The New York herald., 1876-10-05
THE GALLONS LOOMING UP

sCHwAMr, THE UNION HILL MunDERxRv CON.
vIcTED OF MURDER IN THE FIRsT DEaRER-
The trial Of John Henry schwamb for the murder OF
William H. Bette, at Union Ill., on tho 4th OF August
was brought TO close in tho Court OF Oyer and Ter.
miner, at Jersey CITY, yesterday. Immediately after
the opening Of the court Judge Knapp delivered his
charge, which characteristic OF stern Jersey jus.
ice. He swept away sentmcntality and mistaken sym
pathy warning the jury to keep In mind tho great
value Of the life that destroyed and the necessity
Of throwing every safeguard around human liie His
ridculc OF tho stale plea OF insanity a oopholo OF
escape Tor desperate criminals deprived the cuprt Of
his last hope. Tho charge occupied hour In dsliv.
cry. Tho following Is a summary:-Aiter citing the
different degrees Of murder and mansaughter and
explaining what constituted each he said was the duty
OF the jury TO inquire how the prisoner obtained the
pistol by which the crime was committed II dan
gerous weapon is purposcly used tho law holds sho
person using II as having used with intention.
i the defendant nred the pistol at Bette IN manner
that the natural result would be death he must
be held guilty OF murder in the nrst degree.
Human life Is too precious TO be treated
lightly. and he who wlully endangers destroys the
life of another makes himself responsible the Law.
The defendant went To his sisters house and quarrece
with her; stranger attracted to the place by ths
noise, and finding the woman In apparent peril, at
tcmpts 10 shield her. the prisoner goes into the yard
from where he fires pistol The bullet from which
striking dangerous proximity TO his sisters head.
Bette, standing In the door cndeavoring TO the
prisoner from doing his sister violence, is shot BY
pistol ball which entered his neck and passc down.
ward into his spinal column The defendant claims
that lost his mind az time OF the shooting but
IL appears that he reganed his memory on being ar.
rested, and gave ms reason why he had shot Bette
that he interiercd between him and his sister.
The jury has tho right TO reject all Of the
testimony OF the prisoner which is not con
vincing to s truth The defendant interposes the
plea Of insanity but he must be proved TO have been
before he be acquitted that ground Tho
law presumes every be sane until no 10 proved
Otherwise and II is not every disturbance Of the mind
that will excuse the commission o crime. The ques.
ton 10 be settled by the jury WAS tho prisoner
aware at the time he committed the that hc
doing that which he ought not to doyn If Is found
that he he must be ound guilty As the tcsti-
mony that the prisoner in OK Gated drunkenucsa
Ia for crime but II may be taken into
consideration TO the degree OF crime. there may
be such degree OF drunkenness would ncapacilate
the defendant TO torn intention IL kill. Such q
condition be taken in mitigation OF the crime
IRON tho first to the second degree OF murder. The
shooting OF another party than the actu-
ally trying to Kill is less murder IN the nrst degree
than II he had killed his intended victim.
The jury retired at eleven O'Clock and at hall past
twelve they returned into court Meanwhile the pris.
oncr brought In from the jail by Sheriff Iavcrty
and when no was told TO stand up and look upon tho
jury the muscles Of his face quvered and a nervous
answer to the Clerk the foreman SAID the
jury had found the prisoner guilty. equity Of
wha,s" asked Judge Knapp to which the
foreman replied, "Guilty OF murder In the
the same The prisoners lace became deadly pale
and tears burst from his eyes, HIS little daughter aud
sisters who in tho court buried their faces 10
their but did betray any passionate
emotion Tho prisoner was takcn back to jail IRON
which ho will be removed after day two 10 receive
the sentence OF death II Is worthy OF note that the
jurors were throughout unanimous for q verdict Of
murder IN tho FIRST degree