New-York tribune., 1879-12-31
THE COURTS.
ecIsIoy AGAINST CHASTINE cox.

DECISION AGAlNSI t1ASl lNb toA'
ADVERSE OPINIONS IN THE SUPREME coJRi UPON
his APPLICATION FOR NEW TRIAL.
The question whether Chastine Cox, the
negro who murdered Mrs. Jane De Forest HUI
should be allowed "a new trial. was decided
In the negaye by the decision of the General Term
handed down yesterday. The prisoner committed the
murder while engaged IN the CRIME OF burglary vi
DR.. Alonzo g. Hull's house. n was argued on the
appeal that the statute IN regard 10 homiciae uhie'
such circumstances could not be carried so TAR
as to capualy punish a burglar who. by pure
accident. was OF the killing. Other pout'
raised were in regard the admission OF the prisoners
confession aud the selection Of jurors Justices Brady
aud ingalls, concnr the opinion written by Presiding
Justice Davis. The Court says
careful examination Of all The proceedings on the
trial OF plaintiff n leads us 20 ne strongest posi-
BILE conviction that substantial justice has Deen done
nd that II Is our duty 20 DISREGARD the teehnicalits,
aud irregularities ring alleged TO have occurred,
In the progress Of the trial. because we all considered
The evidence clearly established both by the prisoners
oOniessinn aud by facts quite sufficient independent OF
the confession to have convicted him o. Ire charge,
that he entered the mouse of Alonzo G. Hull for me
purpose Of committing The crWe OF larceny ana that
while engaged IN thar crime In the room WHERE Ars.
Huh secping, the noise made by him awakened her
and thereup0n he committed acts OF violence for the
purpose OF preventing her 0utcrcs or resistance when
caused her death. The present statute In this state de-
earts that the killing OF human being. unless
homicide therein provided, sna Oe murder In the
hrst degree when perPeLraied BY person engaged IN
the question of intent 10 kun is wholly immtteria.
No person. therefore, who kills another while
he ~ engaged IN committing felony can escape con
SctOn Oi murder In tne first degIee, ny showing bis
intent 20 klt hut 10 defend his own fc or per
son. or TO escape aIIesi or AVOID pursut, or simply
to main wound or frghen. or do any violence fhoft
Of deafh. The aw makes the killing. while engaged IN
committing felony murder ~ the nrst degree inde-
pendcuily oi all qu sfons OF motive. .
The Court next considers IN expressions used by the
officer charge OF Cox AT Bston when the latter asked
ned: - Wi if can piiv ,an y"i are IN fad nix"
1t is held t-t htso words were such an indGcement
to the making OF the confession rat II coulc be con-
siOcrpd voluntary. and IN r"inre nadmissible Ia
evidence The ground 90 appeal principally relied uDon
psOncr's counsel Inc cnallcnge 10 the array
decision 81 te Judge the tra granting "a" dem irrer
of the Attorney 10 the challenge, on the ground
that It uuver.hed. was errOl eous But
been sworn the Court gave PERMISSION 10 the
counsel for the prisoner 10 recW nis special plea or
challenge array, leaving uuyerhcc IL il held
al neral Term that the refusal OF counsel 10 consent
TOOK away Ia prisoners Iieht 10 insist that he IN
jured III fac b, tie mode OF procedure. ~
We gard h well setlcd by authority IN this
state" the court says. thai irregularities IA reference
to the work ng of the machinery provided by sainie
vicor. unless appears that the defendant was ~ fact
Injured or prejudice thereby"
The Court say. conciu-lun tiat the convection
and judgment must be- affirmed ana the date ixrd Tor
the execution OF the having passed ths COut
should proceed under e statute aud cause day 70 be-
fixed Tor its execution"
When The decision was communicated to Cox, in the
Tombs. he received The news quietly lie ead mat he
had NOT cxpt ced favorable decision from the General
Term lie hld always looked fpr the worst, and 10 the
decision had been otherwise q Wonld have been an
agrccahle surprisr to hm. When informed that
Coun OF Appeals, al Albany, and that
,i,ero was every reason GO huTe better result
there he remarked tnat would as he mad been
doing-lookug for the end. Nh Howe. the piiso 'ers
counsel being Informed of the decision SAID that ne
had writ Of error prepared and would appeal 10 the
Court OF Apueals without delay. lie thought that MS
chances o. success were even.