The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-20
IN THE JURY'S HANDS.
Closing Arguments and
Judge Knapp's Charge
in the Gildea Case.
MUCH AGAINST THE PRISONER.
His Claim Of Self Defence Receives
a Heavy Blow from
the Bench.
MUCH AGAINST THE PRISONER.

When General Albeit opened Tor the
defence ia the Gildea trial yesterday. he
told the jury that the defence admitted
many Of the facts that the State mad
brought out, particularly that which re-
ferred to the journey to New York
He asked the jury to notice two things
which the defence would bring OUT
First, that the reputation of the dead
Boyle was bad, and second. that the pris-
oner knew that Boyle was bad chnrac-
ter, who had frequ emily been engaged in
fights.
The General claimed that he would
show that Boyle struck GiIdea three
times before Boyle was stabbed.
Glldea was called by the defense to
testify in his own behalf. He said he
visited Boyle's house before they went to
New York and then repeated the history
of the trip. As they were returning
home, Gildea claimed. Boyle tried 70 In
duce him TO fight aud struck him several
times. Boyle annoyed him in this man
ner so much, Gildea said. that he drew
knife twice to friehten Boyle.
when we reached Oak street." the
witness admitted. II did say IL you strike
me again I'll stab you / only said this
bigger aud stronger than / was When
Boyle said he could lick me with one
hand | tried to persuade him TO wait
until we were sober, but BOYLE insisted
and was compelled to fight him. said
somethfno to him while O'Brien was
tying handkerchief on his arm and he
spranc upon me. I lifted the knife TO
scare him Boyle drew back and then
came for me again. | had the knife III
threatening position with the point out
ward. BOYLE ran against the point; did
not know had wounded Boyle SO badly;
had no malice azainst Boyle
DENIAL OF THE INTENT
Cross examined by Prosecutor Win
| ield:-"You intended to stab boyief"
"Yon carried Your knife in your over
coat pocket with your hand on III"
aWhen you held the knife and Boyle
ran against It, was the point outs'
Yes, sir"
"Yon did not stab himf"
'sNo sir"
'.Do you expect the jury to believe
thiss"
"Well. it is the truth"
''lf you held the knife as you say, how
| came the wound In Boyle's breast to have
a downward courses"
II don't know
THIS concluded the evidence OF Gildea
1 aud john OaFiS was C1fltQ. I1t teiotstttA
| that he knew Gildea and Boyle; that the
| former was quiee and peaceful and the
| latter quarrelsOfne when drunk
| Robert Charles Elon of Paterson. Ed
ward W. Dugdale, Charles 4. Iarbox.
! James joel, Charles White and Catherine
| Nearv, all of Harrison. testified 10 the
| good disposition and dreputation OF Gildea
| and the case closed
Counsellor Minturn followed with his
| address to the jury
| ROUGH on KEARSEY-
| "Gentlemen of the jury" he began,
| "any man who has reputation for psace
/ and Quiet in KeaFney is a good man, for
| Kearney is somewhat like Hoboken, to
| which the Prosecutor SO frequently pays
/ his respects"
/ With this introduction Mr. Mintnrn
| said he would quote from Judge Derue,
who said in the ease OF Blair,
| "a man In many cases is bound 10
| retreat but when his position is 80 peril
/ Gus as not to allow him TO retreat without
/ manifest danger TO life or grfevous bodily
| harm he is under no obligation to hy,
| but may IL need be kill his adversary.
| He is not bound to walt until his adver-
sary has executed his design
This" said Mr.. MInturn, ''Is our posi-
| tiop. Gildea is not a murderer, and
| know YOU can not believe him guilty.
/ There is not man among you VINO be-
lieves him guilty. He is but a boy with
| the passions and impulses OF boy. You
| have all been boys and some of you doubt
| less have boys for whom you entertain a
| fathers love. They leave your side and
| 20 to the fields aud streets and
| quarrel like boys and in their reckless
| Iess do bodily harm, maybe kill, but.
| gentlemen, who will say your boys are
/ murderersg Is there no charity IN the
/ statey Is there no humanity in the Grand
/ Jury. Can they draw no distinctions be
tween the intent, malice aud wantonness
of q mature man aud the inpulsive spirit
| of a mere boy?
The Prosecutor win probably ask you
| to convict this boy Of murder N the nrst
degree. Bat you cannot do II. You do
not believe him gQilIy of murder at all.
| If there is doubt in your mtnd give it to
him. He could not have had an intent 10
| kill his friend, with whom he had dinner,
| ana played and roamed with bY the quiet
banks of the Passaic in boyish passlIne.
PLEADING FOE AN AcQUITTAL-
| With further argument against a YER
| dict of murder in the first degree the
Counsellor referred to the second degree
! of murder and said:--"Nil Ill you send him
to Jail for years, where ne viii waste
| away his life and return to the world 10
find himself disdained and dishonored
| aud his future biighted forever. No, gen
tlemen, remember his past Remember
the character given him by his friends,
Fhis comrades and his employers. Re
/ member these things and by your verdict
send him forth, not 20 the gailoivs, not to
the prison, put to the community in
| which he was reared and respected, u
free man aud good citizen"
| THE PROSECUTOR AND THE JUDGE.
The Prosecutor then male ais argu-
meut. He pronounced absurd Gildea's
statement that Boyle ran upon the knife
O'Brien. the only eye witness, testifies in
contradiction of the story. aud the nature
of the wound makes Ii Incredible.
Mr. Winfeld Offset the sentimental plea
of the defense By pointing to Boyle's
Young widow, who was in court. As TO
Gildea's claim that he feared Boyle, MIR.
Winfield showed that Gildea had dogged
Boyle's steps and had loaded him with
taunts. Boyle's assault was with his
fist, and did not justify Gildea's
resort to dangerous weapon.
The charge of Judge Knapp occupied
twenty-five minutes. He began BY de
fining the degrees of criminallry.
Need say to ycu in rhis case" he CON
timed, ''that if in the act of using this
knife the defendant struck q blow in q
vital place 1t does not indicate
by the circumstances q nlurdel
IN the second degree. The
| circumstances that led to the killing was
a simple blow OF the fist. WHAT is The
| grade of crime the defendant IS g1ilr,
of, have not adverted at all 10 thu
statement that Boyle ran on the kniis
and wounded himself. bnt l