The New York herald., 1876-10-26
THE COURTS.
Rufianly LawleSsness as Shown in the
Hayde Murder Trial.
MGINN SENTENCED FOR LIFE.
The lnman Steamship Company and
the Tonnage Duty.

The trial OF Michael McGinn for murder in the hrst
degree continued yesterday in the Court OF Gen.
eral Sessions Part before Judge Sutherland Several
witnesses testified that O'Clock the morn
Ing OF September Patrick Hayde, young brakeman,
employ ed by the New York Central aud Hudson River
railroad Company was sitting upon the stoop OF
xroccry store ut the corner OF Laight and Hudson
streets the depot he having concluded his nights
work, when he was approached by a gang OF young
rufhans who at The moment emerged from lager beer
saloon in the basement beneath the stoop on which
Hayde was sitting. and that McGinn, advancing from
The Others attempted insert his hand into the pocket
II the latter who apparently asleep that the gang
vas thereupon driven away by some icllow-work,
ncn OF Hayde; that IN driving them away
scufile occurred IN the course OF which
Mc(siun attempted t0stab Haydc, but was prevented
by another member OF the gang that, fifteen minutes
alter beng driven away, the gang returned, McGnn
and two others carrying open knives, and that wnen
uayde attempted retreat he followed by Mctinn,
who picked up from the ground an iron coupling PIN
and deliberately threw AT Hayde, striking him upon
The head aud producing wound, from The effects OF
which he died, the 9th oil the same month"; in .nc
Chambers Street Hospital. On the other hand, taerc
called for tho defence several companions OF .he
accused and one witness. who swore he knew neither
of the parties aud these all swore that :hcy had seen
ZONE heavy article, which they believed to be the
coupling pn come from the direction OF the deceased
md his friends and strike Mct;lnn in the breast,
ing second Tor delibcration threw IL back,
iniicting the fatal wound. AZ the conclusion
OF tho testimony the counsel Tor the prisoner
summed up He claimed that his client had been
struck In the OF the tirst scufic by the de-
ceased and that when he found himself struck by the
iron pin he threw II without deliLcraton and without
intcnt to kill and that therefore he could bc found
guilty Of crime greater than manslaughcr in low
degree Mr.. Lyon for the people, dweit upon the
gin of the Quarrel. which wns the attempt of the
prisoner pick pocket OF the deceased and argued
that the prisoner back alter the first scule de-
termncd have revenge for being foiled in pur-
pose, and intended 10 kill the deceased with the open
kniic which ne at that tune carried IN ms hand. and
that when tho deceased moved away he, without
changing bis purpose, picked up the fatal weapon
when he found he could not reach his victim with the
knife, and that he was clearly guilty OF murder In thc
first degree Judge Sutherland charged tho jury at
considerable lcngtn reviewing the testimony and de-
hning law upon all points likely 10 be considered
by the jurors
The Jury retired at a few minutes 10 six clock.
After being out some time it being announced that
there prospect OF speedy a2reemenN Judge
Sutherland said that he would wait till O'clock by
which time II the jury mad not agreed he would order
them to be locked up'ior the night
About halfpast O'Clock the jury sent In word
that they we're ready TO deliver verdict Judge
Sutherland, arriving little after eight, they
jury!n asked the clerk and the foreman ercd:-
ssGrity"
''Guty Of whatv
s.Guilty OF murder In the second degree
At the request Of Counsellor Pricc they were then
polled, and they answercd-each one as his name
caed-"Guiity'
Judge Sutherland then, in few impressive words,
delivered the ACKNOWLEDGEMENTS AZ hard labor
Tor lite. II stated last night by the prison er's
counsel that appeal will be taken.
W. HppA La..s.