The New York herald., 1876-10-10
A LIFE SENTENCE.


good share the session OF the Court of General
Session. Part J. before Judge Sutherland, was occu.
pied yesterday with the trial OF young negro named
David Henry Peterson for tho murder of his colorcd
mistress Josephine Kelly, in their apartment the
top floor OF the tenement house No 1b3 Baxter street.
o'clock on the morning Of September 20 AS
sisant District Attorney Rollins appeared to prosecute
and tho prisoner defended by Mr.. William +. KNIT
zing this day having been assigned him by the
Court extra panel OF jurors summoned, and but
little trouble experienced in selecting twelve un
prcjudiccd men, although counsel for the prisoner
rigorous in his challenging questions Mr. Rollins
opened the for the people with brief and clear
statement OF what the people expected prove 1t
appeared that Peterson entered his apartment at the
time mentioned apparently under the influence OF
llquor A lev minutes l,icr an old colored woman
named kccks. who nvrd on the same floor and from
whom lie prisoner hired his ROOM heard the screams
Of i woman and in a moment tue deceased Knocked
door for admittance, which being refused she
went back toward her own room. She found to be
In dying condition, and Dr. McNhnnic was sont for
Upon examination he found that the woman's right
lung bna been penetrated by sharp Instrument, and
upon The ioor OF her was found pair oil shears
more Than loot long and besmeared with blood. The
prisoner disappeared Immediately after the crime was
.ommited, but found aud arrested in livery
Chrystie street by officer James Maron. of the
Fourteenth precinct he first denied that he CON-
ntted the deed but aiterward admitted II, but
.iamed that he did not know what he was doing
Deputy Coroner McWhnnic and Mrs Fceks testified
that they knew Of the case detailed above, and
rery searching crosscxaminaton Of the latter by Mr.
Kintzng failed to make 1t appear that the deceased
had hecn company with a white tho
night OF the murder. On being placed on the stand
tho accuse testified that asleep bed when no
was awakened by hearing the deceased enter ad-
loining room company with a white man, and that
he thereupon got up. dressed. aud, without any
definite intention, seized the shears which ut
hand anu stabbed her
In summing up the case Mr.. Knitting argued that
his client should not be convicted anything higher
than mansnugEter, as there evidence of
tcnton TO kill MIR. Rollins argued that II the pris-
oncrs story to be believed he actually guilty
OF murder the first degree, and that the jury could
not reasonable men, hesitate moment about ind
Ing him guilty OF the charge IN the Observation-Disclosures
In the second degree. The law defined murder IN
the hrst degree TO be killing with dohbcraton
ana prcmcdation, while murder in the second de-
gree was constituted by killing without premcditatiou,
but with intent 10 XIII at the moment OF striking.
II the prisoner had been charged with assault with in
tent to Kill, supposing the woman had recovered the
Jury would have mad hesitation in finding him
guilty. As 1t was, the woman had died, and they
should have no hesitation in finding him guilty of The
charge tho ndisment Judge Su herland charged
the jury very briefly, and after few moments con-
sultation the jury found the prisoner guilty of murder
In the second degree. lie sentenced to contine-
ment State Prison for life Ii considered by all
In court fortunate that the Grand Jury did ndict
The prisoner tor murder IN the first degree toe lear
ful arocity OF the crime, coupled with the charge OF
the judge. would doubtless have resulted IN his
victon OF the highest grade Of murder
REACHING ASCENDING DEBTORS.
An interesting case OF contempt and one showing the
way absconding debtors can be reached decided
yesterday by Judge Van Brunt, OF tho Court OF Com
mon Pleas, the suit being Salomon vs. Moral In NO
vcmber, 1875, son OF the defendant and the planuG
we're copartncrship under the arm name OF Solomon
A Moral. They failed and effected compromise with
their creditors at Gtty the dollar In notes in
dorscd by the defendant To the latter against
bis liability the firm transferred to the defendant Their
entire business assets the defendant stpulang TO
iurn the same plaintiff after he shall have been
session of OF the proceeds paid OF
Inc settlement notes until March last, when having
more than sufficient money In his hands to the out
standing compromise notes, the piantn demanded
necessary to pay the remainder o tic
notes This the defendant refused TO do The plain.
I'm thereupon commenced this action Tor account
Ing ana leave 10 redeem his property, and the
from c.sposDg OF these assets The tried be-
ore tho referee the defendant claiming about 81 600
sor personal compensation. This defence
,ued and the referee decided that the defendant had
over So 900 IN money in his hands OF the plaintiffs,
rhich with some books and papers. ho decreed
1ecrcc Tho defendant left the city, ana search beng
instituted discovered that the defendant at
Phiadciphia and aid not ~ this city except at
rare intervals and on those occasions on saturday
svening ana cft on sunday ngnt, so that process
couId be served Upon this state OF facts warrant
as issued against hm Tor aUsconding and for refusing
10 satisfy the Judgment having property IN hfs hands.
Under this warrant the defendant arrested on
saturday evening the 3Otb nlii be Eayng come on 10
attend the wedding oi his sou, which took place on the
sunday following. On being brought before the Court
he was sxarn ned and stated that lie lett here July
IL and after going 10 Now Jersey went 10 Philadse