Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-28

<AN\
with his brother at the fremont House, to buy the
marketing.
Cross-eramined i was in the back, and they in
the front shop, when this oonvers alton occurred
sb ut the trunk; tnerc was thin partition with
door between the two shops-he door was then
0pen on account of the heat; il was in April, and
we nad fire for work; | doing nothing
out looking in and watching their conversation;
saw Tucker take roll of bills from his vest
pocket, as il about to pay for the trunk, and
put them back again without paying; they appeared
very pleasant together. Have known Mr.. Kinney
stay out late at nights, but don't know where he
went; have known him to leave the shop during
business hours; he used to go to suppers; and have
heard him SIP sak being out at play; have been with
him at engine suppers, and seen him play at cards
for money; have seen him when he was the worse
for liquor; saw him about month before his
death; he he'd more business to do, and appeared
more attentive To il the two or three months be-
fore his death than previously; never had any un-
pleas ant difficulty with Mr.. Tucker.
f.. W. Tucker recalled by Mr.. Curtis-I asked
Mr.. Kinney if could have trunk he said stake il
and consider it yours did not speak him about
ii me, had none ercept tohat IN my icaHet, (d-
rectly tradictng M. Barnes; am positively sure
that the door an the pan fitioR iras closed-and we
convsrsed very low; considered Mr.. Kinney was in
my debt, aud that every thing in the shop belonged
to me.
Cross eramined-Mr. Kinney did not know,
when weut away, my intentions of going; took
the trunk because | wanted il, and thought had
right 10 il; did not consider it a present
At this point, IL O'clock, Mr.. Parker said the
government had more testimony to offer, and the
Court were ready for the closing argument for the
defence. Mr.. CARTS requested delay that he might
introduce another witness, Mr.. Moore, for whom
he had sent subpoena, to Northampton, and whose
testimony he believed TO be important.
Mr. Dexter also hoped that the Court would not
require him to commence his argument this even
ing, he felt he coald by do the JUS
tice without opportunity Of carefully reviewing
the testimony, and begged their Honors to adjourn
the Court till tomorrow morning, when he trusted
he should be abs TO present his appeal to the Jury
in an hour and halls time
Their Honors, with that high misdcd fairness,
and justness that has, am proud 20 say, character
Ised their ecisons, throughout this whole trial,
well as during the recent Important one at Salem,
readily acceded 20 Mr.. Dexter's wishes, and the
Court stands adjourEed.
Oae OF the witnesses in this case for the Govern
mcnt, Miss Collins, whose testimony sent you
yesterday, deserves more than passing notice, for
her rare beauty and apparent personal accomplish
merits She is a beautiful creature Of, / shosla
jsd-e, about twenty summers, possessing form
that would defy the power even OF a connosseur in
such matters, to decide which most to admire, IFS
grace or symmstry-she is rather abo We the medium
stature without having the least sign Of that usual
I attendant upon height, awkwsrdness-the contour
Of her face is decidedly handsome, denoting the
possession of sterling good sense, and richly stor-
ed mind-her eyes are jet black, finely contrasting
| wi the snowy whiteness of her skin and complex
ion, while tiuny foot or pretty hand, occasion
ally peeps out from those obi us companions Of such
rare qualities, long skirt and a fur muh. Her at
tire is rich, yet not gaudy-t how do hate that cx-
preston y her hat, rich crimson velvet cottage,
ornamented with flowers and black acc,-a founccd
silk dress, while a superb opera or short cloak
displays her fue form to most excellent ad vantage
may here, psrhaps, also mention, what have hi
therte from manifest causes, omitted to speak OF,
the unfortunate prisoners appearance: On the
day o. her arraignment. she appeared perfectly
calm and composed while the jury being
psnelled, which done, she burst into tears and coh-
tinucd 20 weep at intervals throughout the learned
county attorneys eloquent and affecting opening Of
the case for the prosecution. At his close, she
again tecsme composed and listened TO every word
OF the testimony, her fine. sparkling eve (Which,
though somewhat dimmed by a long aad severe con.
fnement still retains sufficient Of its former viger
and lR.trc 10 impress the beholder with admiration
well OF its own beauty as Of the brilliant mental
faculties clearly indicated, as possessed by its
wearer) fixed full and clear upon the witness,
with that dignifed attention and unassuming modes.
ty, which to intelligent observer acquainted
with the world would, Of itself attest her innocence
Her attire has been the same during the trial-a
plain black dress, with bonnet Of the color,
VEIL and cloak; her hair is parted at the extreme
left side OF her forehead, leaving small curl only
upon il. She betrayed no sign Of emotion while the
government witnesses testified. but when Mr. Cur
It's made his opening appeal in her behalf the food
gates Of her feelings were indeed opened, and tie
waters gushed out She wept bitterly, scarcely
ceasing while he spoke, but resumed her wonted de-
u
shor', sir, by her modest yet dienifed conduct
alone, during the trial, she ha. changed the III.
founded q inIoa OF many a looker-on, who had
thought her guilty Of the charge af ainst her For
myself, | avn proud to say that from the first be-
ieved her innocent, though knew not particle Of
the testimony in her defence, and must acknow.
ledge that, in my opinion, the government have not
proved single fact in this case, which, in the
least, duplicates the prisoner in this transaction I
trust that the jury will aclut her without leaving
their seats, and the public make up n handsome
purse for her. as some slight though trifing remu
neration for the manifest unjust prosecutions heaped
upon her I have sent you the testimony for and
against her, verbatim, and If you detect in IL
fact, in the least corroboraiirg her guilt, yopr organ
Of penetration must be far larger than mine. She
will, however, come OF in flying colors, acquitted
by one Of the most intelligent juries ever saw col
lected together, and her name should be free from
stain IL is remarkable fact that every officer Of
justice who has been required by his duties to hold
converse with her, Is fully convinced Of her inno-
cencc. Officers are good judges in such ca'es Mr..
Dexter will address the Jury to morrow morning.
and the Attorney General will follow for the GO.
vernment, which will probably take the morning
session. The Chief Jsstice will deliver his charge
IN the afternoon, and a verdict may be expected
during the evcniHg session. of which You will be ap-
prised per Saturdays mail BY the bye, no steam
boat mail has been received here from New York
to-day. Mr.. Grinncl is Go lie in this city on the
10th inst to prosecste his complaint against the
a libel ofwhch they stsnd indicted in the Mupiei.
pal Court.
FRipAv MoRNtSo
The Court came in at . IA o'clock, and Mr. Curtis
called
Chories e. Mercer, soorn--Reside al Northarop-
ton deaf IN stoves; was formerly sadler and knew
I've late NJ, Kinney, when he was free, in is22 at