The sun., 1894-03-17
NOT TO DIE IN THE CHAIR.
NARY DUNNE GUILTY. or MANsB1UeB-
TER IN THE SECOND DECREE

| TIE Extrs-s PenaIty FInees Yesrs A
stronE seeo--ssdation TO Merey-Four
| ef tire Jurors Untu the Lsst Ballot
| Were Cor Murder IN the Second Degree.
Mary Dunne is not to die in the electric
chair The jury which has been trying her in
the General Sessions went out at O o'clock
?. M yesterday. At 1880 they were taken out
| TO dinner. After they had dined we'll and
lighted their cigars thoy returned to their
| room and dsliberated until 11:15. when they
| reentered the court room.
Mrs. Dunne sat upright in her chair and
studied the impassivs face OF the foreman.
Mrs Foster. the " Tombs Angel" who has sat
by her side throughout the murder trial, was
apparently more affected than she was. Mrs.
Fosters face was ashen white and she cssped
Mrs. DUNES hand convulsively.
The strain was over In moment, for the fore
man announced that the jury found Mrs. Dunno
guilty OF manslauRhter In the second degree.
with q strong recon mmendation to the mercy
OF the Court Mrs. Dunno and Mra Foster
smiled at each other aud wrung each others
hands Recorder Smyth then discharged the
jury. and remanded Mrs. Dunno to await sem
tence.
As she and Mrs Foster walked, hand in
hand. toward the door. Mrs. Foster who had
been In the close air OF the court room all day
without food. became faint. Then the spec-
tacle was presented OF Mrs. Dunno. whom she
had been sustaining and comforting all
day. taking her turn. She supported
Mrs. Foster to window. which q court officer
threw open. and famed her and pressed q
salts to her nostrlls until Mrs. Foster re-
covered. Then the two women went together.
under guard OF deputy shsriffs. to the Tombs.
Mrs. Dunno. II 10 said. dreaded but one ver-
diet and that was a conviction OF murder in
the second degree. which would consIgn her
to the state prison for women for life. She
told court ofilcer. that II the Jury should by
would beg the Court to sentence her to death
In the electric chair.
fate that she feared for from the first ballot
until the next to the last four jurors voted to
Under tho conviction. the eItromo penalty Is
ippriss2nmsnt an n the state prison 9 fSr women
Mrs. punns EeS hee SvS WITH
mer at los West Twenty.siNth street on Oct.
"a last; Her defence is that he wa; large,
powerful man, u drunkard. and violent. and
with the clawhammer with which she, was
him, She testified and be said if that he 60 wond S
sill her first. The people say that she was the
good -natured, and that she had oft en- threat
ened to kill him. They called witnesses in
Ts5nttal yesterday to establish these facts
In his summing up for ;he defence. LAWYER
atss tS uIH anat nHo sRo syidenso mIst d, nafs
that Mrs Dunno did no more than any other
human being. In such sore straits as she was.
would have done, and that the law Justi-
Ned her in doing in her own defence. All OF
the indications furnished by the blood spots on
the wall and the floor confirmed Mrs. Dunne's
story Of the -strnggle with her husband. Re-
lying upon her statement then. the Jury must
acquit her.
For the people Assistant District Attorney
Osborne said that the caso presented
degree. BY her frequent. threats. which
had been amply proved. Mrs. Dunno had
made clear that she premeditateu the
Killing OF her husband. Her declarations
to the policemen and to the matron OF the
Thirtieth street police station after her arrest
established beyond doubt tho intent to kill
She undoubtedly kile her husband. as she
had often threatened to do. with prem editation
and delberation. and with full intent to kill.
She had given herself up entirely to drink. and
she cruelty murdered her husband as he lay
aaleep upon the bed, ut the side OF his baby.
The law was made for women as well as for
m en-. and IL the jury were satisfied on the EVIL
dence. beyond o reasonable doubt, OF Mrs. |
Dunne's guilt OF murder in the first degree. |
they must not hesitate to ind a verdict that !
would consgn her to death in the electric chair.