The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-10-03

to dinner before he made his charge He be
gan HIS long and exhaustive address at q :5C
IN the evening session. and 1t was s;4o whs'
During rs charge the 1Ty l ,ss attsn
slert peacefully.
The Recorder began by saying:
hi. @s; e'' TG's s 3.
SsssAsa assault b., ps s DS.T SSo
Ssmea 81 n.s IL. '' pE.ons9 vino G"f' on ira
n& sRS Ct hsa s' s.O
.s .. ss mai or S
to resort to rcsnes making MI a. ST, on hs nir'n
tnrss upon ,hs person Of The c%9mplsns9t r.,
sn m ws T tas laws Of s
The dssndaa, was in.,nsa IN making R mi, Assault
II he ga Nc. maxi m, sss,a in ,h.n h;
| assault defined IN the statute
The Recorder warned the Jury that they
must take the law absolutely rs he laid 1t
down: for ~ he made any error IL would he
corrected by the appellate court. They we're
the sole Judges Of the facts in the case; They
must not be influenced by any opinion the
added:
The Juror who win go outside OF the evidence TO
convict violates the oath that he took when he entered
before Ills defendant can be convicted any crime
H men hs ssdenGs s mI't o ss you OF
AIRY doubt with The question OF punishuent The jurors
wS h s r8n
he ~ sp h' ia r4s
sumption that he Is innocent until that presumption
In yonr mind.
The Recorder read the statutes defining the
under wheS Ellison msnt Seas
that he had Gsd in hG
lison and the Henriques family, previous
70 the day of the assault did not in
Henri1ues. Ellison was not Justified in, using
the violence he did unless he believed that his
s was m danger 20 and there
trenting lie. was bound under the law OF
this state. 4 It was possible for him to
to the testimony showing that Ellison had
made threats against Henriaues. The Jury
which this testimony was worthy; There was
no doubt that Henriqnes had been beaten;
several SeeE TSe
II You think that any witness has testified
testifying falsely. II the Testimony, Of the
II is your. duty to examine the testimony and
discover II they had any motive Tor testifying
You and
discover il he had any motive which induced
ton. This Is not law. this Is all talk. This
man snd: :! committed perjury and when
he SAYS s,.d committed perjury i the Jury
mine his creGibility they must take
that into consideration. Doubtless we |
may all have private opinions upon. the |
subject but We are sworn to regard the |
laws. We must discharge our duties or We |
son who has committed perjury; 1t is not
n necessary for me to tell you that while We are
here under solemn oath for the purpose OF
enforcing the laws OF this State. there 10 no
Justification whatever for the commission OF
tho crime OF perjury.
There is evidence in this case to establish
the fact that shortly after the perpetration OF
This assault this defendant had q CONVERSE
ton with one or more policemen: that he
had conversation with two witnesses in
Jacques's saloon; that rs to the latter
witnesses they testified to his saying: "A man
upon me and beat him. That evidence. II it
Is true. must. 1t seems to me. have some bear
ng but what bearing leave you to determine
The question Of whether or not this de-
determine. I submit the case to you; Tho
ou bile prosecutor has endeavored to do his
1uty. The defendants counsel has undouht-
IDLY done his duty ably and to tho best OF his
ability. All the facts bearing upon this unfor-
innate occurrence have been laid before you.
guilty OF assault In the first degree on a Sec
ond offence. or guilty of assault in the second
legree az a second offense. or guilty OF as
'aqlt in the third degree as second offence.
At the. conclusion Of the charge tho Recorder
declined to charge further as requested by
counsel. to which the usual exceptions were
AIKEN. and then the Jury were taken out In
,harRe Of court officers. and the weary walt for
he verdict began.