The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-16

occupation not a. . compact city but for suburban
vnaA he proposed a plan OF Park treatment with
coniormed TO the natural surface and not on the
soanguiar level system OF the city and that lines for
IaPu transit drainage and main thoroughfares should
SeolVe 'ne hrst consideration Then plans had been
noop'eu py the Board, and work was commenced on
them under the direction OF Mr. Olnsted This he
s as an illustration Of the principal question
MI ste6oms in favor OF the old plan Mr..
Martin thought II ruinous, ana took without hosita
ZION us r. NE responsibility. No property could stand
acre OF expense TO III Il for hnal occupation
$1,000 was NV
Some discussion followed between Mr. Martin and
MI Forster, the member who introduced the bil as
70 the We've OF the property owners. Mr. Martin
named all the principal owners, and challenged NJ
Forster 70 produce any one OF them favor OF
eced plans for laying out that district favor OF
his bill for reducing the commission He claimed thai
he had fully answered the points that had been sub
mitted In favor Of the ball
MURDER LAW.
There seems to be considerable Misrepresentation
relative 70 the proposed amendment 10 the law IN rea
ton to murder. When the bill was fret introduced,
some weeks ago, the general impression prevailed that
us OBJECT was to allow jury 10 bring IN verdict
or murder In the second degree where the
killing OF one person by another Is perpetrated In
the commission OF felony, II IL could be proven TO
the satisfaction Of the jury that the killing was not
done with design TO eject death. Most people nat
uray revoited al this supposed change being OF the
crime OF burglar or other person who killed another
while for instance, struggling escape from the house
he intended 70 rob, was murder in the first degree
now pending In the Assembly is to make
the crime OF person who, at the commission OF a
eiony Kills another murder in the first degree beyond
doubt In the present law OF murder that portion
which relates to this particular killing reads thus
Such killing shall be murder in the first degree when
perpetrated without any design to effect death by
person engaged in tho commission Of felony.n
IL VIII be SEEM therefore, that now jury
IN ni,os dealing with a burglar who may have
he (the burglary attempting TO escape, must be
satisfied that the killing was done without any de-
sign to effect death, before they could declare him
guilty OF murder in the first degree certainly a very
difficult matter In order that you may be able to
at once the Importance OF tho amendment pend
ing, give Il herewith precisely as II reads on the
printed files
Such killing, unless IL be msnsaughter exrusabe
unsuitable homicide, hereinafter provided, shall be
Psrpetrsed from deliberate and premedi-
huma being ~
Seo,nd,when perpetrated by imminently danger
human le although without any premedtated design TO
Ihtrd-When perpetraed by gagged the
mission Of any felony such killing unless be murder in
homicide As hereinafter provided shall be murder in the
degree when Intentionally but without
In the section Of the relating murder in the
exegsabe" and Josdabie" whereas the words without
any design to effect DEATH do between the
any felonyn
The amendment, you will perceive at once, is most
important one and Will have just the effect II IL be-
comes a law, which people have enormously
got 1t into their heads it would not have-namely,
TO make the killing OF any person by party
engaged In the commission OF any felony mur-
der IN the first degree, matter whether
the killing was done with design to effect
death OF not may add that the amendment was re-
ported favorably to the Senate unanimously by the
judiciary Committee, headed by Judge Robertson and
that II will BIO reported TO the Assembly favoraby by
the unanimous vote OF its Judiciary Committee. Had
II not been for tho Misrepresentation which has pre-
vailed among those who did not take time TO look into
the change In the present law the amendment proposes
to accomplish there never would have been a voice
raised against its adoption
THE RECEIVER NEW YORK.
According 10 the bill introduced by Mr. Whitson the
Commissioner is hereafter TO perform the duties of
the attorney for the collection of of taxes
have power TO appoint person to summons
&c, who will have all the authority of a marshal
THE SOUTH SLIT.
Representatives OF the Produce Exchange to-day ar
gued before the Committee on Commerce and Naviga-
ton against the Bradley bill, which proposes to take
piers No and from the canal district " The real
object of the bill Is 10 give the Union Ferry Company
room for an additional slip for the South ferry boats