The New York herald., 1877-11-16
THE GALLows CHEATED.

OTTO, THE CART RUNG MURDERER, FOUND
GUILTY OF MANsLAUaHTER IN THE FIRsT
pEGREE-HE is SENTENCED TO STATE PRISON
ron TWENTY YEARS
The trial OF Edward Otto, indicted for murder In the
first degree causing the death of T. A. Harrington
on the Sd OF June last by striking him on the head
with a cart rung, was concluded yesterday before
Chief Justice Davis In the Court OF Oyer and Ter
miner Assistant District Attorney Rollins appeared
for the prosecution and Mr.. William Y. Howe for tho
prisoner, who is a young under twenty years Of
age but apparently OF the coolest and most col
Iectcd persons IN the crowded court II is un-
necessary TO recapitulate the circumstances OF tho
homicide they having been already fully given in tho
HERALD.
TESTIMONY.
The first witness called was Charles S. Strominger
living in the house opposite whore the fatal ARRAY
occurred He testified that he saw QUO opposite tho
saloon of Peterson Brothers about hali-past eight
O'Clock the evening OF the murder; that OF tho
Petersons out and spoke to Otto; that Otto got
OIL the wagon which ho seated aud gave Peter
two black eyes that the deceased then came TO
Ecersons assistance and kicked Otto and beat him,
and that otto got away and exclaimed TO tho deceased
.I get even with YOU" He further testified tha, at
O'Clock the same night he saw the prisoner and
one SPAR outside the saloon that they were using we
language and daring the deceased TO come out; that
pepp0rsOn came ana begged OTTO TO 60 away;
that osto said, IN not 60 till have laid some one
(" that the deceased then came out ana Sparr
made hit at him; tnat the deceased advanced toward
Otto, anu no did SO that tho deceased slipped and
fell into the gutter; that as he was getting up QUO
struck him deliberately on the head with large cart
rung which ho held Ia his hand both hands Deing
used IN striking the blow.
Pepperson and othor Witnesses corroboratod TINS
testimony. the house surgeon oil Bellevue Hospital
testheu that death ensucd IRON fracture OF the skull
caused by the blow
PRISONERS STORY.
tilted that deceased beat and kicked him. and that
when he struck the blow he did not intend 10 Kill him.
On he stated that after the aterca-
tion had he went some distance and got the
rung, and that he waited outside tho door until
reason OF his being about 50 long WAS because
looking Tor his hat. When Mr.. Rollins
put the formidable weapon IN his hand no reiterated
his statement that he did not intend 10 hurt the de-
ceased, statement that caused visible shuddcr OF
doubt among those listening to the testimony.
SUMMING UP AND CHARGE.
The above closed the evidence when Mr.. Howe pro-
ceeded TO sum up. After commenting on the PRISON
ersyouth and tho provocaton he had received ho i'm
pored tho jury to consgn the prisoner to Tho scat
told. lie contended that they should not convict OF
murder The first degree, because there proof
Of debcration. Mr. Rollins, in a most forcibie
reply, demanded a verdict OF guilty OF murder IN the
nrst degree Insisting that the TACT that the
deliberately went for the murderous weapon and had
thirty minutes Tor deliberaon and made the throat
that he would lay the deceased out, which threat he
carried murderous execution, clearly brought the
within the statute OF murder III the first degreo
Judge Davis gave very clear and impartial charge,
lnsuctinK the jury 10 orins IN Vcfulct III ACCORD
ance with their Interpretation OF the evidence, with
out any regard 10 wnat the result OF such verdict
might be.
VERDICT sENTENCR
The jury wont out about halfpast lour and were ab
sent some two hours, when they came into court
again and rendered verdict Of guilty oi manslaugh
ter in the first degree. When the verdict was made
known the countenance OF the prisoner lighted up
very sensiby. Judge Davis once proceeded pass
sentence He related while he satisfied with
the verdict he ielt that the jury had taken very
lenient view Of the case, and that they
Vntn rlfh hau nm nj
murder in the first degrec. AS an example, however,
10 others he considered his duty TO pass upon tim
severe sentence, and thereup0n sentenced him TO
State Prison Tor period OF The prisoner
received his sentence with apparent stoical ind fer
ence large crowd had been in attendance all day,
which renamed until after the sentence had been
pronounced, and u number of them expressed them
selves freely the matter aerward seeming to think
That the prisoner mad marvellous escape from suffer
ing the extreme penalty oil the law.