The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1827-08-09

cal" His embarrassment was excessive
ly ludicrous, the audience laughed and
Strang joined in the mirth as heartily as
any of them"
:" There are many rumors ahoat,a TO the
probable course that Srang will take, when
called upon to testify. 1t is believed that
strong efforts have been made TO induce
him to be mu,e-and it is said, that his faith.
er and friends have been particularly ac-
tive to produce this result His testimony,
even if freely given, must Of course, be ta-
ken with great caution. BY the Jury; nor
probably, would word be believed, unsup.
ported by strong circumstantal testimony
great reluctance moreover is manifested
by witnesses 10 be brought forward, and
several subpenas have already been serv-
ed, and followed up by attachments"
The proceedings of Tuesday, Wednesday,
and Thursday were principally in the exam
ination of witnesses, and the arguments Of
Council. Every point says the Albany Ar
gus, was litgated with great technically and
subtlety on both sides. On opening the Court
on Friday morning, Judge Duer pronounced
the opinion of the Court upon the question
raised and argued on Thursday night, "wheth-
er Strang, the principal in the felony, and
wherewith the accused stood charged as an
accessory, should be admitted to testify a
gainst the accused" The Judge after stating
that according to precedent, the prisoner, IT
admitted to testify, had an equitable claim up
OIL the court to a recommendation for mercy,
and legal claim upon the government for
pardon, cited a case in which prisoner test-
flying under nearly the samc circumstances,
was pardoned by a special act of the lie.
gisature, of New York. We regret that we
have not room to give our readers full and
explicit account of this very interesting trial,
but we can only copy a short extract from the
opinion delivered by the Judge, on the above
question. 1t may, though concise. give some
idea Of the characters Of the murderer, and Of
the wife of the murdered.
From the evidence before the court, it
appeared that Strang, the principal in this
case, meditated the murder he committed
for the space Of six months that he had
an elicit intercourse with the prisoner at
the bar; that he had expressed himself
determined to have, her If it cost him his
life, and proposed to take her with him to
Canada. He is man of about 30 years OF
age, not deficient in experience, on the
contrary artful and deceptive, passing him
self off as an unmarried man, and under a
false and assumed name. The character
In which he appears before the court as to
his participation in the crime which hes
been committed, is not that of a technical
but ofa real principal, not as an instrumen;
used by The prisoner to get rid of her hus-
band, but as the seducer of the prisoner to
obtain possession Of her person and proper
ty. The prisoner at the bar appears as d
young woman, now about % years of age,
married at the early age of ! 4 or Is to her
late husband, possessed Of property to n
considerable amount, of character light
frivolous, weak vain, ,mprudent and wicked.
and guilty to a certain eytent til insiru-
ment in the hands ola designing man, but
destitute of those qualities which might be
supposed to have swayed the mind or con
trolled the actions ofthe person with whom
she had had al Illicit intercourse. Had
the case been reversed, and che presented
as a woman Of experience, Of strength of
mind and energy of character, who had
lived unhappiy with her husband and eX-
pressed determination TO get rid Of him,
who had selected as her paramour youth
OF ineSperience, and by the scductions of
her person and her fortune had induced
him to commit the murder, in the exercise
Of their discretion the court would not have
hesitated TO admit him as witness, and
on q full disc losure Of the facts to have re-
commended him TO mercy. The conclu-
sion, therefore, is, that Jesse StraDg cannot
be admitted as witness.
After the opinion Of the court had been
delivered the District Attorney rose and
said, in substance, that the testimony Ut
Strang having been excluded, and as the
eircumstantial testimony which had been
adduced, and oil he could add thereto
would not warrant verdict of guilty a.
painst the prisoner, after advice with his as
sociate counsel he had made up his mind
TO abandon the cause.
Judge Duer-The counsel for the pro-
secution upxpt adopt their own course, and
upon their own responsibility. But feel
bound to state to them that were there a
motion now to be made by the counsel tor
che prisoner TO stop the tina because there
had not been testimony addnced sntiicIent
20 warrant its further prosecution, the mo
zion would be denied by the court.-lf the
eounsel for the prosecution were satisfied
that they could not convict, the court would
suggest that the cause be rested, and that
the jury pass upon the guilt or innocence
ofthe prisoner by the testimony now be-
6bre them.
This course was finally adopted by the
prosecuting counsel and after short but
pertinent address from the Judge to the
Jury, without leaving their seats they re
turned verdict OF NOT GUILTY, and the
prisoner at the bar was discharged.