Morning herald., 1839-09-18

SEPT line People VS.. Barney COrse-Mr Tor.
dan said that he understood that the Court had put of
the trial ef these cases. owing to some private
ments Of his and therefore he had with the view Of
facilitating the trial. retired from the altogether
Mr.. Darg was now in town and xol,s to settle tha
matter and get his money which was in the custody
Of the Public Prosecutors.
The Recorder said that the chief difficulty was
the discharge oil the Jury and to get another Judge
to preside a the next trial He had spoken TO judge
Ingraham who had offered to try the case next term
II Mr.. Darg could not wait until then,sw his ties.
timony would be taken de bene ese ana the Court
would make am order TO that effect.
In the ease of w H. Sparks--J. W. Shaler briefly
opened the case for the discharge of the rule of the
Court. The learned gentleman said thai he .honId
show that at the time OF the transaction comp.ined
OF by Twitzell, Mr.. Sparks was non coxpos menfis
DR.. Anderson, Jr deposed that he was the medical
attendant OF w H. Sparks during an attack Of bill
ious fever in the latter part Of April or the Begin
| ming OF May The illness of Sparks continued for,
six or eight weeks, and left his mind nauch impaired
as well az prostrated the ply sical powers of his
body. Witness considered it very common occur
renee, but not necessary cons equence Of such fe-
vers After his recovery the witness observed that
he told strange stories, and occasion Spsrks
told witness that some gentleman in the CITY Mad
given him $4,000 because he had saved his son from
some danger Sometime after this, witness was AZ
the Police Office, when Sparks passed him without
speaking; witness thought il very singular AZ he
had known Sparks and attended his family for rs or
l6 years.
Doctor Nelson exanained-witness has attsnded
Sparks, as consulting physician during his last i'll
ness, when he observed that Sparks mental facri-
ties had been impaired II is very commaa occur
renee after such attacks.
j. NJ Boodgood examined--ImmcdiatsIv after
Sparks recovered from his Illness refus I'D 10 give
him any duty to perform, for thought him incapa-
BILE, bodily and mentally. l recommended him to 90
10 the country, and stay a month. He went away,
but returned In five or six days. still considered
his raind very weak, when he bae x and do so
now, and should say he is unfit for duty He is not
the man once knew.
BY the Rscorder-He would ask the same aues>
ton ovf and over again, lac and asked il he had
done things that had been settled, and passed for
two or three days.
more than Justice Bloodgood has said. Sparks in
notshe man he once was. He is perfectly honest,
but do notdeem him right in his mind
Recorder-What act of his has induced Won 10
|think he was not qaite right in his mind
"A. Witness.-Why he would put trnng questions:
bat cannot give any particular instance Of this
Sparks after his illness, / thought he seemed mach
altered in his mind He asked me what the officers
had been about and said that f he haa been out for
tns p last Two days ne would have made 3 1000.
Kecorder-Did he say what ogicerf
Witness-Yes, Homan. About the time of the
occurrence with Twitzeli, saw him sitting with his
hana up 70 ms head, and on asking him what the
matter, why he said "his head was ont Of ordcrn
! asked him why he did not 90 i'm the country when
ne replied he" could not afford it, for he had mot dol
lar IN the World This knew to be all stuff
By the kecorder-Heman and Sparks mad been in
the habit OF acting as partners together No busi-
ness mad been going on so that any officer could have
made SI0OO.
I Ihc three justices were all recalled and gave
sparks the highest character for honesty and good
conduct, since their first acquaintance with him.
Iioman examined-When Sparks returned to the
Office, after his sickness he spoke to about busi-
ness--said he sorry that he was sick-for il ne
had been out he could have made $1,000. lie did not
say how he would have made it-nor did ask
him.
Witness remembers the time when Sparks went
after Twitzell's money. itness refused TO ac-
company him--he thought his mind was not re
stored md that he was unfit 20 be abroad In such
hot ~ Sparks said he must go and de some
napp examined-Witness was present
at 5nvcrsaton which took place between
Twie~ Ind Sparks. The latter said he had got some
Texas money and about S35 ol good money fross
some one. Twtzel asked how much he was in
Sparkss debt but the latter hestated and after some
time he said be supposed his work was worth $40.
They went out together, and Twitzell said he would
call again for the money
Testimony.
Mr.: Hoffman then addressed the court in favor Of
Mr.. Sparks.
The Recorder said that the court would take time
to consider Of this matter.
Grim Con.-ln the matter Of Arlia and Garland,