Morning journal and courier., 1884-02-01
A CHANGE IN TARIFF RATES.
A Bill Reducing Twenty
 Per Cent.
NEW YORK.

ROwell Aequitted-The Jury Out But a short Time-The Whole City Rejoicing Over the Verdict-PaIm CT Hung i'm Ef-
 fGy.
 BATAVIA, Jan. 31.-At the conclusion of MT. North's summary in the Powell trial Judge Haight began his charge to the jury. The judge was one hour and five minutes in the delivery and was strictly impartial Dur ing the delivery Rowell's eyes never left the face of the judge and his face as usual gave no sign of his feelings. After explaining to the jury what constituted excusable and inex- cusable killing the judge called especial atten- tion to one feature of the law. He said: ''Where the slayer has been attacked and is in fear of bodily injury or death at the hands of the assailer, or if such man has like fear for his wife's safety, or his daughter or sis ter, he may kill him. Or if a man finds an- other attempting to forcibly wrench from her her virtue he may kill and be justified; but where two are engaged in adulterous practice with the consent of <the wife, then the man cannot kill and be justifed.'' The judge then touched upon the reconciliation of 8 murderous act. He also described and defined the crime of manslaughter in the. first degreel and then carefully reviewed the testimony and the various branches of the defense, closing by saying: ''It is for you to say whether the defendant was in 8 state of mind that would recognize the difference be- tween right and wrong. You must consider carefully the whole testimony. If he knew that he was doing wrong, or if he was not acting in defense of his life, you must find him guilty. If he did not know that he was doing wroEg, or if he was acting in defense of his life, then you will acquit him." The judge was asked by Judge Sutton to charge. 'If Lynch came at Rowell and Rowell having great fear of bodily injury feared and retreated and in the darkness kept firing under the belief that Lynch was still following, then, if Rowell killed him by shooting him in the back or shoulder blade, it would still be self defense" which was accepted, as were also a number of other things that MT. Sutton ampliied, although already covered by the charge given.
 The jury retired and the court took a re- cess until D. m. At 1880 p. m. the jury entered the court room, the seats and aisles being at the time filled. The clerk asked, Gentlemen of the jury, have you agreed upon 8 verdict?" The foreman answered, ''We have;" and in reply to whether it was guilty or not guilty replied, Mot guilty" burst of applause rang out lasting nearly a minute. The judge asked whether the prisoner had been acquitted on the score of insanity. Mir. Town, the foreman, answered: "We find that E. N. RowelI acted in self-defense." "Then," said Judge HaiRht,' T see no reason to hold the prisoner longer and he is dis charged" .
 From the foreman of the jury it was learned that on the first ballot as to " neither Powell was guilty or not guilty, the jury was unanimous for acquittal, and as to the ground the ballot WAS again unanimous for self defense. Partner Palmer was among the first to congratulate Rowell. Ro~elis greeting in return, however, did not appear to be over cordial Powell at once repaired to the Washburne House. Mrs Powell is still here. Horns are blowing and an i'm mense fire is lighted at the head of Jackson street. When the result was announced to Mrs. Powell she expressed herself much pleased and appeared much elated. A crowd is now burning Palmer, RowelPs partner, in efigy' on Main street. Late last night he was hung in effgy in full view of his place of business and of the room occupied by Judge Haight at the St. James Hotel. The figure was a very correct representation of the man, and was suspend ed on wire across the main street, Across the legs board fastened bearing the words: s'Sneak Palmer, author of the crime" It was removed this morning by the sheriff. but not before many had seen it and it had served it's purpose.