New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-05
NEWS FROM NEW-JERSEY
FALES FOUND GUILTY AT NEWARK.
THE JURY RENDERS VERDICT OF MuhDh' iN
THE FIRST DEGREE-AN APPEAL

TO BE- TAKEN.
po,cr, Alden FaIcs. who murdered Thomas Hayden
in Newark on Saturday April 30. was convicted yes
to-day NJ murder IN the first degree. The criminal
preserved the impassive dcmeanOr he had SHOWN
| throughout the trial and displayed no emouon wren
| Tho verdict was announced Judge Dcpue thahheu
.bo fury and dismissed them. District Court judge
rhoma, Henry, the counsel for Faes. told Tribune
o,or.cr inter the verdict was given. that 1t was his
intention 10 appeal tie - the Federal courts on
the ground TINT the Indictment charged one offence
while Falcs was tried on another. The Indictment
wa; nnder the common law and the trial was had
| uuder The statutory law. You car be assured Vi
one thing" said Judge Henry; FaeS Will never hang
Tor the murder
The iury went gu; al at II 40 a m. and retuIAen
NJ 90 p. m. Their long absence LED 10 tie DC
lief that there would be disagreement nthoagh ue
charge b. Judge Depue which demolished the plea Oh
insanity set up by the defence left the jury hardly
any alternative but a conviction Of murder In the hrA
degree The verdict received with genera eA-
prestioos OF approval While the jury was out falG'
remained in the Courtroom writing letter ana eha'.
ting with his counsel and the constabcs WIG" 'ou
that the Jury had agreed upon verdict ana were aoo"
TO come into court he said: "They cannot come 700
soon for me-
II & understood that Faies will not be sentenced
mill Judge Henry his counsel, returns from trip
70 LIE Crosse Wis, which Will be In TWO "cchs'
The counsel will then have determined upon MS
mode OF procedure In carrying an appeal to the mghef
courts.
Judge Depue. in charging the jury, said mat inc
point on which counsel for the defence relied was the
plea OF insanity. This was good defence II sue
cesslly csta she'd but the rule Of courts Is, III the
interest OF Justice 10 regard such defence Win
jealousy. The defence must prove beyond question
that the accused Insane at the time the act was
committed, TO give the accused the pehent VI !"
donbt and an acqutal In law an ihaohS "
distinguish between right and wrong Is not the test
OF insanity although medical experts so consider IL.
The doctrine Of moral insanity as a defence TO
criminal accusation has been repudat"d py
mn almost unbroken current OF decisions, rs
hostile to the principles OF law and TO the welfare Vi
society. The law also repudates the doctrine .h"'
criminal act may be excused on the no'on oil an
Irresistible impulse 10 commit H. Tie notncI 81
the accused lis sunday school teacher, ms cot''ars
and shOpmalcs had sworn that he was e"'i a,cl 'ac
MURDER and that he acted as usual iiis c0ol PH',r
ming of the murder his correcting Judcc Have IN
taking his confession. and his rerct ior inI"rins
ability, TO do the decd. FAILS might have been N
hucnccd by reading trashy noyeS' bnt lnnt uS lie H.,
crime and was not insane when be committed H. nc
could not be excused from full responsibility Tor the
crime.
The East Jersey Water Company, which constructed
the plant for the water supply. haS Tquc''ed d
conference with the city authorities In relation 10 the
acceptance by the city OF IN" NJrR anu INV 'c"'"'e
Of the defects that exist. The company's repres""-
tavc declared that the company Will fully carry out
the contract with the city and make all defects good.
II IS uuderstoo that the company has not made the
profit Of the contract that was expected 'dTiN'
\. Hobart, cOunsc! Tor the company. /, credited WIN
saving mat If the company came ont even on the
contract IL would be very fortunate. ana mat II III =
work 10 be done over AGAIN me contract Not'u
not be entered into BY hi, company. Last summer
- 900 900 had already been expended. ana the com
pany had resort to loans for TIE complexion ~ inc
contract, borrowing 100000 from one newark IN.
>iituiion. \ committee Of the Common Council VIII
inspect the reservoirs during the coming week.