Year: 1873

How He IL saved from the GaIiows-A
PIeG OF Murder i'm the second Degree
Accepted-Extenunting Ahidavits to be
Submitted.


When John McDermott, who has been indicted
for murder in the first degree. arragned at
the Court OF Oyer and Termlner on Monday his
counsel, Mr. William II. Howe, said that plea OF
insanity would be interposed in his behalf and
owing TO the absence OF ex-Judge Cardozo, who
had been associated with him in the defence, the
trial was postponed till yesterday. McDermott, 1t
will be remembered. in a ut Of jealousy killed his
wife by striking her ON the head with q hammer
and afterwards attempted hls own life by butting
his head against the wall OF his cell.


On his case being again called to trial yesterday,
Judge Daniels on the bench, Mr.. Howe stated that
after weighing the evidence he and his associate
counsel had concluded that a verdict or murder in
the second degree would in all PROBABILITY be the
verdict OF the jury They did not feel that the plea
OF insanity could be successfully maintained, and
had procured from the Digtrict Attorney an &C
ceptance OF plea or murder IN the second degree.
They have thus saved the life OF their unfortunate
client, ana this, under the circumstances OF the
case, all they felt II In their power TO accomplish


District Attorney Phelps, in accepting this plea
stated that in all probability had the prisoner been
a rich man ne would nave procured the services OF
the many scientific alchemlsts and medical men
with which the city ab0unds and would, no doubt
have set up such theory oil insanity as might have





gree. He had had the prisoner examined by med-
cal experts who had stated TO him that while they
did not consider tue prisoner insane at the time OF
the murder or at the present moment yet he cer-
tainly was man OF very low intellectually; and
while accepting this plea he thought the full PEN
atty or the law would be meted out to the prisoner,
Tor the killing was committed under circumstances
OF the greatest atrocty and was OF the most revolt


Ex-Judge Cardozo made most effective and
forcibe plea on behalf OF the prisoner. He said
that before the present course was agreed on, and
G.
indictment he had promised at the request OF his
learned brother MT Howe % TO participate , with n him
TO perform the duty. which Mr.. Howe would 50
amN much better discharge Of making the
half half Of "nis this Unfortunate man. And
now by his partiaity. contrary to his own prefer
tions to His Honor: Upon careful examination,
preparatory for trial, he had become convinced
that the highest crime OF which the prisoner ought
degree; and he felt quite certain that when His
Honor examined the papers he would iail to find
any evidence to Justify the belief that there was
any such prcmedtation IN his act as either under
the former the present state of the law OF homi-
eide would justify verdict OF any higher grade of
crime. But as all human judgments are fallibe.
and none more 80 than that which attempts to pre-
dict che result OF jury trial, 1t mad been deemed
discreet act upon the suggestion OF the learned
counsel for the prosecution and nterpose plea OF
guilty OF murder in the second degree. With few
condition was very hapess. But that very
heplessness will appeal to the learned tribunal he
iitu tne honor W auuress inore luicipiy .uan nis
counsel can for that clemency which he so much
needs. Springng from the humbest walks OF life,
with little, IL any natural intellect-comlng from
family in which insanity is nherited-himself the
victim or sunstroke-n moment OF fren-
zed jealousy he struck his wife, And
she is dead IL was frightful act,
and he must bear the consequences. But HIS con-
dition which he had depicted should lead His
Honor 10 the conclusion that his measure Of re-
sponsbiliy for his acts very slight indeed After
His Honor shall have taken those circumstances
into consideration and made, as he trusted he





nav, entirely probable-he had overlooked the
stronges. grounds to urge on his behalf, that his
own wiser and more acute mind would readily dis
cover them. and that in pronouncing the judg-
ment which he must he will temper the sentence
OF the law with mercy.


At the conclusion OF Judge Cardozo's remarks
Judge Daniels gave time to prepare affldavits in
mitigation.