New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-28
FOUND GUILTY OF MURDER.
CONVICTION OF MICHAEL ToBIN.

CONVICTION OE MlCHAEL lODlNs
SENTENCE OF DEATH TO BE PRONOUNCED ON
MONDAY.
The trial of Michael TObin, the United States
soldier concluded yesterday by the verdict OF tho
Jury declaring him gull OF the murder of bis comrade
Albers at West Point on February a. 1873. No case
that has occurred the United States Courts for many
months has attracted general attention as this THIS
prisoner might almost be said 10 have been without
friends His counsel General Foster. has worked Tor
him without hope OF remuneration. The wife OF the
prisoner has appeared TO be almost Indifferent 20 bis
fate and friends have appeared with or been beside
him In court.
Judge Benedlcts room well allied yesterday morn
ing, when General Foster began 20 sum up for
the defence. The fact that TObIn killed Albers
has rot been denied The defence relied for acqutta
upon he sympathy Of the jury with man who was
soldier, and had killed the man who was alleged 20 be
the paramour Of his wife, Exssperated by his wrongs
the defence claimed Tobin committed the crime in
frenzy, when he not responsible for his
action.
Assistant DistrictAttorney Fero summed mp for the
Government He said that he wished TO be entirely dis
passionate and urge the jurors TO such conclusions
only "a Justice demanded When he first became con-
neced with the case he had sympathized with IODin
believing that the crime almost excusable But as
the examination had gone on. and 1t became evident
that the prisoner was not insane, but had done the
deed deliberately and without excuse, the sympathy
had given TO desire to see the law Vindicated.
The talk about holy marital relations and the sanoty OF
the fresde out Of place in this case. There was
nothing OF the saeredness Of home relations existing be-
tween the prisoner and his socaed WIFE AiDers dld
not go to TINS without inducements, and ne was
not alone guilty OF the relations which were urged as
Tobins Justification. TObn mad threatened the lives or
for the same offence The various acts when
Mr. Feya preredi'"'Oh "'i0 ''"''' OpO
the s saF were Ren nS Snf t S
ton whether the West Point grounds were properly uG
NJ Htapg-fnat
ready been decided by the Court But they were 10 say
whether robm had murdered Abers upon these gfouhds
Murder Is committed tine Judge said where
a person. not OF insane mind KILLS hu-
man being with malice RTepenSe or fSe ti5
this case evidence OF legal Justification or excuse
defence There is evidence that the prisoner believed
Abers had criminal intercourse Win hs VII.
Neither tho fact II it existed. nor the belief would justify
the killing. The law does not permit man TO slay
another under such circumstances There Is egal RUE
that III man is found IN the criminal intercourse
with the wife OF another the killing by the husband Is
justified. But the subsequent premedlIaJed khnB OF
mai man is murder II you lind that the accused man
when bc killed Abers his right mind then be is
guilty OF murder. Every person Is deemed 70 DC sane
was insane when be committed IL al, must acquit
him. Whatever mas have been the ease win sDue
iuries murder trials, am confident that you VIII do
Tie jury went out and the prisoner sat motioness for
half an Lour, waiting for the verdict ne seemed now
eyer clad OF an opportunity 10 talk H0 SAID t1at nc
had 80 BUottrclaUOns In the world He nae no com
ms counsel had wurxed hard for him, aud he was crate
fu for this. when II announced that the jury had
agreed and courtroom became quiet, the prisoner
resumed that rigid, stOld air which he has had through
gut nc trial Ills race expressed no feeling. Gentle
men Of tie Jury" said tle CLERK OF the Court amid
GREATNESS silence; have you agreed upon your YER
diet ."
foreman, rising.
What do You andi Is the prisoner at the bar guilty
or not guilty T.
Gully"
Throughout all the prelminares, and even when the
verdict was announced the closest observer eond not
have detected the slightest change IN IODns FEATURES
lie was as unmOyed q statue. Deputy Marshal
Holmes when be led the prisoner from the room 10 take
hiLI To Ludlow street. jail. said Cheer up. Michael
Yes" answered TObm," while there's life there's
hope"
eforc they left the room General Foster secured nom
all The aurora except two their signatures TO paper 10
which they united ia recommending the prisoner 10
executive cemeucy. Next Monday Tobn Is to De
sentenced TO be hanged One OF the iurymen SAID that
on their first vote they stood IL for conviction and IOr
acuulttal.