The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-20
The Washington Market Homicide Case
Given to the Jury.
AN EMMA MINE WITNESS
Flight of Faithless Husband to the
Pacific Slope.
A COUNSEL NOT TO BE THRILLED WITH.

Tho trial OF James Rice indicted for murder in thh
ors, degree for Killing as alleged, Hugh McCabe, by
s,,,lino him ON the head with a Ratchet during
,,is, al Washington Market the 10th OF last Oc'o-
her was resumed Yesterday and greater interest was
shown In the case than on the opening DAY. Through
mistake the transposion OF names II was made TO
appcar in the report of tho first days pro-
cccdings that Frank McCarron was indicted for
Tho bom,cide IL Is also denied that the de-
ceased owed borrowed money 10 McCarron, to which
fact was attributed the origin OF the difficulty. AS
the hou- arrived Tor the recomnencement OF the trai
Yesterday the court room tho oyer and rerniner,
which is usually crowded when criminal trial takes
mace was thronged by crowd of interested
spectators Judge Brady took his seat promptly al
clever o,cocl and the prisoner called to the bar
and took scat beside ms counsel. hessrs ~ oakey
Hall and illiam f. Howe. The proceedings Were COM
mcnccd bv the defence calling William McCarron,
who testified that the commenced at his stand,
IN Washington Market, and thai Tho deceased anu MS
friends we're the apgrcssors TINS testimony
vas corrobornted by Il witness named Nicholas
Lcvick alter which Mr.. Howe called the prisoner To
the witness stand ana put HIM through irhs'ny sa
am nation and elected from HIM the fact that ne ala
not commit the assault the deceased with natchet,
as testified TO by the witnesses Tor tho prosecution
number witnesses were also produced VINO gave eV-
dencc TO the general good character oil KCe during DIS
residence IN this country, alter whch MI HAN ihauc
most brilliant summing up on behalf OF the accused,
couendng that the sad occurrence was the result oi
unfortunate melee which was Drought ABOUT ny 'lo
deceased his friends, ana thnt IL was cV'ueht no
one could tell who really delivered The iatal Diow
through which McCabe lost his lie. ME- nan
concluded his eloquent remarks with telling appear
To the Jury for them to acquit lie was IoioWcu ny
Assistant District Attorney Russell, who, WIN ikc
raruestness, contended That strong case had pecn
made out against Rice and that he certainly deserved
conviction and punishment tor thecrne he had com
IN tied Judge Brady delivered one OF MS usua' lair,
Iuc,d and impartial charges, eXhorting the Jury 10
calmly and deliberately weigh all the evidence, anu
submitted the usual legal propositions ana definitions
OF the various grades OF homicide, leaving the iacls 10
be silted by the jury. 49,,
The ury retired at haf-past four O'Clock, and The
arre III ropg in attendance waited patiently III the ex-
pcctation OF IL speedy verdict As Tor The prisoner,
though for the part keeping himself under adni-
rable se-contro, it was evident from his nervous
appreciated fully his painful poslion ana
how slight a might change the whole tenor OF MS
future career II is very rarely SO young ana boyish
look ing prisoner arraigned at the bar OF justice 10
answer TO terrible charge. HIS counsel ana
friends present. however, were not backward IN ther
words OF encouragement Al length, as hour aiter
hour stole away and no word came from Tue
jury the crowd began TO diminsh When
nne O'Clock arrived Judge Brady sent Il
message the jury Of inquiry AS to The prospects Oh
their agreement and getting answer that tney were
seemingly agreement than when they hrst
went out adjourned the court ill this morning. ana
ordered the Jury TO lock ed the night placing
them IN charge OF Officers William H. Ricketts, James
J. Nealis, J. u. Arnold and William Mcguire