that day
although he had been intoxicated the previous evening
Mr. Hall counsel Tor the prisoner reve we'd the faet'
1T great length occupying nearly three hours ID MS
Dress oontendng that the facts showed that the meet
ing of the accused and the deceased was acclueuta
maj there was an utter absence Of grudge betwee
the that the action Of both az the door OF the houss
where they showed the absence of all malice as ala
the prisoners subsequent walking away after high
vords had ensned between them. show his desire to
lswinx up accused and wing the QUARREL THAT
what done done In the heat ~ passion and lett
" so, for reredttofion that the ARRAY was sudden
one ana the Of uf";ing the wound showed 1t TO
have IN tho heat OF passion; that his hight snbse
1nntlv was merely nldloaus prompted by the advice
o. friends that he o0Id nave escaped he 50 desired
xrec arrested was such as TO make what he thon said
Wholly unTea he that when he came 10 his senses he
made secret of his ac that he avOwed u some OF the
witnesses that he the way tO che satoD-house 10
give himself up; that he kent such way in the most
drect manner crossed the the proper point
and IN proper direction and keeping stea My in
tai direction when arrested that in short, the whole
Testimony showed the prisoner nave acted III sefde
fuse al most ~ the heat OF passion, and constituted
only anslaughtcr in the fourth degree.
Assistant D.strct-AJOrneY Lyons followed on behalf
o. lie CutiOn. He claimed that all TIE credible
testimony pointed the iact that there had
hesu crolucss between the accused aud the deceased
tat tbs GOODNESS bad rpencd utD grudgr and on the
uI-At in question into such Deliberate intent tO take
tc In Of lie deceased Is constituted murder In the
1rst tCgrre that he wounds tie prisoner self
II c-d af,-r he shooting. for the purpose OF fabrcat
inS testimony on the question OF SeI-deienSe, a9d thdt
ls attempts at eaincnt were eNdenceS OF MS coz
sCuu5 Cl!l..
Jdce Is rrctt in charging the Jury. dwet the pro
ySu OF TIE statut. WuICh jus hod the XII ing of
4 .er. crcuustaIc.s must uJt BE- mere Insulting
IOris INJURIES IN C;ed wtn he uuarmed hand,
-. ctus q Wc--rJuu Ted appre hensiOn
taAecr tine lite OF the party sng or else OF great
it1AY larY.
tc. H..utcs before O'clock tue jury retired. and
IN .cu inmates latu with verdict OF
utl,. ~ o.. ,acuII dc-ree. NJ. all. counsel for the
prisoner. tleu requested tuat sentence might be de-
....rII.ra .ev G.l-. Juig trct, gr1ntet the re-
- ..t, and uE'I Ties .av .VrIa- next rs the time
&acu scu.cu,. .ull Oe imposed O the rendition Of
L.. ytI4l fu.tui t H. eryds OlEIOut me trial,
to.h poison dad Is vOuIE WAC "ept .I.tciy. TIE
p,ualty 10 tAls d. murder ImplisOn-
L.cAt fOI .I.ts