New-York tribune., 1880-02-19

to them. They answered all IN tue affirm tive The
following copy Of the writing handed 10 the jury ana
Did the prisoner neglect procure medical ard for the
helpless infant when 1t was IN faot reasonable 30 10 40
and he had the ability
Was the death caused by that neglect >,
Unless both Of these are proved nt Is hot gly; my ~
bOh proved. find nim guilty but then say rther'
Did the prisoner bona fde. though erroneousy pe,
liPyc thai Heal advice uot required lOi ne ch'
Or bona dc believe that II wrong 10 coll III med
| ical aud 7 -.,.
THESE questions all answered IN me ahiTmal We
ana thereupOn the Judge directed the verdict 0 guly
to be entered. The case was appealed ana Ih' eon'0
ton was sustained.
| INTENTION IMPLIED by THE ACT.
charge you further, that It Is cardinal doctrine Of
the criminal law founded on natural justice, that It Is
with which act is done or omitted to be
done constitutes its crmiuality the intent and
the act must TO constitute CRIME Yet every
sane person must be presumed 10 intend that which is
the ordinary and natural consequence Of bis own act
F0rth-If. therefore the jury hud upon all nc cyl
deuce ths that the detrndant do Known nSlS,
that is, intentionally DO WHAT ne satute proiOiteu nun
from doing or that ne KnOwngly that Is, Gteutonaly,
omitted 10 that whch the law required ne shOulu uo
the act itself being unlawful me la~ uple5 eioi m
intention his part 10 90 thi WhIch me N" suys no
shall not do to omit to do that Whch tue Ia" says
FiGI-Tne intent must be proved to tho satisfaction
OF thc jury well otIer material aHegatOuS Ia 'he
The burden rests on the prisoner satisfying that
what he did was done honestly and "llouJ an! ihIeu'
TO commit a crime.
Ths proof may he either by direct or indirect ev
deuce tending establish tho fac or by inference OF
4
qDently matter OF terence ana evidence OF eXterna
or invisible and conduct which secuis 10 iUdcae
moro or less forciby the particular Intention These
matters exclusively fl the jury, and 70 10 tor them
to ascertain all tue evidence IN the ease what was
benefit Of reasonable doubt arising upon the evil
dence. II incumbent npnn The prosecution TO Dflng
boue guilt 70 tue Hccus al 10 tie satisfaction OF tbe
minds the Jury. The doubt TO the brneht OF ~hich
the accused entitled should be such RAJ onal tnmk
ing sensible men mas fairly and reasonably entertain,
not the doubt of vaociatng mind that has not the
moral courage to decide but snatters se IN Tan auu
III. eff,4 In f..FV
which may honestly and cousCientiOusiy entertain
AN IMPORTANT CASE.
think have said all that is necessary The case Is
an important both to the prisoner and 10 the state
In my Judgment the developments which have been
made during tue trial viii do "a great deal OF good.
whatever The verdict may They Will induce people
TO look into the of such nstutonB to see
II their money l. honestly or dishonesty applltd we
much engaged witn business mat whle We give,
few Of rs are willing devote time to ASCERTAIN
what disposition made OF orr charty 10 - important
difference The fact VIII do him ne harm. II he IL
guilty or innocent. IL is your cuty to say So
There Other matters winch have been brought INTO
the with which You have nothing To DO You nave
nothing do wi he action of the Society for tho Pre-
yrntun Of Cruelty 10 Children. The case has Deen
plared before you by the public prosecutor OF ths
county, and rhe connection OF the society WIN u mus
NOT inluerce your minds YOu have nothing 70 do with
lne iag' ma, to.o WoGr ter are one or ty has
nothing 20 do with the charge concerning Louis Victor
c the prisoners arrest ana OF ms Delhs snack
cicd are f,rrlsn 10 the charge aud you must
slider thcri Ouiside matters must not influence YOU
ninds aud II you allow them you violate The oath
you have taken. The case : with you
THE VERDICT OF GUILTY.
Nj Brooke made several objections to the charge but
they were oycrrued the Jurors then retired aud were
absent eigh,een minutes. on coming into Court the
foreman renamed standing while the names Of the
jurors being called.
