Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-03-16

fuses hls fatal poison TO ms moral cohstitution
and makes him ready for deeds OF blood
Is il possible, then, to suppose, that man OF such
an imbecile and harmless character, without any
possible apparent inducements as II moved by all the
enginery OF hell, could inlct twelve violent blows
after the other, upon the body of has snless
and unotiending wife, whom he had so eitcn pressed
TO his bosom, and them cooly withdraw the devilish
instrument from her heart, dripping with ITS gore,
return it TO its hilt and then with her blood STAINS
fresh upon his hand, go forth into the streets ana
market places to encounter the eyes of innocent ana
honest meul Could the husband do this to the part
ner of his bosomg Could the father do this to the
mother of his childrenl 1t seemed TO him there was
not evidence sufcient to warrant such an uhreason
able conclusion, and that all the
the probability. Mr.. Morrison then commented
upon the danger of convicting on ercumstantiai
evidence. He admitted that there were cases where
chain of strong and undenable circumstances were
so dovetaed and interwoorn together thai they
sometimes warranted a conviction on these alone
but that those circumstances were rare, and al all
times dangerous TO rely upon; that the DOCKS
were full of cases where innocent persons had
been convicted upon such evidence, and men
toned among others the murder OF Coivin In the
State of Vermont, few years since. An old woman
had dreamed three successive nights, that Colvin
who had been seriously missing for several years
murdered by the brothers Boon; that the bones OF
the deceased would be found under the floor of an
old house, and that on examination some old bones
with penknife, &C.. were found there, and his toe
nails, they supposed, in the hollow of stump IN
the field where he was last which with other CIR
cumstances led to the arrest, trial and conviction OF
tne DOOnS, one OIL WnOn was ny tHe h"Pe VI
pardon, to make a written acknowledgment oil the
murder, in presence of clergyman, with time, place
and circumst ces, and that they were only saved
from scafald death, by the accidental and timely
discovery, that the murdered man was yet alive lie
cited also the of liord who was executed AT
Oxford for the murder of MIR. Hays, he having been
found standing over the murdered man WIN a oark
lantern in his hand, and bloody knife lying near
him 1t afterwards appeared that the murderd
was committed by ascrvant of the deceased athouSh
Bradford tctnt there to 10 the deed himseJ Several
r,nAa nd r. m
upon 10 the iury TO whom he urged the great danger
Of RELYING Circumstances alone to convict esPe,
cially in capital and insisted that they should
in no case csnvct unless they found II morally I'M
posssible that the act could be committed by any
other hand than that of the prisoner
The Counsel here went into detailed examina-
ton and scuss sion of the evidence on the part OF the
prosecution, endeavoring to reconcile IT with the
innocence fthe prisoner, and to show by the evi-
dence and opinions of the physicians that the de-
ceased might have been her own destroyer; and
stated stances where suicides had cOntived their
death in the most whimsical and unusual manner-as
If for the purpose of creating belief that they had
been murdered
member that the life of fellow citizen hung tremb
bling upon their decison-that they were not only
his triers and his peers, but they were also ms
iudges and his eXecutioners, as the Court had no
confrol over their decsion-but to fix the day and
hour of execution, and that the ofhcer had only 10
arrange the fatal scenery and spring the drop OF the
scafTod which might be erected upon their verdict
That if thew should be embarrassed with difficult
ties in regard the law which shoud govern them,
that they could safely take counsel OF their own bo-
sons as the laws of men were but the injunction
of mortality fuctuating upon the changeiui bliiows
of human opinion, but what their own honest hearts
prompted was the echo Of voice from heaven with
in them. =, +, 4,
II now only remained for him to thank the JURY
for their patient attention. and to resign his client
10 their keeping, in the confident trust that they
would deal with him in that justice which is tinged
and tempered with mercy and speedily send him a
safe deliyerance from ''these bonds"
The foregoing is, of course, but meagre and I'm
ner(ect outline of the able and eloquent speech OF
Mr. Morrison of whom it is no faint praise TO say
that Judge Edwards pronounced it the most power
full argument he had ever listened to IN criminal
trial.