Morning journal and courier., 1882-01-06
The Court Record.
Superior Court = Criminal Sfds--J ud;

Superior Court Criminal Stde--J udge Sanford.
 This court in yesterday morlirg at 10 o'clock.
 Judge Hitchcock called away to attend flu neral and Judge Sanford occupied the bench in stead.
 Joseph H. Remer one of the grand jurors who lives in Derby, late in responding, owing to aoci- dent to his wagon.
 The following grand jury were announced and an- swered to their names: Samuel w. Post, William B. Townsend, Southbury; Isaac T. Rogers, Milford c. Rogers, William Page Branford Thomas byzbee, M James H. Huggins, Meriden: John Davis, Nathan Holbrook, Seymour; J Seymour Benton, Henry R. Spencer, sGuilford Henry N. Pardee North Bran ford Charles Booth, Joseph E. Remer, Derby Will liam F. Morgan, Woodbridge Alfred Ives, North Haven
 Judge Sanford charged the grand jury in substance follows Homicide, he said, not necessarily murder crime. being sometimes j1lstiiable when committed in defence of property or person. Felonious homicide was either murder manslaugh- ter. Malice thu essential feature of it. The malice need not be aspeoial anmosity toward the ceased; wicked or evil intention of the mind con any cruel deliberate act of one person toward anot
 In of homicide express malice consisted of deliberate intention to kill certain individual and might be shown in variety of ways Common law recognized difference between the most atro- oious murders and those in which there less az
 gravated circumstances. The statute law, however, made dis inction beta cen different degrees of der
 | and second degree murder. Murder by poisoning or by lying in wait of itself proof Of murder the first degree. All other kinds of deliberate, wilful murder were of the same degree. Homicide commit ted from strong provocation or under unnatural ex- eitenent would be manslaughter, provided there no reconciliation in the case. These instructions Judge Sanford thought would suffice for the guidance in their consideration of the murder causes He next charged them in regard to the crime of rape this being the oense in tho case the jury He instructed them that the evidence which would warrant the finding of true bin neeo not be sufficient to convict before petit jury They were to find simply whethrr there existed probable
 to pit the prisoner trial prisoner, how ever should not be put to trial slight testimony
 conviction guilt. Provided they could not find true bill for the offense charged, but of the opinion thst the prisoner had committed crime, they to report accordingly, finding perhaps in cases of murder true bill for lesser degree than the one set forth originally It was also their prov ince to inquire into all breaches of law coming to l their knowledge and to make proper presentation against the offenders their duties not being confined to the class of crimes in which action was made No bill could be found unless ta e1ve of the members agreed upon it. They must observe the strictest secrecy about their proceedings not dis close the way the members had cast their votes what was testified to- They must choose one of their number foreman call witnesses before them separ- ately, and exclude counsel for both sides and also spectators. The prisoner had rig.t to be present ssIn the case of Francis Carro"-began Judge Rob- insen as Judge Sanford finished spea1ing .. not proper for you to talk until the grand jury re-
  Doolittle again interrupted and sustained by Jrdge Sanford who directed MT. Robinson to remain silent until the jury had been sent from the room. The jury retired to the library and began their inquiry into the of Francis Carroll charged with the murder of Michael Early in Waling ford
 Judge Robinson then presented the motion which he had been shut off from making earlier. It that the court order the State attorney to amend the indictment sent before the grand jury that it would include counts for second degree murder and manslaughter At present it charged only murder in the first degree. The jury had the privilege of re- porting bill for lesser degree but the natural effect would be to lead their minds to the part1cu lar crime charged.
 MT. Doolttle replied that it part of the business of the prisoners counsel to instruct the State attorney about the in which he should discharge his duties q officer under oath to perform my duty, and respectfully maintain that the court has right to instruct unless it is about something occurring in the court under the courts personal observation. shall bring before this jury just such bills public justice requires. shall exercise my own judgment. Judge Culver charged the grand jury at the last that they had very little to do with the degrees of murder that was something for the petit jury to pass upon No before this had the hardihood to make such motion as MT. Robinson's."
 Replying Mr. Robinson said that the relation of the State attorney to the grand jury simply that of scribe. They, and not he, presented the charge against the prisoner Both were servants of the the to the degree of homicide but there was placed before them in this only the question Of first de- gree murder. Naturally the minds of the jury would be led up to this crime
 Judge Sanford oyerruled the motion. He said the attorney might lay such bills before the jury as he thought the interests of justice required and the been particularly charged that they need not contne themselves to the crime charged in reporting true bill
 Mr Robinson took an exception to the ruling
 The jury were engaged all day in the Carroll mur- der case in the hearing witnesses. They will come in again this morning.