The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-21
GUILTY OR INy0GEyTl
Conviction OF James Rice Of Manslauaht1
in the Third Degree.
MIR. HALLS DECLARATION
Judge Brady Defends the JurY-Thc
Benefit of Doubt.

The interest excited the question OF the guy OF
innocence Of RYAN and oschwald convicted In New
Jersey of murder, and whose recent expia!on OF
the terrible crime OF which they charged Is yet
painfully fresh IN the recollection OF the public has by
no means abated and probably will not be fully alayed
until the decisive determination OF the question Of
such guilt innocence. The case OF James Rice. i'm
dicted for the murder OF Hugh Mccabc. which has
been in the Court OF Oyer and Termincr, be.
tore Judge Brady last Friday, aud termn
atcd yesterday in the rendition OF verdict OF
slaughter in the hrd degree against the prisoner, has
raised "A question of similar doubt as TO whether
the condemned man committed the homicide OF which
lie has been adjudgcd guilty.. There considerable
commoton IN court yesterday when the prisoner was
arraigncd ut the bar Tor sentence His youthful looks
ana frank open expression spoke greatly in his favor
also the emotion no exhibited upon being inter-
rogated to what he had to why judgment should
not be pronounced against him.
PROTEST
Mr.. A. oakcy Hall, who had ably defended tho
prisoner arose and, with an agitation he valny strove
to conceal, addressed tho Court as foIows:
ask that this sentence be postponed until tho last
OF the weekuntl Friday. And desire to say, with
The indulgence OF the Court, aud must say H. that
know this man to be absolutely Innocent and with tho
indulgence OF tho Court desire TO say, that so beev
ine, SO knowing, desire IN tins public
nouncc my unatcrabc determination never again, as
| HWycT, 10 appear IN nOmciue case. ~
| | cannot demonstrate TO a Jury under crcum.
stances ike this tho absolute innocence OF
man under such circumstances of identity while
have no iaut TO hnd with tho jury, have right 10
find fault with myself, and therefore give tho best
! evidence OF my carncstncss Ia my belief when say,
| alter many hours OF reflection tho su bjcct, that
such is tho lesson which this has taught that
never, under any circumstances, shall appear again
! in homicide case. That, OF course. Is nothing TO
anybody but myself and | only state 1t because de-
s,s 20 ,h ate'' my ansou'o uene, IN as
have recommended him TO mercy, aud Your
Honor has alternative but sentence
| him. If he did tho deed, the jury believe he
did, he must DO guilty OF nslanghtcr IN tn. third de-
in the fourth degree except by stretch of the ,rs
oath, and therefore, earnestly appeal 70 Your Honor
| to make such inq aries you choose your
| nal aud Tor that ask delay, which will enable Your
Honor at least 10 give him the least sentence tho law
allows, and then to him who holds that balance Of
omnipotence which belongs 10 this world 30 far az
cemcncy goes proper Application may be made here.
| alter 10 still more mitigate the sentence
| REMARKS BRADY.
Judge Brady, with manifest feeling in his tones said
| in rcply;
II Is most unfortunate thing. indecd II this man Is
not guilty OF this offence that there should be way
OF proving his Innocence. 1t disturbs me very much
| as much AS II can disturb any one-that man con-
viccd oil crime like this may possibly BIO Innocent
1t Is very unfortunate circumstance that innocent
man should DO convicted; but think you do yourself
great injustice, Mr. Hail. IN surprising that tue jury
were not warranted in taking view of the evidence
when would lead - Tho convection OF your client, and
do not SEQ any reason why you, IN consequences OF
that verdict, should withdraw from homicide Tho
ana think the profession would regret II very much
indeed should myself hope that there Will not DO
many cases OF homicide in winch any lawyer might
appear. trust VIC will never again have a homicide
case TO try and earnestly look Tor such condition. VI
society but IT rs not likely that we will have such
condition OF things Tor some timc 10 Gomez long at
least, as We have a certain class Of criminals among
u.s. do not see any reason, because OF your not sue
ceedng in this trial. OF Withdrawing from tho proics
sion "a far as cases OF homicide are concerne because
client when one theory OF guilt was unanswerablo.
REMARKS HOWE
Mr. William y. Howe next briefly addressed the
Court iollows:-
know the intense interest taken in this trial by
learned advocate, who has given all OF us listeners
great pam his that tho result OF this
should induce his withdrawal for the future
homicide cases. know the power that that interest
has xcreised the mind OF the learned advocate.
and think am not stating too much when hazard
the expression TO the Court that also nov part
In his feelings IL is not necessary for tell Your
Honor-a Judge OF your heightened expcrencc-thnt
manner in which he conducted tins case l
say 1t with sincerity because II is tho utter.
Prosecuting pros oncer yesterday. Mr. Han can. upon
reflection, have no rcgrct-lf he will permit me so
nally to contradict hiin-I say he can he must no
shall have regrets Tor the issue In thus II
the evidence upon which the jury acted under Your
Honors charge which was our misfortune to be in
position not to contradict, that convicted him and
that evidence was, as Your Honor knows, aud rs
every listener iclt, handled by that gentleman
with more than HIS accustomed ability. The case was
presented with all the in1cntieabilty and zeal and
talent which no possesses. How great that is Your
how great II still remains all realize
this day. Having said this much permit mo
to add that TOO. think that this Is guiltlcss OF
this charge. have made investigation, and 1t IL
tho first time ever said ~ open court after
victon that believe that the vcrdct against the
fact and the truth but not against the evidence the
y Having SAID this much, by way more OF induce.
mcnt for the profession OF which he rs great
ornament, Tor tho benefit Of society Itself,
for the benefit OF the administration OF JUS
tcc. make these remarks in icrvency, hoping most
dev0tedly tho gentleman Will hesitate and ponder we'll
before he adheres to the resolution nj which lac has
felt constrained 10 arrive and announce in court
JUDICIAL DUTY
Judge Brady again spoke rs foows:-
There Is evidence before tho Court TO show that
the jury not justified IN bringing IL this verdict,
aud do idcr that guilty OF listening to
any imputation upon the Jury in permitting these
marks There evidence which abundantly justified
the verdict they rendered in aspect OF tho case
but the time 1t must DO SAID in difference TO
tho counsel that his duty was discharged consc-
cntousy, fully and ably. and that there much
done for the prisoner could be dono the
cumsanccs revealed by tho evidence by any other adj
vocatc, matter who he may have been. Win that
have discharged my duty for the prisoner, and tho
sentence Will be postponed until Friday.
CHANCE TO UPSET THE VERDICT.
Mr. Horace Russell, Assistant District Attorney,
thereupon addressed tho Court:-"If you have any
proofs to show that this mistaken verdict shall
be quite satisfied 10 adjourn II to still further day.
The prisoner was then removed to the Tombs, and
tho vast audience who listened with brcathlcss aon-
ton to the proceedings, dispersed.