The daily gazette., 1879-11-24

that he was boy Of ordinary under
standing, and that under the proper care
he would have made an extraordinary
bright man. The only testimony fer
ed In regard to the prisoners ag. /, that
OF Mary Brown, the adopted mother of
the prisoner, who says that she secured
the possession Of the boy in November.
1867, and that at that time he was three
months old. II there were no other
proof than this the jury would be bound
to take it that the lad was only IL years
aud 3 months old. But it is sLown by
the testimony Of Mr.. Gallagher that the
lad was OF ordinary understanding, and,
II he livec, would make an ex'raordIna-
Iy bright man. In addition to this AIR.
Gallagher states that VIII le in his employ
he appeared like boy OF fifteen years.
Thus, this boy, whose incapability Is
relied upon In the defense, is spoken of
as lad Of ordinary intelligence, and
though only twelve years old apparently
like boy OF tiftee',. The Court in
structed the jury 10 look upon the boy In
connec ion with this testimony, and to
form their opinions as to whether The
testimony Of Mary Brown is to be relied
upon; they were to take the testimony of
Mr.. Gallagher, and the size and appear
ance Of the prisoner, and set IL against
Mrs. Browns testimony, and thus find
whether 1t were explicitly reliable. Be
this as it may, the testimony of Mr.Gal-
lagber has been given that the lad was
intelligent and might make bright man,
and the jury have it in deciding whether
lhe crime was one in which the prisoner
knew right and wrong; whether he knew
tina. the blow or blows Inflicted were
sufficient to cause death.
The second point taken by the counsel
for the defense is the assumption that the
lad was of capable mind and knew right
and wrong, but that he was acting in
self-defense; and was justified in doing
what lie did. The Chief Justice said
then that the plea of self defense was
perfectly good one whenever it can be
established, and then he proceeded to
lay down the law in relation to self
defense. To excuse prisoner for TAX
ing life In self-defense IL must app ar
that the slayer was in danger of having
his own life taken, or in danger of re-
ceiving some great bodily harm, and that
his only escape was taking the life of
his assailant. The plea of self-defense
is good only when person is assaultt d
and his life Is in danger, or he Is in dau-
ger of great bodily harm; a prisoner
would have no other right in taking life
and the law furnishes an excuse only in
such cases. In considering this phase of
the defense, the Court said, the jury
must be satisfied from the proof tha the
taking of the life of Bitson was essential
for the prisoner to escape death or great
bodily harm, or he was guilty Of til .
crime of manslaughter.
| The court now considered the ags Of
the prisoner in regard to his susc lLLab l..
ity Of danger. Ifthe jury We're satisfied
by the language of the prisoner that he
had sufficient knowledge to comprehend
he was Responsible. There is the same
re asoning sense of great bodily harm
that there is of right aud wrong; If he
comprehended danger he could distin-
guish between right and wrong, aud,
therefore, Is to be treated like any man,
however old; for when caDabllity is once
established the law does not recogniz
any degree. Nor does it make any dif-
fe renee whether man Is fearless or
cowardly, having the mind to comprc-
hend the degree of his danger. Neither
does the law make distinctions between
Z les of In elect, but holds that party
guilty who done the crime.
| The facts OF the case were now con-
sidered by the Chief Justice. Two Wit
nesses had testified that they saw the
blow on the arm, and after that, two
blows inflicted on the head while the de-
ceased lay upon the ground. A witness
for the defense testities that he saw the
blow, and heard 1t, though he was one
hundred and eighty feet away. There is
no room for any doubt that the prisoner
inflicted the blow upon the head. The
defense has made it appear the deceased
was stronger boy aud has male this "A
point in his plea In considering this
| point 1t Is to be cons! de red gt ouly Que
| witness testified that t1ere was any DIFF
ference in physical strength. H. is also to
be rememb bered, that Notwithstanding
| this, the prisoner wrested the bat from
the other during a struggle for it, and
held IL TILL the fatal blow was given. Said
the court at this point: "Indepehdent of
that, we say, that while thore may have
been di ference in size, the trespass
of the stronger on the weaker, does not
Justify the infection deatb,-there must
be great bodily harm; not simply an as
sault with the fist will justify killing" If
| it we're otherwise, mon would take OUT
the pistol or dirk, as the case may be,On
the slightest p sxt and kill their fe .
lows.
The conclusion of The charge, while
| admitting that the case was an unfol tu-
nate one, held that ii should be dealt
with as vigorously AZ any o'her. The
Jury would have no excuse for render ng
q verdict in favor of the defendant, be-
cause he was an orphan aud waif. The
law was 70 respector OF persons; IL dealt
| with facts aud facts alone. There could
be no doubt but that the deed was CON-
, mitted, and III considering it the jury
had tho law and had the facts, and Yls .
the right to Geal with it as they saw fit.
The delivering of the charge consumed
twenty eight minutes, and The jury to lk
the case, and retired at 1856 o'clock.
They returned at 4.20, having been out
twenty-five minutes, with a verdict OF
guilty of manslaughter,' and recon-
me endation of mercy to the Court. The
Court informed the jury that it would
respect their recommendation, and then
discharged them until Dec. l. Sentences
, was deferred on the prisoner, and lie
was led back to his cell in tears.
r Harry b. Brannon, charged with rape;
, "Jlmmy" Darragh ,con, icted of larceny
: : and Augustus ODonnel, convicted OF
illegal voting were then brought into the
court room.
Mr.. Gray addressed the Court in rels-
ton to the case OF Brannon. He said
the case had given him much concern,
, and afte- consultation with all The viii
, nesses, and a careful consideration of al
the facts surrounding the case, had
found that the positive proof necessa y
in the case was really uncertain on ao-
count of the extreme youth OF the prose.
cutting witness, little girl just turnI {
= seven wears. The difficulty of proviu X