New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-27
WEBSTER FOUND GUILTY.
MANSIAAUGHTER IN THE FIRST DEGREE
oND JUROR FORCED THE OTHER ELEVEN TO
AGREE WITH HIM.

oND JUROR FORCED THE OTHER ELEVEN TO
AGREE WITH HIM.
A verdict for nanslaughter In the first degree was
bpousht in by the jury the Court Of Oyer and Termf
nor ct II 40 las night against Burton G. Webster for
% killing OF Chlrles f. Goodwin at the Percval Flats
on August @ 1892. This verdict carries with 1t I'M
pr4sQnmeIt for not than twenty years. The
Jurors were OFT seven hours They returned twice
for Instruction. At g 80 they came in and asked
10 bs INSTRUCTED as to the difference between murder
In the second degree and manslaughter In the first
degree Then they retired and came In again al
10 40, and tie foreman asked Justice Ingnham IT, IN
order rcacr verdict Of murder in the second degree
they must 1ld that there intent TO kill The
Court instruced them that there must be such an in
tent for that verdict but the intent might be implied
from the prsoner's actions.
The foreman remarked that II this were the law
there must be disagreement Judge lneraham too
them that hey must try to arrive at n verdict ana
they retired again. At IL 40 they came In with the
verdict mstioned. 1t another case Of eleven
obstinate trymen All except Benjamin Keller a
nlNuner, No. 491 Eghth-ave. wanted to bring IN
q verdict for murder in the second degree which
carries life imprisonment with it. Keller would not
agree witt the eleven however. the eleven aSreei
with him. At Mr.. Howes request Justice hgrahnm
set MondS next as the day for making mouon Tor
new ril.
Assistan District-Attorpey Wellman for the prose
cution, nd Of the charge OF Justice 1ngraham. The
testmoU was simply filing In the chinks LETT vacant
while tie trial In progress. Mr. Howe maue
strong llea for the prisoner. Mr. Weilnan lono"eu'
and hi speech considered one OF the stOisesV
whichne has made. lie showed the VARIATIONS
in IN, stories told by Mrs. Webster and the other
witnesses at the time of their arrest on the former
trial. and while the present trial has been IN progress
He tnished speaking soon after o'clock and then
Justie Ingraham began his charge. After le"
preliminary remarks he spoke In part as follows:
ave are here, gentlemen, IN the performance OF
q mot solemn duty. We, as representatives OF he
great State OF NewYork, are charged with the re-
sponsthlitfes of determining whether or not uns
oefenant has committed a crime, whether, when he
killed Goodwin on this second day OF August ne
did THAT the says he should not DO, or what ne
had right 10 do. The theory OF the UoVerhlheH'
is trst In people. The people decide everything
As ing as the law is administered as long as crime
is FINISHED as long as the community can feel mat
crime cannot be committed without meeting us Just
reward so long will the Government stand' ana so
,ap this experiment OF government OF the people
h the people will be O But II crime can
b committed without punishment then the Govern
ient is AT an end
al want to Impress on you one thing; Goodwin Is
OF on trial No act he did prior to what occurred
n his room can Justify this crime The law does
The law provides for the punishment OF that ana IL
is not in any case death. Whether he said TO MIS-
Webster what she says he did, Is OF no luPor'ace
II he did It. Webster Is more 1usthed III kiiiihs
him than II he had not done it. We must come down
% just what happened in Goodwins room on tha'
night of August 2. You must determine under JUST
what circumstances Goodwin was Killed There Is
a direct difference between the testimony Of the
witnesses for the prosecution aud of tie defence
nal,v these cases have to be decided sworn test
mony But here have the dying deciarauoa a.S "a
Goodwin Goodwin said was s,su nt t ss d door.
vot up to snswer it and was confroptei by Nepster
Who Shot me- He must have had grndee against
This vas Goodwin's statement with death before
Nm knowing he could no I'VE n reoe nr n1f
Won are 10 look for corrohoTalVe clrcuIn1Grce9f,
see whether not this story is Goro a o 1 oT
lion OF the roEen cuspdor, the TACT ina, the letter
was upon te desk partly wntten and nd WITH t t the
that Goodwin brother in the afts err Sds had seen
the nkstnd an the letter d not ON s It IS that
Goodwin came his door, and when he saw Wehstef
< MIN In or roo "s s5a at w h he got there Goodwin
stood confronting him with the cspidor IN ms manu-;
ana t tnen rcrS9n bmane and Mrs Webster II you
should find WebsN's story trne you are then 10 S
10 Webster's own tory he did everything he could 10
avoid injury. Goodwin, evidently, when ne siu Sn
the blow o W TanfsG" story ss- ava" 70 bis
room II was pfecty evident that Webster was
&c in Saving We're he was, if he had not wished
TO take the law ito his own hands ,n I've Go ddod ssye
% ths door Of his oor so far It appeared, Good
win unarmed and being in his own room ne r was
LINING into his nom and assang him. Webster
was armed with lsol and followed him to MS 1S ToS a
tho aesailant and NO acted in selfdefence-GoodW1n
With nothing but acuspidor in his hand, or Webster,
who followed bin o bis room with Piston III iiS
pocket" 100 .,.,.o,.
The case was g7en to the jury at 30 O'CLOCK