The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-18

the prosecution: he had conducted over three
thousand postmorteins, more than any other physi-
clan in New York; he had assisted DIR. MacWhin
in the autopsy of Mrs. Hull. and found all the
organs in u healthy condition. except the lungs.
which were congested showing that there had been
some obstruction to the blood circulating through
those organs; the aortc deposit spoken of was not
sufficient to prevent personGrowing and thriving
through life; Mrs. Huh did not die of apoplexy
heart disease. or kidney disease. but from some
other sudden cause OF death; he would not say
she did not die from fright; it might have been
from suffocation; sufocation does not produce any
symptoms that are recognizable at all after DEATH
congestion of the lungs one result or it, but that
may be produced from other causes.
Here both sides rested the case, and recess was
taken until half-past one.
AFTERNOON
recess of half an hour was taken. and, at the re-
assembling of the Court. Mr.. Howe addressed the
show that there not sufficient proof that Mrs.
Hull died at the hands of the prisoners that there
was no evidence to show that he intended to XII ner
by them would only justify at the most verdict of
murder in the second degree.
District Attorney Phelps then addressed the jury
in earnest speech of one hours length FOR the
people and commenced by calling their attention to
the details of the crime that had startled the COM
munity and said that the prosecution required from
the jury. upon the presentation OF the evidence.
verdict of murder in the hrst'degree. ana nothing
less. The prisoner went TO the house OF Mrs. Hull
for the purpose of committing felony and MUIR
der resulted as consequence OF that determination
All the circumstances showed that the prisoner
had premeditated the possibility OF the COM
mission of the murder. After reviewing the
evidence i'll this connection Mr.. Phelps
proceeded forth the motives that the
prisoner aud said that Mrs. Hull knew him and that
his object to silence her completely that her
lips should never tell whom she had seen. He said
in to that part OF the argument of Mr.. Howe
that the prosecution had not given sufficient proof
of the caus. of that II it proved that
Mrs. Hull would have recovered under more skilful
medical treatment. yet the prisoner would then be
responsible for her death.
THE CHARGE TO rHR JURY.
Judge Cowing in addressing the jury, said
The most solemn and grave responsibility. de-
The law says that this prisoner shall have the safe
guard Of trial thrown around him and that his
confession shall not be taken without the due con-
sideration OF jury. believe, from the care and
attention you have given this case you appreciate the
gravity Of it much do. What is the rule which
you have got to keep before you constantly? The
law Of this State that the killing of person by
engaged in the commission of felony is murder III
the first degree. First it is sufficient for to state
to you that the crime Of grand larceny is felony,
and If the prisoner was engaged in grand larceny
and while in that crime he took the life of Mrs.
prisoner guilty. Larceny means the carrying away
of the personal property Of another Its value must
be $50 to MAKE pS tine the
to the value OF SIS. and did he do it with wicked
intent9
Now with reference the next branch Of the ques-
ton. and that is to the kiuingIs Mrs. Hull dead?
You have heard the evidence upon that and you
determine that fact. Thirdly. did the prisoner
her death contribute to it? As stated by
the learned District Attorney upon the opening of
this case person is entitled to every minute of his
Hull's death by his act then he is guilty.
In reference to the confession, charge that
it should be received with caution. If given
under threat or promise it is invalid;
but IL it came voluntarily from a conscience
stricken repentant man it is the highest kind of
evidence In any case. Are these confessions which
you have heard purely voluntary? charge You to
carefully and cautiously weigh them. II he had
been arraigned here on the charge grand larceny
and the articles had been found in his possession
and he could not satisfactorily explain it, that would
be taken in evidence in consideration of his guilt
Tn fonf hnn1d afrh frIl1v all fha
evidence in the There is but little
hict, aud it would seem that much of it
there is no part of it which you may not
discard If it does not satisfy your minds and
sciences II you believe there is q reasonable doubt
upon any point the prisoner is entitled to the
benefit of that doubt. The evidence must be fresh
upon your memory, and you are capable Of giving it
the consideration deserves. If the evidence salts
hes you beyond reasonable doubt that the offence
has been committed it is your duty to convict the
prisoner OF the charge l leave the rest in your
Mr.. Howe read twenty-three requests to CHARGE
most OF which were denied by the Court and excep-
The jury were dismissed to their room in the Gus
tody OF Court messenger at eighteen minutes past
ave. Judge Cowing anu 'uage aiaereeve remained
their seats, the general belief being that the
jury would return in a few minutes This expecta-
ton was not realized, and there were several
departures from the court room. Cox. who
the most interested person present in the
deliberations OF the absent jury the observed OF
having anything on his mind that troubled him.
He said to the deputy sheriff who with him that
he did not feel particularly anxious about the
dict He felt certain that it would be murder in the
first degree and that he had not anticipated any
other verdict. When the hour rolled by and the
jury did not return he said he could not conceive
what keeping them except that he supposed they
were getting their supper He wanted "a chew OF
tobacco very much" he said. and the deputy
sheriff asked gentleman near to him for "a chew.
but when the gentleman found who it was that
wanted he refused to give it, This seemed to dis
|. concert Cox more than anything that had occurred
during the trial, and the occasional smiles he had
INDUCED in previously were discontinued. In the
waiting audience was q group of ladies. prominent
among whom were Mrs. Wilbour, the president of
sorosis. and Mrs. Lillian Devereux Blake.
THE VERDICT.
After the lapse Of sixty minutes-at twenty
five minutes past six-the jury returned into court
with verdict OF murder in the first degree At the
request of Mr.. Howe the Jury were polled. Cox.
who stood up while the verdict was given regarded
the jury with an expressionless face. In reply to
the usual inquiries as to why the sentence OF the
Court should not be pronounced. Cox said he had
nothing to say except through his counsel.
said after the verdict had been received and that
there nothing left except for His Honor to pass
sentence and for the prisoner to await the Of
the exceptions which HAD been taken, and to see
whether those would be sustained by other tri-
bunals.
THE SENTENCE.
Judge Cowing addressing the prisoner amid great
silence, said :-"Chastine Cox, would fain believe
that your heart goes not with the laugh depicted
upon your countenance during the progress of this
trial; that your conduct has in no way indicated
your right feeling. The jury has been OF your own
selection, and they have carefully considered your
case. the result of which is that they ind you guilty
of horrible offence which will infict upon you o
most ignomnous death. believe that you have
had a fair and impartial trial. Let me urge upon
you not to rest your hopes OF escape from
the penalty of death by trust in any of
the devices OF the law. but let your time
be spent in preparing for that momentous change
which must inevitably come the result of this
trial. You have broken more than one law-you
have committed burglary, you have committed grand
larceny and you nave committed murder. anu you
now to pay the penalty of these crimes. The
sentence OF the Court is that be taken from this
place to the prison from whence you came, and
there on the 18th OF August, between the hours of
nine A. M. and four +. NJ, be taken to the prison
yard and there be hanged by the neck until you
dead, and may God have mercy upon your soul"
xtyseven minutes was thought To be long time
for the jury 20 be out In explanation of this OF
the jury said to reporter of the HERALD that two
OF the Jurymen at the first disposed to bring in
verdict of murder in the second degree but after