New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-11-18
The MUNZBERG MURDER TRIAL..

| THE PRISONER sen FENCED FOR LIFE.
| A PLEA OF MURDER IN THE SECOND DEGREE AC-
| CEPTED-EvIDENCE TENDING TO SHOW THAT
THE MURDgRERs MIND Is NOT soUND-THE
SENTENCE PRONOUNCED.
The trial of Frederick j. Munzberg for
murder In the first degree IN the killing OF Xavier Lind
bauer August 2, 1880 concluded yesterday After
considerable testimony had been given for the defence
tending show that the prisoner moi OF sound mind
the plea Of murder IN the second degree Was accepted
and MunZbcrg sent TO State Prison for lie There
the crowd the previous days of the trial
The testimony for the prosecution was closed with
the evidence OF Deputy Coroner r. j. D0nn. who con
Quoted the postmortem examination over Lndhauer's
dead body, aud VI Officer Bell, who had charge OF the
body.
Mr. Knitting opened the prisoners before the
jury, and said that the defence rested principally upon
the ground that the prisoner OF unsound mind s'
not morally responsible for his crime. Mrs. Lena NUM-
berg was called q witness. She gave her babe into
the care of another woman. ana going on the stand
testified in German Without agitation. Her husband,
she said had al ways acted queery. On the night OF
their marriage he got up greatly frightened aid said he
III the big black dog with white eyes.
Frequently at night lie would get up and walk
cedy around the room and think he saw strange sights
there. He mad "a bad temper aud would often ilreat
her. He threatened more than to xii all their
children. One day he came in looking wildly and
claimed: Lena. must all die | can get work"
lie tried to choke her aud broke him and
asked him why lie did this he said he didn't know lie
wanted sell the children another fact did
take child for the purpose. but 1t brought
back by neighbor Sometimes he would go days
without food
Frederick Myer, of No. 70 Forsythst. testified that no
had known the prisoner for four years one day last
spring the prisoner came into the HquorsOre of the wit
He DEF GIFTED he said that he had taken aOb
Of work away from his brother He said he was 80 glad
hp hutf lis head hp wall no
prisoner, discovering his brohc In the yard away
saying he would fix him anyway, The witness mad often
watched M1nzberg gong along the street ana acting
strangely He would walk along with his head down,
muttering and throwing his hand wildly in the air
Henry Henschcl, of No. 1I8 Hoster-,t. said that La
kept store to supply painters materials H spoke Of
an occasion when Munzberg brought to him pawn icl
els, and wanted some money upon them. lie said the
tickets were Jewels OF his wife that lac didn't
have sold. The witness took the tickets, and efterward
gave them back u MGnzbcrg because OF bis poverty
year and half ago Munzoerg tue store cry
ing and troubled because he in desItufOh. lie
said that lie intended to take his children board
boat and throw them overheard and then drown HIM
self Whenever he came into the store ne conducted
himself strangely; frequently he would matter aud
grind his teeth aud look savage that the witness
would be frightened, and try get rid OF
him. One day the prisoner in the ST re when
h, brother came in. He furious. and sprang at
his brother crying out that he thrash him. The
ana his clerk held NUM- crg aud told Lis brother
to 90 away Wnea IA had gone tley let The prisoner go.
Mluzjcrg went out, and back with pitcher
and asked where his brother He sad he must Il ID
him and XII him. When the witness tired 10 calm him
he only called the louder AMI throwing the pitcher into
the street. dashed It into pieces. The connection aroused
the neighborhood The witness said that ne had con
sdered the prisoner crazy and always when lie came
In utering aud grinding his teeth with rage. would
ty to get hn TO 20 home because lac afraid o. him
Louisa Munzberg said that she lived at No. 10
Fore hist, and the wife OF tue prisoners brother
She told II some OF Muuzbcrg's strange actions. once
he came to borrow book from her. lie sad when he
read that book midnight the would I'LL witn |
people. who all around him. and the longer he read
tn more There were OF THESE strange visitors. Them
he said if he should sign the book with his blood lie
would become invisible could have what he wanted
and the people would go away. Often ne would begin |
TO for apparent He would grasp his head
win 10Th hands, and say thar it ringing and dizzy
and all black before his eyes.
GusGiy Mhnzbcrg the husband OF tie last witness,
ard the bro her of the prisoner, was next called He,
however, had only given frw words OF testimony when
the questions were stopped The lawy OF prisoner
began to consult together ana then with Assistant Dis
Bell. Finally the three approac ell lhe
bench and talked for some time III low with Jus
lice ID Wis The urymcu began to fdgct IN their seats
md to whisper together. and the whole audience
watched the proceedings closely evidently expecting
some srI6ing announcement. Then the lawyers went
back to seats and M McCeIland SAID tina; thcy
lai concluded to offer plea Of murder in the second
lcgree, believing The evidence showed that tie
prisoners intellect was OF so low an order that he
not deliberately carry out prcc0nceved purpose
)f murder. Mr.. Bell accepted the Plea, aud Justice
Davis said ne thought this TIE proper action.
The prisoner during this time sat imm0vable as
be hsd throughout the trial, apparently unconscious of
everything. II ne was acting inc part of uninIci
gent maniac the part was well ldycd, although n
c,mcd 10 be imbec1y rather than lunacy. His lawyer
Judge and then stupidity gazed The reporters beside
aim. Wueu the InterpTc asked him his aye sad
hiry-f0ur years and msstated his place of residence
siyug II As No. 81 FOtsYtnst., instead Of No ~.
aid he was masOn by trade aud had
not hing 10 say why Judgment should not he no
louuced upon HIN. Justice Davis tuen SAID
ielb ratry thtt under tue OF murder ~ the second
the only sentence he could pass the pisOucr
Wa Iuprihunnent III she state Prison tor me. The
rhine committed "A nein committed under
circumstances o. extreme cruelty Bur ~ appeared fnnt
he prisoner man OF peculiar order OF intellect
md IL proDabl. that a. tnc Jury had pt hr
gu q Of murder ~ tho ngst LegIcc Goyrfu,-
would have nfeTlrfcd Wlth communications srutruc.
because the public execution II "a man h.s
grade OF Intellect aud doubtful capacity 10 uu-
not be OF great value Ia thi community.
IN prisoner then was sentenced 10 lmpf1suumeut Iu
he State Prison at hard labor during ths fu term OF
Iis natural life.
A great crowd followed the prisoner when he vns
aiken from the courtroom His vile came slowly uitcr
With her twins. aud her sick babe IN nor arms
justice DAVIS, Mhtn hc came out, stopped TO sneak
kindly To Jusepllne EOdkin, the young woman VINO
,0uiageousy toOk the smoking pistol from the murder
er's hand while he was standing the dead body uf