The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-22
THE COURTS.
Felix Lavelle Found Guilty Of Murder
in the Second Degree.
STATE PRISON FOR LIFE.
A Spirited Mode of Detecting Elk
else Law Violations.

Murder trials always attract crowd Of spectators.
and yesterday the continuance of tho trial Of Felix
Lavelle was no exception Lavele was charged with
having deliberately killed Sarah Hayden young
married woman. by shooting her. He sat by
the side of Mr.. William +. Howe his counsel.
with whom no was frequently in earnest CONVERSE
ton. Judge Barrett punctual and the jury were
promptly in their seats Assistant District Attorney
Russell in opening the case stated that more hend-
ish and deliberate murder had never been perpc-
rrated. The deceased. no added. young girl Of
fifteen. who had discarded Lavclle for her husband.
Richard Hayden. On Christmas Day he met her and
made an improper proposal to her. which she
spurned and then he shot her in the breast In the
most cowardly manner and away.
James Feeny. the first witness. testified that he
twelve years OF age. and that on last Christmas
he the prisoner and deceased together and heard
pistol shot. On cross-examination no admitted
that he paying little attention to what going
and said he saw the dead girl placed against the
door that she could not fall by the prisoner
James Falon. Of No. COS Second avenue. the next
witness, deposed that he employed at the Centre
Street Depot that Christmas Day he the
prisoner hand something which looked like key to
tho deceased. Then lie heard q pistol shot
and the prisoner run away. Ho picked
tho girl up; she could not speak Thomas
U
Sherins officer, that he Lavelle pulling the
deceased up and put tho shawl on her; he saw her
bleeding from the left breast. Officer Gilroy next
testified that he saw Lavele talking with Sheriff
Burns; he heard some say "Lavee killed her.
he caught Lavele in Bayard street. in front the
school: he was running at the time and said he was
going for doctor and for policeman the cartridge
produced in court found deceased at the hos
pital the deceased said Lavelle shot her. On his
cross-examination by Mr.. Howe he stated that he
in citizens clothes; Lavelle was confronted
with deceased at the hospital; the Doctor
Mary Ann Sullivan the sister Of deceased. and Cathe
rine Sullivan, the mother, both gave evidence that
they saw Sarah at the hospitals she did not die until
New Years Day; she said 'Oh Lavelle. you shot
me-" and that Lavelle said when he did so. Take
that know I'm going to die" Richard Hayden
the young husband Of the deceased deposed that his
wife said, II can't forget what L,velle said to me
when he shot me; my head is bursting; may God
going away to-day" MIR. Howe's cross-examina.ion
of this witness showed that the deceased delir
at this time. Michael Sullivan. the father of the
GIRL said his daughter said to him. II can't get out Of
my head what Lavele said to me when no shot me-"
DR.. Hockmer testified that the deceased dolirious
during the night of her death.
"A feeling and impressive opening was made by Mr..
Howe behalf of Iavee. after which he placed the
prisoner on the stand. who testified that he met
Sarah, whom he had known for some time, and
that he never intended to shoot her. On
cross-examination by Mr.. Russell he admitted
he had been often arrested for burglary robbery
and shooting; that he mud served term in State
Prison. the Catholic Protcctory. the House Of Refuge
and the penitentiary ON Blackwel's island that he
time before this occurrence. but that notwith-
standing such conviction he bought another pis-
toll, which was loaded in every chamber; he
admitted he shot the deceased, but said
the pistol went off accidentally; he denied
he shot her because she refused to comply
with his improper solicitations. After further but
unimportant testimony Judge Barrett delivered
fair and impartial charge to the jury. He said in
considering the case as to the question of motive
they should consider the prisoners antecedents and
IL they found from the evidence that because the de-
ceased refused to satisfy his ustn requests he shot
her with intent to kill her. but without deliberaton
they could convict of murder in the second degree.
IT, on the other hand they believed the shooting was
accidental, they should acquit. If they found the
shooting was through the culpable negligence of the
prisoner without intent to kill, they could convict
of granddaughter III the fourth degree. but in consd-
ering the they must bear in mind the dying
declarations Of the deceased.
The jury after brief absence returned into
court, and amid breathlcss silence rendered YER
dict Of murder in the second degree. Judge Barrett
then passed sentence on Lavee. and said I'm con-
sidering this the jury wholly dscredited your
testimony, and In tho verdict tho Court concurs.
From your antccedents mo one could believe you in
q matter in which you were interested. and the jury
have found that shot this poor girl because you
wore thwarted in your brutal effort to accomplish
her ruin The sentence of the Court Is that you DO
imprisoned in the State Prison for the term Of your
natural ifc."
On the pronouncng of the sentence the prisoners
sister jumped to her feet and shrieked, ooh! Lord
Jesus. il my poor brother to be taken from for.
evcrY Quite an excitement followed. which soon,
however, subsidized, and she removed. Lavelle
remained stoical to the last and, after few whis
pered words to his counsel. taken the court
room to the Tombs. followed by hundreds OF people