The New York herald., 1877-06-27
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Faber va Solomon.-Cass settled and nlcd.
GENERAL sESSIONS-PART 1.

Before Judge Sutherland.
THE M'DoNALD HOMICIDE.
Tho trial OF James Blake, charged with the killing OF
John Mcdonald ~ the corner of Dominick and varck
streets, on tho evening of last New YEARS. Day.
continued yesterday. Tho prisoner, who Is a young
man Of respectable appearance was surrounded by his
parents largo number o. his relatives Mrs Nc
Donald tho widow Of tho deceased, with her infant,
occupied seat In tho witness box Mr.. Spencer with
whom was associated Mr.. Potter Mitchell, summed up
on behalf OF tho prisoner He referred tho excellent
character the prisoner had previously borne, and
tended that he could naturally have committed
grave an offence that charged. Ho submitted that
the prisoner In the clutches OF powerful foe
that was only when he ielt the fingers OF tho de-
ceased slowly killing him by strangulat,on that no
pulled his pistol and fired In self-deenco In concu-
sion, be argued that the prisoner was justified ia
sorting 10 any violence which would have tho ecc Of
saving his own hie and asked the jury 10 SCOUT the
Assistant District Attorney Rollins replied on tho
part OF the prosecution. While expressing sympathy
Tor the position Of the accused, he submitted that tho
pity should be divided that there should be
tended to the widow whose husband was struck down
without warning. He contended that II the prisoner
went forth unwhpped OF justice similar acts would be
repeated by others The learned counsel IN the
course OF very powerful and effective address, drew
vivid picture oi the murder New YEARS. Day; how
tho prisoner without provocation and when he could
readily have got away, deliberately drew his pistol aud
sent his companion into eternity He said the pris.
oner belonged to class Of young men who armed
themselves with weapons on New Years Day and on
the Fourth Of July IN anticipation Of some sort OF dis
turoance-a class oil young men who aftar they have
taken few drinks feel disposed TO quarrel and shoot
the first man they come across Mr. Rollins severely
criticised the conduct OF tho prisoner tho
witness stand whose cool dcportment clearly evil
oenced his entro absence OF regret Tor the terrible
crime no had committed. In concluding his exhaus-
tive address tho prosecuting counsel warned the jury
TO be mindful OF their duty and not to allow the youth
OF the prisoner 10 Affect their judgment in case
where justice loudly called for adequate punishment
Judge Sutherland then charged the jury pointing out
the law bearing on the offence charged In the ndic
ment. Alter an absence OF about two hours the jury
returned verdict OF murder In the second degree.
Messrs. Spencer and Mitchell made strenuous efforts
TO have the sentence postponed on motions Tor new
trial and in arrest Of judgment Judge Sutherland
however, denied these applications, observing ut the
time that he FULLY concurred IN tho verdict
dercd by the jury. He then formally sentenced Blake
TO imprisonment for life IN Sing Sing Prison.
KILLED WITH AN UMBRELLA.
Richard O'Keefe, bricklayer, residing At No. 445
Assistant District Attorney Rollins charged with tho
killing OF John Fitzsimmona It. was alleged that on
tho night OF November g. last the prisoner. with two
other brickaycrs-the deceased and Jeremiah Dynan-
met in McCormack's liquor saloon, Forty.arst street
and Eighth avenue. They all drank very freely and
finally dispute arose to some trade matters In
the course OF the alteration O'keefe struck Dynan
with an umbrella which he carried In his hand Fltz-
simmons rushed 10 his friends assistance whereupon
O'Kecie made = lunge at him with tho umbrella and
struck him Ia the eye FitzsimmOns shouted immedi l.
atcly that he had lost hts eye and Dynan attempted
hold O'keefc, but tho latter escaped. He sCbse-
quenty arrested bnt denied tho charge. Fitxsmmons
conveyed 10 Bellevue Hospital aud died the follow.
ing day. Dynan was examined by Mr. Rollins 10
the affair." and the above facts were disclosed. Mr.
Howe who defended the prisoner, had not concluded
his crossexamnation Of that witness whom the Court
adjourned until this morning.