The herald., 1837-04-08

| ". w. Bennett charged with grand larceny, steal
ing watch SIS in bills and other articles to the
amount of $50
The evidence against the prisoner was conclusive
and the jury without hesitation found the prisoner
guilty.
Jacob W. Burrows, charged with manslaughter in
the second degree having caused the death Of Mrs.
Mary Wilkinson, by knocking her down and then in
cting several kicks upon her, the injuries Of which
| caused premature labor and ultimately her death.
Mrs. Maria Alcock examined-I was present at the
quarrel between Burrows and Mrs. Wilkinson; went
INTO Mrs. Wlkinson's room, she was just preparing
supper; saw Burrows run down stairs; ne went INTO
Hc yaro; an apprentice boy was there Burrows ana
the BOY had an alteration; Mrs. Wilkinson said to
me whatis that Burrows is saying to the boyF
saa ! dout know; went down stairs to get some
Vyeau W,s wmen @ came up again saw Burrows IN Mrs.
high words then took place; Mrs. Wilkinson threw
pitcher OF milk in Burrows face; he then struck he
cienchcd her and both fell down; Burrows rose and
commenced kicking Mrs. Wilkinson was frighten-
ed and run out OF the room; as turned saw Bur
rows kicking Mrs. Wilkinson; | saw saw him kick
her three times; cannot tell how many times Mrs
Wilkinson was kicked; was so frightened that was
not able to take particular notice.
Cross-ezamned-Il live in the Third Avenue. Was
acquainted with Mrs. Wilkinson about three years
| went on the Sunday of this occurrence to Mrs.
| Wllklnsons, at about quarter past O'Clock 1t
was between and 8 O'Clock when the quarrel took
place. was in the pantry when the alteration be-
tween Borows and the boy took place Burrows
came IN from the street when he attacked the boy
\
this will not be positive. | attended Mrs Wkin-
son III her confinement. saw the child. | disco
vered It's ribs were broken Such is my opinion.
am not surgeon, and may be mistaken.
/ In answer TO a question from the prisoners coun-
sci, the witness SAID, "you know!"
Counsel-"N No madam, know nothing"
Wltness-"I don't suppose you do!'
This was pronounced in pointed manner, and
caused laugh at the counsellors expense.
Cross examination resumed-There crowd
collected; Mrs: Wilkinson cried for help What
happened after this for some time ! cannot say.
had left the house seek assistance Mrs. Wilkinson
was carried to bed She lay about three hours upon
the settee She did not say am going TO die. After
her child was born she said" il survive | shall
never be the same woman. Burrows has been the
cause of my DEATH and his brother gave the finish
ng blow"
The marks upon Mrs. Wilkinson were upon her
| shoulder side and bosom.
| An argument here arose to whether the decara-
tions of Mrs. Wilkinson should be received. Prison
ers counsel contended that unless q patient were In
srtremis, and had the positive fear of death upon her.
her declarations coHld not be received by the lips OF
second person. After some discusslOn it was ruled
by the court that the declarations could not be re-
ceved.
DR.. Deffendorf examined.-I was called upon
10 attend Mrs. Wilkinson on Sunday night at about
II o'clock, in August last Mrs. Wilkinson was eyi-
IDENTIFY in premature labor the premonitory symp-
toms had then ceased, did not prescribe for her; in
the morning found an internal flooding going
on, and that the patient was sinking very fast: con-
1
son. of Broadway; the child AT this time dead; Dr.
Anderson employed the usual means excite labor;
and between the hours of Ii and IL o'clock, A. NJ,
Mrs. wilkinson was delivered of dead child; the
child did not examine; Mrs. Wilkinson was much
bruised, particularly under the right breast; whether
these bruises were caused by kicks cannot ssy
Prisoners counsel did not eross-examine the wit
ness.
| Euphemia Spencer, examined--I was not acquaint-
ed with Mrs. Wilkinson before this transactions lived
opposite TO Mrs Wilkinson in Division street; the first
knew OF this affair." was crowd in the street; ask
ed what was the matter; | went TO see; man
was standing In the doorway; he struck at Mrs Will
kinson; after this l saw Mrs. Wilkinson on tho set
tee; she appeared to be more o like dead than living
door crying for assistance
This witness not cross examined.
DR.. Rogers, exam'd.-I examined the body OF Mrs.
wilkinson. She died Of disease of the lungs, com
monty termed consumption. Bruises would cause a
seaso Of the lungs-labor would not necessarily pro-
ducc consumption. Injuries of the chest by blows
would cause il. l examined particularly the spot
Out ms me se"' ungs induced by
The injuries she is stated to have received.
Cross examined-Physicians cannot positively de.
,ermine disease of the lungs proceed from injury;
they can draw a very strong conclusion. There was
no appearance about the lungs of Mrs. Wilkinson to
L.duce supposton OF her being addicted TO liquor.
The case for the prosecution here clos sed.
MIR. Morrell then rose and made abstract displ y
of the facts he intended TO prove favor Of his client
He then called the following witnesses for the de.
fence.
Catherine Burrows, examined. This witnessmerely
testified 10 the prisoners good character.
Jefferson Brown, examined The testimony ofthis
witness went 10 show that Mrs. wilkinson was in
the habit OF getting grossly intoxicatcd-lhat hei
husband was in the habit Of violently beating her
that on occasion he knocked her of chair anc
then kicked her she lay upon the ground-anc
that the deceased then said TO her husband "you have
killed two wives, and want now to kill met"
On her cross examination, this witness stated she
was from the county of Kerry, Ireland-a catholic
and that she had been discharged by Mr. Wilkinson
in whose service she had lived for a fortnight fol
bringing liquor into the hoase.
She Is the wife Of the prisoners brother.
Eliza Corbye examined. / have come forwarc
voluntarily in this matter. consider the deceased tc
have been a very bad woman. / think il pity any
ons should be punished for hurting such tyrant.-
She was not fit 10 live
This precious piece Of evidence was corroborated b,
Mr.. Corbyc the husband Of the witness-who sale
the deceased was most abusive, troublesome, and
drunken woman"
Jacob Hays examined, TO show that the prs
surrendered without resistance when he was ar
, | rested
John Burrows, examined. Is brother 10 the prs
oner His brothers head was cut and bleeding from
the blow Mrs. Wilkinson gave him with the cream
Jug. He s,crely pushed her when she FELL
Cross examined. Mrs. Wilkinson fell from drunk
enness not from the blow. Mrs. Wilkinson and