Mr. Han. Ihe clerk--Geutlemen OF tho jury have
you agreed upJI q verdict
1bc fOrcmau--Nc have.
NJ He'-lIow sa} you Do YOU End Edward Cowley'
h prisoner az the 1ar guilty or mol su'iy of 'he OF
fence CHARGED IN tue indictment
The foreman Guilty
IN. announcement wa received with outhurst OF
. applause which WAS qnlcNy suppressed .
The ,,card,r when silence had been restored. said
III thc officers hn0 any persons agal making noise
they viii them. This is court Of justice and not
thoauc Or circus ana want people % understand
ME- cowLEY ~ TEARS.
Mr. Cowlcy. contrary 70 usual custom. had remained
seated when the verdict boing taken. As the Jurors
came INTO court Ls scanned each one "f their faces
eagerly as they passed him their way to the seats
lie Appeared lost in his situation, and be spoke to no
one. When the word guilty" fell rOu the ioreman's
nl rested his elbows on his knees and dropped his
head ino hs hands. He ced bitterly, ana the tears
ro mis- checks His desire sceued 10 be- 10 hide
hiu-ulf -IEltH ne croucned he-in" his counsel
fnc proceedings whicl followed Mrs. Crwl"y WAS moi
IN the when the verdict WAS gyen but she
| arrived iuIiutduiciy afferWaTd
After the verdict had been recorded, Mr.. Brooke
for stay O; proceedings. IN order that b" might
VIA Judge Fullerton. who WAS nor present
MI Phelps wts opposed 10 Any unnecessary DELAY:
Mr. Bro6so coutendrd thai no injustice OF injury
could to hr rruplc Boy giving HIM reasonable me
Deliberate proper course u pursue by pass
ing sentence his right might b. preiJdiced.
The Recorder SAID That he thought that his right
would be Ia any way prjudced, he would grant the
driU
Nj Brooke said that this was the first conviction I'M
der the sud II the Appellate Court should cay that
the conviction should be- reversed. the prisoner MOud
suffer by having been sentenced. he asErd II 1t was
necessary that what was called the camor OF pubic
justice should bc heard IN the court.
The Recorder asked If the prisoner was remanded
uUu FRIDAY II ne would be satisfied
Nj nj ltR all
was REMAINDER nitli Friday Tor sentence -,
Mr. BrooEsmw the same GI stand, your cdio,ed nomoT
cannot accept bail after conviction.
RECoNsIGEED To THr ToMBs
An officer then touched Mr.. Cowoy on the shoulder
and aroused him from HIS apparent stupor He arose
aud walked between officers 10 the prisoners box
In the courtroom After he had been there
for "A fe minutes Mrs. Cowey joined hun. They held
CONVEX saiion huff together aud Then Captain
Lindsay ntInated thnt lie roaGy 10 escort him TO
the Tonbs. Mr.. Cowley embraced his wife. took up hts
has and walked Drsky along by the side "f tue Capln
On the way to the T0nbs MI COwlcy was asked what
he thought OF the sentence lie replied "harply What
you mink If ii 7" and the conversation Was not pnr-
Tie d strict Attorney asked rs TO the probable
course Ia pursued tue other twenty four indlct
mrnts agans Mr. COwley. and replIcd that he had not
made up mind. He further sad TINT he would not
decide an nytnlng until after next Friday.
The punishment which II Is possible o inhct on Mr.
Cowlcy each indictment Is one yeaf's impris"nnen
aud % ine OF $3.50 The sentence can be mhG0 as iSht
az in the discrc. IN OF the Court NAV seem H..
After his conviction Mr.. COwlcy was removed to the
Toms by Capfan Lindsay OF the Court squad. lie
placed In Cell n, 81 fourth tler, which /, devoted 10
persons convicted of misdemeanorS HIS convection
WAS great surprise 10 him. and spent the afternoon
m a detected state OF mind Mr.. Conveys wife visited
him shortly after his return TO prison ana relahinc1
with HIM twenty minutes. She appeared deeply Affected
by her husbands position.
The prisoner declined other visitors and would
say nothing reporters referring nll TO his counsel
----------
AID FOR COLORED REFCGEkS.