Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-04-01
JAMES WOODS TRIAL.

been set aside having made up their minds to his
guilt. Tomorrow, the evidence Will be commen-
ced as presume, and then you snail De iuiiy III
formed of all, as IL progresses
MARCH 2t-i Nj.
As informed you yesterday, the jury impanne',
led for this court all called in this case, ana
but nine selected This morning the sheriff maae
returns to the special venire given him, that ne hau
summoned forty talesmen, who were present ~
court The clerk then proceeded to call 'heir names
and at about IL o clock tnll jury was iHp'hneie1'
One OF the Jurors then stated that he had been SUD
denly seized with indis position, when ne ieateu
would disqualify him from serving. lac couhsei ior
the defendant refused to consent 10 MS uischarSc,
when the court ordered him to return To tae ~ ON
nrovidea for the iury, and where the same remain
oy night: and also ordered that two physicians be
sent for 10 attend him The court then adjourned
to ) clock.
sueb. that the iury was ordered back until to NOR
row. when il Is supposed that the cause VIII pro-
coed.
MARCH 25-4 P. NJ.
The Jury appearing this morning, the Attorney
General Brooke opened the case at length. Alter
which,
Joseph Sevmore, wss sworn. (This is the colored
waiter that belonged to the house at the time the
daughter was killed. Twas in the employment OF
Wood on the 3Jth of September. AS iaf as nave
seen Wood has been correct; between nine ana zen,
on the Both, came to Wood's-did not see "o"a
when first went ia. saw colored servant SiIi,
Rachael Maady-Mr. Wood came down CUT OF the
store iato the kitchen-he asked me how came Ia
there-he asked me if was his friend or ms enemy
| told him was his friend-he SAID ne Dee' ca ihe
he asked this servant girl if she wanted to go home
TO see her mother; her name Is Eiizaocth VINO sal"
yes-he let her out, and In dong so, appeared very
weak. As he returned from the yara' nc aug"
first on one side OF the entry and then ON the other
Mrs Wood came down stairs and asked w ood what
made him keep drinking that nasty liquor-he toiu
her to keep has spirits up-Mrs w talked Oh having
him arrested because we thought he was ont OF his
mnd in about three minutes after we heard an alarm,
which sounded Ike pistol or gun shot we Tushed
up stairs in the third story, suPposng the sound 10
have come from that quarter. Woods two Oldest
sons entered the room first-hs youngest next,
and then myself; and Mrs. w God alter. saw TWO
pistols living the floor, as ! went IN the back
room, Miss w God was lying on her lace, as IL she
had fallen out OF the char she had Deen SUING
in and blood was running out of her head She did
not breathe ! saw; walked to the PARTITION door
and there | saw Wood; he was sauntering about
the room unconcerned; As soon he saw me, he
said :. | am the man who did the crime; take me
AWAY; i'm prison me- for am the man. then ran
down stairs, and went next door bnt three pelow,
for DR.. Rush; when returned, saw W ood Win
pistol in his hand smeilcd the scent OF liquor IN
the morning before ten o'clock; there was always
liquor in the house in the shop on a shelf s'il
live with Mrs. Wood have lived with her all
the time.
Cross .Examincd-Mrs. Wood and | positively
thought him out of his mind; during that time
heard him speak harsh to his daughter ] never
knew him to treat her harshly or coidly; as far as
l knew she was allowed TO do as she pleased
Daniel Filter, Esq, sheriff, sworn.-On the Both
of September saw Mr.. Woods front door open,
and ran across the road perceiving Others going in
l went up stairs, and found Mr.. Wood with pistol
IN his haad; he said % am the mani shot her.
found his daughter living on the floor. She was
breathing very short; examined her wound, and
found that the ball had entered at the corner OF her
right eve and come out AT the top OF her head. !
arrested Wood and pu; him in charge of one OF my
officers.
George Washington Barton, sworn.-On the Both
of September had been mp town. and on returning
saw great crowd around Mr.. Woods house. IN
quired the o the gathering, and upon iniorma-
tion deemed it my duty, being then connected with
the 20 enter the house In crossing the
street INST by Willis ii. Blaney, who said he
was in search of me; we bad considerable dshculty
to get the door, but upon MIR. BIS speaking was
opened from the inside. found Mrs Peak lying on
the door in the third story, Darkroom; there saw
who was told was Mr.. Peak, walking up and
down and wringing his hands; begged him To leave
the room, and after had repeatedly solicited him
he did 50. There eldsely female, (not Mrs.
W. DR. Rush. and some others in the room Prem
what could learn. | suppose j must have entered
the house from IL TO ID minutes after Mrs. Peak
ceived the injury. The door communicating with
the front room was open, and entered il and found
w. with all his clothes lying on the bed; several
officers, among whom was Levin III. Smith, were
standing at the bedside; told them not To leave
there, and keep strict watch. as was apprchensvo
that w might throw himself out Of one of the win
dows; w. kicking violently with his feet remain
ed in the house until w. taken to prison and his
daughter had died | directed several persons to
look for the bullet about the ROOM they did SO, but
without success.
When first entered w. was mutterag some thing
which did not understand but after lille he broke
out into explanations which were loud and dstinct
he exclaimed repeatedly; ais she dcad' "ls she
dcadl and II Justify the deed, shc'd better be in
her grave than live with ablacklcg-the villain, the
blacllleg,to steal away my daughter" He once said
"any father would do the same The phrase, II
justify the deed" he repeated more frequently than
the others; | requested some person 10 20 for the
Mayor and he came either after Mrs. Peaks death
or a short time before. In answers to questions
prior o. the MAYORS arrival they told me they did
not think that ". had taken poison. After a mo-
ment's conversation the Mayor went 10 the bedside,
shook him and spoke 10 him somewhat sharply w.
started opened bis eyes for the first time that had
seen and looked very wildly; the Mayer asked
him. a." do you know mel' lie said eyes" and
think, stated who the Mayor was the Mayor asked
him IL he knew what he had done; he said he had
shot his daughter. and inquired. Is she deadl' to
which tao Mayor replied Eyes"
Daring all this time he rolling his eye abouts
peculiarly wild, more so than j had ever seen be-
fore; we were al struck with the expression and
spoke of Il; he diatcd the pupl so much that they
were all white: the expression w peculiar that
1 once twice inclined 20 think that had been
mistaken IN mr. first conjecture, but he rcelcd and
staggered 50 much that my doubts were removed;
after this lapse of three four minutes the front
door was opened and he was told he must get in
the carriage; he refused, saying that he would
see his dasghter and he would not be taken from
her; upon the assurance thst he to be taken to
see his daughter in the carriage, he went but would
son got into the carriage with him, the door
closed and the carriage drove off.
Twas standing over the bedside when the Mayor
shook him ard he turned. his face came in con-
tact with mine before I could remove IL. and the
odor II liquor strong The Mayor asked him