Year: 1873




VERDICT or MANsIAUGHTER IN THE FOURTH DEGREE.


The trial of Michael G. Brodenck for caus-
ING the death OF his James, in Carminest last Au
gust was closed yesterday. The important test
mony the defonse was that OF the prisoner himself
From his story, delivered In the and with the
expression OF man belonging TO the lower class OF so
cety appears that the remote OF the tragedy
the absence Of button from his clothes. His own
growing" met with still louder and harsher talk from
his wife and mother-in-law The old woman. as he ex
pressed it. screamed at him." While his wife pre-
psnng to on the missing button his son John came
in sat down at the table, and catching knife in his
hand asked what the trouble about. The father
ordered him 10 mind his own business and leave
the house. The retorted cOntemptuously. and
the father rushed into the bedroom, seized a
Dedslst, and coming out, struck at his with it, All
this time the father had penknife In his hand which
he had been using while his wife sewing on the but
ton His son. when rushing at him, had knife In his
hand John swears he dropped 1t before touching his
father) he mp bent his head like bull and
tne Shoulders and ealing to his brother NOW have
him Let's pitch him down stairs " with an epthet too
vein ana approaching with billy siruck his father
twice over the head with it, The latter then, while
partly stunned and greatly excited struck out with the
knife, not knowing at the moment what he was doing.


Other testimony was offered tending to SHOW that
Broderick careless harmless sort OF man, ana IL
also proved that year before the homicide the Two
sons pursued Their father into LIQUOR store one witn





with great difficulty that the father rescued from
their violence. The prisoners daughters aud Coroner
Young called for the defense aud they proved tat
"a few after the prisoners arrest there were freshly
made scratches on his breast and some evidences OF III
luries his head


Mr. Howe addressed the jury for the defense
and Distrct-Attorney Phelps on summing
I'D for the prosecution admitted that
the degree OF deberaOn required to constitute murder
ia the first degree the law OF 1873 not proved
but claimed verdict Of murder IN the second degree
Judge Daniels then charged the jury. He commented
on the and revolving relations between
the members Of the prisoners family He left II to the
Jury TO determine whether the john had knife III
ms hand when he rushed at his father; whether the
prisoner intended TO &l his James when sta0DlDg
Justify the act and far the interest the prisoner had
in eXOnorating himself to bring into question the
testimony in his benalf. The jury retired at IL.


After delay o. several hours the attention OF the W
or 40 occupants Of the courtroom was attracted by
slight uter in the CORRIDOR and the announcement was
made the jury coming iu. Ihe PRISONER ac-
companed by counsel and several members OF his
family approached and took his seat before the Judge
The iury advanced the roll was called, eacn Juror
nded his uame and the regular iOrnnla OF inter
rogaton was complied WITH The foreman OF the jury
announced that q verdict had been reached and tuat
they found Michael c. BrOderlcB guilty OF mansduShter
IN the fourth degree -,


There was no excitement and little surprise IN inc
courtroom; the prisoner manifested no emotion, MS
counsel was heard To whisper, 81 am satisfied aud
one OF daughters OF the prisoner burst INTO tears
The prisoner was asked If he mad anything TO say why
sensnce should I've passed. He with bis coun-
sci at shoulder and about - speak, when the
Judge, iutergupting him, announced ihdt sentence
would be deferred until 10 O'Clock TINS morning MOTH
ing further was said and the crowd speedily dispersed
extent the punishment 10 winch the prisoner was a