Year: 1868

q recess During the interval ana after Judge
sna me nsc the
nlor@cn 70 me accused spd ,;m almost I,na; imms;
rounding him Immediately interfered to prevent any
moment, which might have been Serious, unre-
strained II was by the presence OF the judge The
Seat with most sullen and desperate expression
his face, leaning his head on his hand His friend
left the court at once.


the part OF the prisoner Is stated to be as Olows-
The friend who was assaulted had, at the prisoners
to Ind witnesses who would testify in his lCaseysj
favor. He returned and reported to Casey that he
mad been unable 70 procure any, the prisoner became
his efforts and assailed him as described above.


On the reassembng Of the court at half-past two
the court that the prisoner be surrounded by guard
OF Sheriff's officers, which was compiled with Mr.
prosecution in powerful argument against the
prisoner


The court, at the close of Mr. Hutchings' address,
charged the jury IN brief and concise manner,
urging upon them the gravity of the duties devolvg
upon them. They were to render verdict upon the
their consideration entirely every element OF fic
tous or theoretical character on behalf Of the prose-
ae weight e Sa sv doubt %nc
were to be discriminating also as between



sympathy should lind no plaie here. The court then
defined the conditions under which the various de-
grees OF murder might be arrived oil, and said that
they could find the prisoner guilty in any OF the de-
grees OF mansaughter. But as the court understood
these sections OF the statute they had no application
to this case and 1t was not therefore, necessary to
define them.


At the conclusion OF the charge by the court the
jury retired tha.past three O'Clock r. NJ and were
In deberation until quarter to six O'Clock. Upon
coming into court the jury announced, through its
foreman, that they had found tile prisoner guilty OF





Assistant District Attorney Hutchings then moved
that immediate sentence be pronounced, and the
asked II he had anything to say why sentence should
not be passed on him.


Casey then addressed the court at some length,
stating that he had been engaged in business as
Matchmaker and that on the night OF the murder he
was robbed by one of the two girls who were with
Connell. 1t was known as he (prisoner) was resi-
dent OF the Sixth ward by the thieves, prostitutes
and pckpockets Of that section, that he frequently
had numbers Of watches and other valuables about
him, and on three previous occasions he had been
assaulted and robbed, and that was why he carried
pistol about him: After some further remarks In
this vein he said that lie was lone man In this affair
and was opposed by crowd of the friends OF Con-
nell, who belonged to "Skit" Gaagher's gang, and
nesses who knew all about the case and could have
testified in regard to his prisoner's) character as an
hard work te nerty IN his life u and now # was s
all swept away from him. He was robbed of IL all
and had now nothing. While he was much obliged
to the jury for having taken pity on him, he would
however, sooner step upon the gallows, now that
everything else was gone. He seemed to be pecu-
lary ambitious of impressing the fact of his prefer
encc Tor this ignobe death, us he made use OF the
remark no less than three times to the court.


Judge Barnard then proceeded to pronounce SEN
tence, reverting to the fact of the prisoners narrow
escape from conviction Of murder in the first degree
en- the former trial. and stating that he had never in
his many years OF experience, seen clearer case Of
murder against prisoner than this. There
was slight doubt in the case and the
jury, as kind and considerale gentlemen, had
given him the benefit OF 1t. The prisoner had the
right II he chose to bring witnesses to prove his
Character, but had he done so the prosecution was
prepared to give him character that he little
dreamed Of In pursuance, therefore, Of the duty
dcvolving upon him he would pronounce as the sem
tence of the court that the prisoner be imprisoned in
the state Prison at Sing Sing at hard labor for the
term Of his natural life.


Prisoner-Ohl your Honor, is that the sentence9
would sooner be hung


The court-That Is the sentence.


Prisoner tsarcasticalyt-That is the longest you
could give nie2


The court-Ihat Is the longest sentence can give
you.


The prisoner, who was evidently dissatisfied, was
then manacled and taken to the Tombs and the court
adjourned