New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-27
THE COURTS.
MERCY TO A BOY MURDERER
ROBERT GERRiTY FOUND GUILTY ONLY OF MAN
SLAUGHTER IN LIE SECOND DEGEEB.

a
POpERT GERRiTY FOUND GUILTY ONLY or MAN
SLAUGHTER IN THE SECOND DEGREE.
The trial of Robert Gerraty, a boy Of SIX
teen. for the killing Of John smith On July 4, 1876 was
ended Yesterday with q verdict Ga uansinkhter IN inc
second degree and sentence TO years In the state
Prison The lad has handsome face and his general ap
pearance prepOssessing except that he seems weak
and lacking in sclfCOnu0l The story OF his CRIME
briefly that on the evening Of July he was intoxicated
and lnsultad young girls. One Of them' IN some
sharp words resented tho insult and he struck hera
heavy blow IN the face Several men at once interered,
among them the father OF the injured girl and the man
who was killed. smith took Gcrraty M and dropped
him outside Of the crowd in lump ~ the testimony
put it, Gcrraty recovering himself ran across the street,
caught No carrung and running back struck right ana
left and finally hit Smith the siie OF the head klhng
him The defense was that Gerray only boy, was
Wild with drink and excited by the treameLt Oh men,
aud gid no, know what he was doing.
Judge Brady, in charging the jury, pressen on tNen
the fact that the criminal was to BE- punished Tor bis in
jury TO the public and that jury mad IT'S duty 10 'he
public The defense o. passion was no excuse Tor thch
all that necessary would nc for person to encoui-
age passions INVESTIGATION to great an extent that
a man was Incapable Of forming a purpose was IN eX-
csc because then all mental power was gone and WIN
il the power Of intent But jury must see that thai
point was reached otherwise ntOxicati0n WIS no de
Tense for crime its result IL was duty that every
owed to society TO preserve >Is Ft4soH NHti
departed voluntarily he exposed snc'cjy 70
the dangerous which might result from MS
passions. Ii lie voluntarily put himself IN a SITUATION
which rendered him dangerous to others n shou~ noJ
complain If he called on 70 answer FOR the injury ne
had done
Judge Brady then discussed the definition OF murder IN
the inst and second degrees. II, dcircfatcIVH man
should resolve 10 Kill another who sudd 'nT app ed be
fore Dim, Ihai made Il deliberate "nl pTtmtdtJtcd
killing and murder IN the first degree In murder ID the
Second degree the intent Kill formed Oh ihe very
instant Of the blow II in this yOu come To tie
u,ion tnnt before the blow struck there was
lpIfl
tine bar 10 Kill with tlat eartrung, that womb be murder
in The first degree. II ne had no SUCH previous lnelon
hui tine OF striking the blow formed toe nfe-
ton Kill tnsn be- WOTd be gully Of nunie. IN the
Second degree II there ~ deliberate purpose 10 hllL
and tit carried DuthcOre striking the blow that Is
murder Ia the hrst degree"
Judge Brady charged the jury rs To TIE degrees
OF mdu.iaHghtor. Aftpr Il brief retirement me Jury
came u with verdict OF uansttShtrf IN the second
degree, at which the boy looked much relieved.
judge Brady sentencing him sad that lac thought
to, Jury had exercised the fullest mercy THAI could Ice
scd IN this case A. example 10 Others, as pro-
lection 10 society, and as emphasizing me Waiilh%
against iutoXcauu excessive dlHAluZ, hc Iri' n q
duy to sentence the criminal 10 the iu.l term, sNtn
wears ~ state Prison. Good conduct could shorten lhII
rs months aud he eJTH-s ty c0nWrndel TO nm sa'h
good conduct preparation for new me- iIt p'y
seemed uumOyed, but MS aged mother " Is WAJ5 O'k1
Whsiued % The sentence.