The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-14
WHAT CANBUDONE WITH BEUGY
IlHlIRN ~ cow HTION TOH
W RDIR ~ FsOsSIBIE.
,r rt GGnEsi-T HhO Ii-ld iIsy In FTaRi
90. 'Um said Ia Ita'r uad No Csuatsr-
art There's Doubt mat ENra a
HaRs'Auzhtrr ChArEs would HOla

WIN NsAlN W NAaNN NNtal 10 uNlIlNRNs
are ThrrrS Doubt mat ENea a
sA"s'AuEh'sr thArSs WOuld HOIa.
..t- alh"rwis' Adolph Berg the
.a.af AMI - .cpuvt,f Who ~ accused
ing -hi"li 4 himself from the re-
... 20 IN clark a prsnf ghter. with
r. ..1v vt IN" buy harley Fischer
.. .'-.tly night amt who H. now IN the
... tUaifiuE he verdict 1t "a Coroner =
.. rr. vet GATED may have hi- name
.a--..t along IA The vohiminoIz rpfer-
O.. 90 81 Jurisprudence. Dizg rict Attor-
D., n n3' nan and his star ack now lodge
r... e. present. they do not know how 10
Ir..,.'d agaIn-, this salo~ facrd young
I...uU"r
fl"nr - an ms; anCr that il bound 10
o. rr'-I lawyers the Cuuniry over. 80
,n, &C hem said yesterday In" boy
% .- argued. met his death 10y the at
% PrrD'eS Berg, the one WIN actually
.t 10" showing killed himself. there
f,Us.uS only this former inmate of Sing
S.nE 90 punish Morally and In the ewes
o. very on" who dete-ts a coward Pickles
HsrEI- guilty. ~ murder in he first degree
rms the argument. hut IL was practi-
Ca'v conceded yesterday thai Berg
rn.d never he found guilty ~ murder
.' 'th"r degr'e. and there was doubt IL
~ cOnvIction on the charge OF man
Slaughter IN the first degree could be
scCpmplished
Assistant Disi riot Attorney Siickney
Who has the case in charge. said ye-ter-
tsy that since Coroner Israel l.. Feinherg
rad not vet -et the date ~ Ihe inquest
here was plenty Ut time for the Dis
ret Attorneys office to dig into the law
m this matter and fortify itself in an
attempt to give Berg the s;idesi punish
nent provided for. Mr. Stickney frankly
saId that he did not know without resort
t. the authorities on what charge Berg
could be tried.
4 well known criminal lawyer who was
once associated With the District Attor-
neys ONCE said yesterday that in his
opinion Pickles Berg had raised a case
uefore the courts Tor which there was no
exact precedent ia American jurispru-
dence. The nearest approach 60 a paral-
lsi case in American courts came up IN
the first decade OF the nineteenth century
thls lawyer said. In that case the pr,nci-
20 involved was the same. but the CIR
INSTANCES were widely different
To convict on the charge Of murder IN
the irst degree IN New York the prosecu-
ton must show that the killing was the
f-sult Of "a deliberate and premeditated
design TO effect the death Of the person
led or another Or IL must he prov 81
nat the accused had been guilty 81 an
tc' -imminently dangerous to others and
evIncing a depraved mind although with
out premeditAted deslg To effect the
death 81 any individual person Who
Wnlle engaged in the commission % a
felony kills another ~ also guilty % muir
der IN the first degree.
criminal Lawyers 81 experience who
d s,Issed the possibility ~ securing a con-
F..tloR % Berg on the first degree muir
d"r charge said yesterday thai mann
testify he could not be convicted under
o." FIRST clause of the statute The man
had -natched up the boy aud turned him
a. a shield against the prizehghteT's re
vpyer while he was otI@ying the instinct
~ -elf-preN@rVation and AZ the spur 81
the eXIgent moment.
Furthermore. witnesses have said thai
when Berg swung Charles fisChe- around
M front Of hun and saw Bit clara raisInz
10 revolver to fire Berg called out You
uDudn't shoot the kid. would you. Bh
ETl, sentence may serve Berg well when
no oomes 90 trial the LAWYERS said yestnr-
dsv II showed not onlv a lack o; premedi-
'al,nu 10 bring about the death of IN"
.rId hut u indicated that the vuu.u
y 100 found his life endangered and o shf
-.r~"n himseh with the body Of ths boy
.+a q reasonable belief that he assJilsnt
s... LOT shoot
r...' art Of the stipulation AZ to what
'0r.r.' .'"~ the frs degree nurde- Vhi,h
define, the responsibility of one causing
i'!-atu uy an act rmmin"ntly dangerous
.H Tiers Sc cannot safely he applied
.. '-a present lnstsnrs said member
.' No" DISTRICT Attorneys stan. unless
.. inc -usi that the Court hearing Bergs
..~" would ssta blush "a r'llng to 90 the
...."0' instance
tivHrd , Rosenheime- the Pelham
nan w1rss automobile klli. ! Ms Grace
h'pgh - bslng held or a fret degree
". .. der Hhdrge undo the clause -eyinCing
l"rrayei mind regardless TO human
u'@ u . Thought that this clause Couid
"' '" mad" 10 apply "a Bergs rase be-
.....- fh" whole spirit Of the law - hith- ,
D. 'r urr.tr'Ied doc. no take coKnilan"c .
10 instinct Of self preservation a. /
N.dr'a - n depravet mind
me lawyer cItad Yesterday a case men.
.pa"f m Story- Reports in the year
.'!u After a shipNreCk on the Atlantic B
"a'load - sailors and passengo-- ,
"Is.i from the disaster and hoat~d
og' for many days. B~caus" the boat
'".- "r"r 'oad'si and PROVISIONS were 7
'.gs y was decided that one mus, 10
-, .u'' N" sea- Lots were drawn.
Eer 81 The wrecked bark dreW tho
.a''. slip and ne was thrown overheard I.
'-t'"r N" remaining castaways We"
- 'l'Ti ann tH~N Nsfs lElel ipf tnuiu"f .
% 'ha hrst degree
boo NO. unargo TO the jury the Judge ,
F.'.,H'"i that the instinct for self. !
"'~rv ation should he recognized. tat 1
~. INFLATED that IN the case Of the sailors I
' OF jI'y To protect the lives Of their ,
'.s."r gers outweighed all other con. ,
= .".a'pu- and they had been guilty 81 !
TO CO. - their sworn duty IN bringing
st...' ne death Of the passenger 4
= be- 'hA belief. ~ ne criminal lwyer-
- gave their opinion yesterday that the ,
DISTRICT Attorneys ONCE cannot draw
J. precedent UPON the case 81 I.aidlaw
~ >tge wherein Russell Sage was sued
'''.'v FOR damages by a clerk IN has once
sr. slegsd thai when Norcros-. the
'a'f'. threw his bomb at Mr.. Sage The
t7''-r 'Urew his clerk IN front Of his body
, 'n .""u himself from the flying metal.
. d. .gn sut Was awarded the plaIntIh
+, '.a '''al court. hut IN Sos the Court
70. '.'"..~ re-ersed this Judgment In
'.' ACTION no mention ~ SaRe- criminal
''--rr-lu,htv for N. act aileged against
..- mad" and tho Court Of Appeals
".-rrg 90. Ision called attention 10
mat wh"thar or not MIR sage had