The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-11
SIMMONS MURDERER.

ANDREAs FUCHS TRIED yoB THE BUTcHERY or
HIS sHoPxAxx-vxRDIcr or MURDER IN
THE FIRST DEoREx.
Andreas Fuchs, the murderer OF William W. Sim
mons was brought before the Kings County Court OF
Oyer Termnsr At halfpast ven O'Clock yesterday
morning. Judge Pratt presided, with Justices OF ses
McKibbcn and walfort The court
crowded 10 excess during tho day. and many persons
were unable TO gain admission Conspicuous among
the crowd was Mrs Fuchs, wife Of the prisoner who
repeatedly shed tears during the proceedings Fuchs
also wept from time to time.
Mr.. John A. Taylor, counsel for defence. In summing
up, raid:-If tho jury believed the prisoner to DO
bloody butcher he would not expect that the man
should escape the penalty OF the law What asked
was fair unbiased aud rational Judgment, IRON which
tho pressure VI public sentiment shall DO removed. He
would ask the Court 10 charge the jury exclude
rey all the horrd details OF tho buschery OF tho body
from their consideration OF tho The counsel then
proceeded TO cite authorities TO what tho
law defined murder in tho FIRST and second degrees II
the killing was done finding tho deceased criminal
Intercourse with his wifc the prisoner justnabo
killing Smmons No matter what tho character of tho
wife she protected by tho law or the land against
violation. II she nsensible from liquor II rape
and Fuchs justihabe. Tho fellow workmen OF
Fuchs had given him very good character. He was
the habit OF passing tho evenings in lager beer
saloons but when not earning bread for his wifo and
her child at homo with them. The wife and the
children OF William Simmons long widowed and
orphans before this act OF rhe prisoner for tho home
hlghtcd and desolae is possible make 1t when
the husband and tho father abapdors in pursuit OF
sh yn Sa Sau ho shs
its theshod IL shall DO TO walk TO his death.
Having spoken for rwo hours and Ave minutes
Ron nlo cnnr Ind and nj nfr thn Cnnpa fank
. recess
Al haI-past one the Court reasscmbled and Dstr Ct
Attorney Brtton proceeded to sum up for the people.
He said LII the hero had committed a crime II
would DO crime for the jury TO seek to screen him.
evidence adduced might 80 such as to warran, him il
oskng for verdict Of murder 10 the second degree,
but ne 81 ne nS to ask
Tho District Attorney reviewed In detail tho test-
OF Fuchs and declared ridiculous and absurd
During inc recital the prisoner looking round caught
his wic's gaze, and rising suddenly in hts seat, OK
claimed,
An officer who sat by his side pulled him back into
his chair and Fuchs taking out mis- handkerchief wept
In concluding his speech Mr. Britton submitted that
as amatsr Of fact according TO Fuchs own statement
tho uct Of killing such as to call for their verdict
of murder IN the first degree. (Applausc.)
Judge Pratt defined the several degrees Of murder
and manslaughtcr and dwelt imparaiIy upon the
dence 1t had been suggested that for time the prs.
mentally irresponsible or course IL Is essen
Court did not understand that the defence insanity
a. s sa' ns
troll the impulse. Tho insanity theory could not
be entertained unless the testimony proved 10 be-
No prejudice against simmons should interfere with
them in tho verdict. Had rape been discovered IN
tho case then the killing would BE- jussnabc but they
must DO satisfied upon the evidence on that point
Unsuitable homicide must be determined tho test
mony as weighed in the judgment Of the jury In This
Ia IN ~ yyna acftu
under great provocation and that u was therefore
only manslaugh.er the fact that he saw this and
hts wifc in the Of adultery when he killed simmons
does not reduce the killing 10 granddaughter. II he
hadthe intent to kill him, was murder II he struck
murder IN The second degree II The blow struck
In the heat oil passion and without intent to KILL
then II manslaushter In the third degree
whether tho prisoner had the deliberate intent in his
mind TO take life when he struck tho blow. Did he
form the idea ponder and reason upon II, before he
committed tho acs? The jury should weigh the nnu-
the prisoner had in making his statement and
tho facts
Al twenty minutes past three tho jury retired 10
iibcrsts upon their verdict, and the prisoner, who
again wept and hung his head was led to seat In
the corner OF the court room.
THE Jury OUT
The interval from the time the Jury went out
Gil. they returned was two hours and forty
minutes. About fve minutes before six O'Clock tho
looking, gray bearded man, about sixty years OF age
entered and filed thclr seats They looked pale
ana serious.
THE VERDICT siuUILrYln
Mr. Law, Clerk Of the Court, With voice trembling
with emotion, said: 1.-The jury Will please aud
answer 10 their namos they are cacd" Each Juror
responded IN low tone. The prisoner then told
to rlsc which he did tremblinsly.
''What Is your verdict, gcnticmenf" inquired the
Clerk, In tone almost inaudibie
The foreman OF the jury answered.
''we Ind the prisoner guilty Of murder In the nrst
degrce''
$50 say you alf"
$50 say we all :" the response.
The Court directed that the jury should be poilcd
sIs the verdict recorded your verdict ~ asked the
Clerk and each juror replied in the affirmative as his
name called aud the question put
One OF the jurymen shed tears during the solemn
scene.
Counsellor Kingdom then moved that sentence be
deferred and the prisoner remanded enable tho de-
fence prepare papers which they deemed necessary
in behalf Of their client
District Attorney Britton said horc nothing to
be accomplished by such proceeding The sentence
could be imposed by tho Court and still the counsel
would have ample timo to take such action as they
might deem necessary
After some further argument, Judge Pratt rcmandcd
the condemned jail till O'Clock this FORE
noon, when the District Attorney will move for
tcnce the manacics placed the wrists OF the
wrctchcd man, and he was removed TO Raymond Street
Jan, followed by great mob OF men and boyx
now THE JuRY STOOD.
Amer the jury had been discharged with the thanks
OF the Court the HERALD reporter had conversation
with Of their number, who said tho Of tho
delay that juror conscientiously opposed
TO capital punishment When they took the FIRST bal
lot in the Jury tho vote stood follows For
murder tho nrst degree, 8; Tor murder In the
ond degree 81 for mansIaugher In tho third degree l.
After vote the second degree jurors to
The first and the scruples or tho man.