The herald., 1837-04-10

Couar oE SEssIoNs-Saturday, April sth.- Before
the Recorder, Aldermen Ward and Tayl lor.
Trial of Jacob NJ. Burrows
SECOND DAY.
Luke Davis, minister, was called for the defence
to prove the marriage Of the prisoner and his brother
John.
Dr. Webster was called for the defence show that
blow on the right side of the mother must of conse
quence inime the left side Of the child Some other
uniaportant medical testimony was also given by
this learned DOCTOR but il had little or NO bearing
John Burrows, the brother Of the prisoner was next
examined. His evidence was entirely in favor of the
prisoner.
Michael Wilkinson, the husband of the deceased,
Mrs. Wilkinson, was then examined by Mr.. PhGnix
for the prosecution
He positively denied ever having struck or other
wise i'll treated his wife. He also distinctly swore
that to his knowledge his wife intoxicated;
that the fact of Catharine Burrows having lived with
hun as a servant also true and that the reason
for his dischargng her was her habits OF ntoxica-
ton.
Cross-examined- had difficulty with
Caharine burrows respecting her wages; the difficult
~ from her getting intoxicated; she came TO me
and demanded her wages; said I'll will not pay you
if there any thing due to you sue me for IT, and 1t
is decided owe you any thing will chserfully pay
yoa."
Mrs. Catharine Fowler, examined by Mr. Phgnix
for the prosecuton.-I was acquainted with Mrs.
wilkinson during two years l never saw her touch
spirituous liquor with the exception of when she was
sick, just before her death. MIR. Wilkinson always
treated his wife we'll / have but slighi knowledge
of Catharine Burrows. Three nights before Mrs.
Wilkinson death Mrs. Wilkinson called her husband
to her bedside and aid.she. .knewshe was dying She
requested her husband TO forgive Burrows She also
Mrs Wilkinson blessed her children, and said to her
husband II am dying before my time. got my
death from that kck," (allndng TO the kick Burrows
had given her in the slde.)
H.
Mrs Ann Gilbert, exanned-Ths- witness was
called for the prosecution 10 prove that during the
time she had known Mrs Wilkinson, e years,) she
had never observed her TO be any thing but strictly
temperate woman
John Wood, examined for the prosecution.-I lived
in the same house with Mr.. and Mrs. Wilkinson for
nine months. never observed any thing like drunk
enness in Mrs Wilkinson. Mr.. wilkinson appeared
to treat his wife well. inever saw any thing to the
contrary.
Henr, Stainer exarained-I lived five months in
the same house with Mr.. and Mrs. Wilkinson. /
never saw any unkRdness on has part, nor any syrap
toms Of lntoxicaten on the part OF Mrs wilkinson.
great number Of witnesses were now examined.
Their les tmony went invariably to show the kindness
with which Wilkinson treated his wife, and that Mrs.
wilkinson was an industrious, sober, and knd-hearted
woman. -
Jacob Ioder examined-I was near Mr.. Wilkinson
when the atfray happened | heard murder cried; j
crossed over from the stoop whereon was sitting as
| came TO the door | saw Mrs. Wilkinson throw a
pitcher of milk over the prisoner, Burrows. lbs
prisoner then struck Mrs. Wilkinson in the breast
she fell and he then kicked her and said Damn ysr
! take that"
By the Court.--Was the kick severe
Witness-I am not able to say-but should iOdgc
| il was.
| By a Jurer-Can you recognize the prisoner as thu
man who kicked Mrs wilkinson
Witness.-Yes sir, [pontng out the prisonesl tina
| is the man.
| The apprentice boy was examined after the las
witness His evidence threw no lgh, upon the affair
/ He seemed to have forgotten every material fact
FIs answers both 10 Mr.. PhGnlx and the Prisoner
couns were |" / do nst recolleci," IL cannot say,
| 'I doei not remember"
Mrs. Alcock recalled.-This lady merely recapula
ted her evidence There was little no variation in he
statement compared with that gwen on Friday.
/ Mr. Harman Morris also was called TO prove tina
| DR.. Anderson was too i'll TO venture out.
The court directed an examination should be gon
into OF the Doctor at his own house.
Somediscusson now arose whether the trlal shoult
proceed or be adjourned over until Monday. Severa
of the Jury seemed anxious for the trial TO proceed
but upon representation being made to the Recorde
that il would be very late at night before the evldenc
could be closed, and Mr. Phoenix stating that il wa
his intention to address the jury il was finally agrees
TO adjourn the court until II o'clock TO day.
Adjourned accordingly.
|