The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-03-22
FOUND GUILTY.

A VERDICT OF MURDER IN THE SECOND DEGREE
RETURNED AGAINST JOHN SMITH FOR THE
KILLING OF HENRY MADDEN.
Renewed interest was taken yesterday in the trial
of John Smith. the Hollander, who was proprietor
Of the den known as "The Sailors Return" No. Is
Oliver street. and who was charged with the murder
of Henry Madden, English seaman on the night
Of january %. Tho Court of General Sessions
was again densely crowded. The prisoner. who is
about thirty years old. at first wept bitterly
but toward the close of the proceedings became
more composed and consulted repeatedly with his
counsel, Messrs. Howe and Hummel and Colonel
Spencer. during the day. There also in attend
ance several of the unfortunate female inmates OF
Smiths establishment, whose levity strangely
out of keeping with the grave surroundings AS the
proceedings drew to end the crowd of spectators
became very dense and the result was awaited
by them with no little curiosity and by the
prisoner with no little alarm. Mr.. William
F. Howe commenced his summing up for the defence
shortly after Judge Cowing took his seat on the
bench Counsel said it admitted that Smith fred
the fatal shot, but urged that the shooting done
in self-defence. He earnestly submitted that the
prisoner had done his utmost. in peaceable manner
to eject Madden and his bosterous shipmates Green
aud Keating) from his premises. In doing
this having already been maltreated by them,
he drew revolver moro for the pur-
pose Of frightening them than anything
else. Counsel secuted the idea that the prisoner
had gone into the yard and fred through window
into the barroom where Madden standing. The
evidence. he contended, showed that the shooting
had taken place in the barroom, where Madden
seized the muzze of the gum Aware of the fact that
the sailors had of his revolver and fear
the trgger-an act fully justifable in view
OF the situation. Mr.. Howes address &C.
Assistant District Attorney Herring replied
for the prosecution. and. although laboring under
the disadvantage Of painful sore throat. occupied
hour. With great elaboration and earnestness no
argued from oil the testimony in the case that the
shooting. SO far from being justihabe excusable
no other conclusion than that the pris,
crime Ali tho surrounding facts, he submitted
pointed clearly and Enthusiastically to the prisoners
room for his and the murder of
the deceased from the outside window. whittier he
had retreaed after being refused admittance to the
barroom by his wife, who tried to avert the crime.
JUDGES CHARGE.
Judge Cowins then charged the jury. lucidly OK
murder and mansiaushter' He referred to the inn.
portant points In the evidence elected both sides
during the trial 1t was. he said. the duty of every
man when attacked to endeavor to escape from his
asssilants and to use every means in his power
TO avoid coming In collision with hostile
parties. unless the jury came TO the conclusion
that the prisoner in imminent danger of his life
serious bodily harm. and unable to escape
from the attacking party. they could not find the
shooting justiabe. Should they find that the pris-
fred the fatal shot with premeditated design
kill they could of course bring in verdict of guilty
But IL they found upon all the evidence that ne was
fully justified believing his life in danger it would
be their duty to acQuft.
The jury retired shortly before four O'Clock, and
an hour later returned to court for Instructions
They again retired, and at eleven O'Clock found the
prisoner guilty Of murder in the second degree. On
motion of Mr.. Howe Judge Cowing remanded the
prisoner for sentence pending the hearing Of tho
motion for trial. The Court has discretion
airy power in the matter of sentence the penalty be-
ing imprisonment for life in the State Prison.