The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-11
The Murderer Of Sergeant McGiyen Sent 10
Prison for bife.
DEFECT OF FHE LAW THE LOOPHOLE OF ESCAPE
Another Chapter in the Flint Dr.
vorce Suit
GilmOre's Garden and the Police
Commissioners.

Henry King, she murderer OF Sergeant McGiven
vas arrnigned yesterday in the Court Of General Scs
sions before Recorder Hackei upon Indictment for
murder In tho FRS, degree Is appeared before the
Coroner that William Freioorrgh, OF No 90 First
avenue tho evening OF the 10th OF July. about six
O'Clock, while walking along First avenue, Sixth
street, assaulted and his watch and chain at
tempted to be taken by Henry King he was detected
in the act and away, pursued by some boys, VITO
cried "Stop theft" Finding himself intercepted by
oniccr Kennedy the fugitive across the street,
where he stopped by Sergeant Mc.iven Inspector
McDermost's aid, upon which McGven cried out
"hold him; no has stabbed me-" OGAccr Kennedy
then captured him and found large pocketkpfo in his
band with which no had stabbed the Sergeant in the
stomach After lingering few days IN grea, pain
Sergeant McGiven expired and King fully
mitted by the Coroner for wilfui murder.
Upon his arraignment and after the indic,m ent was
read to him by tho Clerk and his plea demanded,
Mr.. william F. KNITTING, his counsel addressing
the Court, sn,d that the prisoner acting by his ad
vice, offered plea OF guilty murder in the
ond degree under the indictment Mr. Knitting then
sad that there evidence gong 10
show that the act Was committed with a do
hberate and prcmedtatcd design arec, death,
nor any evidence that the act committed
while IN the commission of felony for sad counsel
the blow struck one block away from where tho
robbery attempted, and after The attempted crime
Of larceny complete. The prisoner was guilty OF
murder In the second Degree which the intentional
killing without any excuse Justification, whereupon
counsel asked that the plea offered the prisoner
be accepted and recorded
Assistant District Attorney Rollins, addressing His
Honor said that no carefully examined the facts
and given tho much consideration The facts
stated by the prisoners counsel, substantially
correct 1t that it would be impossible tho
people TO prove that tho act suit OF premed-
tAtIon or deiberaton II was committed snd-
denly The sergeant was In citizens dress and there
was no proof they were acquainted. Mr. Rollins then
said there was provision Of law that would permit
convection OF murder in the first degree where the
was committed while IN the preparation OF felony,
but he did not think q conviction could be
tanned under the provision, tho felony of attempt
o block away from where tho sergeant received
his death wound In conclusion, counsel referred to
The OF Doan who hung Tor the murder OF Mr..
Noe That case he said different from that in
that Mr. Noe met his death IN his own house while
poan was engaged IN the preparation OF burglary;
while in this case Sergeant McGiven met his death a
block away from where King had attempted pcrpe-
rate robbery, aud in attempting TO escape. Bsiiev
ng that. upon the evidence and the law II q
sasc OF murder In the second degree II tho Court
surred with him he would accept the plea
Recorder Hackeu said he fully concurred with the
prosecuting officer and that, in his OPINION the jury
you'd not he justified IN convctng of higher degree
The Recorder then commented upon tie facts, charac-
lerizng his act as atrocous and revolving and that his
escape from conviction OF murder In the first degree
tho law, and that his duty administer the
as he found II. Whereupon he directed the plea as
offered to DO recorded.
Mr.. Rollins then moved Tor sentence Recorder
Hnckctt, after tow remarks TO the prisoner sentenced
hin to State Prison for life. The prisoner was evil
seemed to him an unavoidable doom--dcath on the
gsowS