The New York herald., 1877-03-04

out that Tobias moved Broadway TO Thirty third
street; that then or soon after the prisoner be.
and that bullet wounds then and thcrc inflicted
on tho breast and arm OF onicer Tobias.
TIE CONFLICTING EVIDENCE
SO much was unconlradcied. but therc was besides
in this great deal OF conflicting idence There
Was conflict as TO tho conduct OF the officer when he
put In his head al tho prisoners door different
OF the words he used were given aud different
were told as 10 his conduct at the time OF tho difficulty.
Tobias aud others sworo tho prisoner hred the Shots
aud O'Nell swore he took tho pistol out OF his hand
The prisoner no did not iirc the shots nor
did no even hear tho report OF their discharge
IL was for the Jury 10 endeavor to reconcile
these contradictions before pronouncng by their
dict that any OF Tho Witnesses had committed perjury
Alter reviewing the points which tho witnesses
tho prosecution and defence differed. he said. suppose
the jury came to the conclusion thai Tobias Jcrics
ana Byrnc had sworn falsely IN regard to tho posses
OF pistol by the defendant hon could thoy be.
lievc any other matter sworn To by thcmY And,
story # they believed he did not tell the truth about
tho POSSESSION OF apso that night? These questions
they must determine by their verdict
rnE QUESTION OF INTENT.
In arriving ut conclusion regarding the question OF
intent they take The act shooting uIo consd-
craton II man should say while striking vigorously
at one, l don't mean 10 hurt you. hui struck hard
enough TO ullct considcrabio Injury, would not
think IN spite OF the assertion that the intent to do In
jury cxlsicdy so II one fires pistol bullet INTO tho
body OF another he may either Intend TO k such
sou or 40 hm bodily INJURY, and the jury must deter
mine from the evidcncc n they believe the PRISON
rcd The shots what his intent was before arriving at
verdict.
no defence seemed TO be twoiold In It's character.
The defendant did not shoot al all, and II no did 1t
IN scdciencc. II they believed the hrst part they
must acquIt, ana they must apply me law of scli-dc
fence TO the other branch OF the defence The law OF
sci dcfcncc and the extent 10 wulch man may 70
ana the circumstances which hold him excusabe were
explained to Jury Az the CONCLUSION OF tho charge
Mr. lirooke entered exceptions 10 certain portions Of
Has Houor's instructions 10 tho jury.
AS the Jurors were about To rcirc Mr. Pray, one Of
The jurymeD, requested to have tho testimony OF
kouhlsnan O'Ncil read by ,hc stcnolraphcr. Ii was
read ana received With the greatest attention, the
us icanibg forward IA their seats and Tue m Jority o
tho audience leaning forward to catch every word OF
H. wii be remembered that ONeii testified to TAX
ing The pistol out OF Coburns hand.
Wnen this testimony bad been read tho jury retired.
II WAS then halt past ave
BRINGING ~ A VERDICT
At quarter alter SIX Ohccr raped for order; tho
crowd, that had meantime strocd cat into tho pas
sages, returned hastily tho Judge took has on the
bench, and tho jurors, with sober winch was
written Coburn's aic, red their box There was
momcntary suspense, during which tho prisoner with
open mou H. eyed the jurors closely. When they had
answered to their names the foreman stood up and IN
reply TO the usual inerrogatory, sad they had found
Coburn guilty ol tho offence charged IN the first count
OF the indictment This announcement fell on Coburn
with very 0tccable effect, aud Tor instant no
seemed TO quake under u as II stunned by sudden
blow Not far OF during the hnal proceedings was old
Bl Tovcc. tho veteran ring master, VINO might
have been readily imagined saying in the final pro-
ceedngs Gents lh's ere IS Joe Coourn that there
Is justice. THIS IS tho last round wind up" At this
moment, however, he coud only have been silent aud
in the attitude OF "throwing up tho sponge"
Mr.. Brooke made motion Tor new trial argument
which dcicrredl the ground OF variance, and
the further ground that tho verdict was against tho
weight OF evidence. Tho motion was denied and cx-
ccption taken
Another motion in arrest OF judgment about to
be made when Judge SUTHERLAND at the suggestion OF
Mr. Rollins SAID he would .ieicr sentence for the
present and remand the prisoner Meantime Captain
Williams with glcaE Of satisfaction IN his eye, took
tho pistol, who carcssing the prosecuting officer with
The prisoner sat silent among MS friends for
q little while. After some solemn Misunderstanding and a
word OF confidential advice with counsel he was taken
back 10 his cell sauder and sobercr boxer than
the night OF his murdcrous assault on Officers Jcr1cs
Tnt