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

1reAen OFT aud completely broke him down; and
ys@ aust believe that he brought himself 10 his
own end.
You have here declarations from MIR. Kinney's
ssPs which had they proceeded from her, would in
SvsRaiy have convicted her.
will say no more, for / have already passed the
tiDits had prescribed for myself II leave her TO
ye1--in the great hands of God she stands, and To
HIN. through you, she looks for her deliverance.
ne closed his argument at half past one o'clock,
eAving occupied three hours and thirty minutes
kn its delivery.
ihave above sent you buta very impartial sketch
of has most brilliant and weighty effort Ii was
t.eaeiy interesting, and less distinguished for To-
gao aud sound sense than oratory and pathos.
The Court adjourned at his close.
FRIDAY AFTERNOON.
The Court mes at clock, and this Attorney Gen
erai commenced his closing argument for the Go
ser@snt mAedatsly. He began with the hypo-
skess of Knney's death by she medicines admins
tered by Bat .lder through mal-practice, which
he deemed very obabe-that OF his death by SUI
scide as also improbable becau.e his iondness ior
dciakiag and gaming bu, occasionally INDUCED,
and then convivial casions only; he was in bet
ter than previously; called on phy
" hen sick and took their medic ines; told Barnes on
Saturday TO call and walk round the Common with
Aisa the next morning. and told Harriet Hosford that
BE going into the country. lie also attacked the
zestno ~ Of Fucker about kinneys suicidal proper"
stiles ride uled the solemn presentation OF the cane
to Mr. Leach; and the letter to Mrs Hitchcock, his
former betrothed, in 1885, ind eating any such in
sentieas. That Mrs. Kaney's own words, ''Georgc
~~eald not have done il -, settled this point. That
hrr equent remarks to Miss Hosford, ''you saw
xear uncle as he the other evening"" sac one
Can tell what suffered from him. &c. would tend
dsprove that degree ofaection hich the prison
er's counsel had contenaed had always existed be-
tween them. As to the motive, if she could perform
the dee at all, even with the strongest motive, she
raast be bad he irted woman, and upon such one,
Jealousy OF husband, rained pecuaiarily through
the indulgence of his own vices, confirmed drunk
ard incursble gamestor, and still worse, afflicted
with nest loathsome disease; one too which indi-
Gated conjugsl infdeity and ihe utter disregard
OF the most solemn Duptisl vows to the manifest
Gnlury, degredstion and danger OF herself to such
r. woman, jealousy If such husband (and
such they have attempted to prove Mr.. Kinney to
have been) and E ON such cause, would be suiii
sieat motive for the commission of any crime
When Mr. Austin reached the subject sfthe Thurs
day breakfast, he said, " Ii has pleased the counsel
the other side, pursue a course discourteous
IL is unkiad." The opening counsel for the GO
vernment went into this subject, and expressly
stated that il would be commented upon. When
dkat evidence was introduced, it could have been
proper TO object 10 il as irrelevant No such obec
tsoa made, and the evidence was put IN and IRE
xocxbie. But the junior counsel Tor the defence,
saw 1T 10 move the Court 10 require me auLsorita-
fsvsiy, to state why had introduced IL The Court
<zd they had power TO do so, and the gentleman,
hike young militia officer, who has put on his new
sniform, of pretty good cloth, butcsvered nth trap
pings-thius il worth his While totry his sword
skirmish with the offers of the government Tbs
a. Pardonable in a young making his meiden
speech. But confess that the solemnty of the &C.
czsjnn and respect for he Court alone, RESTRAIN
from using epithets which do not h%ioDg 10 the
cAsiSn, out winch would Justip~u
By the conduct of the counsel fcI the defence Cen
deusen, IL IN Christmas Dsy-a day held sacrei by
the Christian chureh-ap1 ~ Is seldom 'h.' 'ae
courts open thisSstivai
Bat | well rememp<r that thirty -four years ago |
chs day the court occupied with the trial of
case of great io,erest Che trial Of Selfrdge for the
aaurder Of Apfin) and well remember the cour- |
tesy and pol,teness, and kindness, then shown by |
<he ep-fnent counsel for the defence, towards |
nav Predecessor in this Office aud sorry TO say
Cat the gentleman who has acted as senior counsel
a N W lie he has
OF the ambition, and much OF the talent has not in
serited the courtesy, urbaniy and gentlemany
bearing Of hi, distinsHi. he'd father. He also re-
n1Arke upon the strange fact Of papers being |
60 and IN the house upon wh;chw marked poison,
OF the prisoners remark that, she pointed II as
ehe mnrderess at the fanera, and her request of DR.
iorer for certifc ste that her hus band had died of
oh oera, both showing consciousness of guilt lie
resipded the Jury, "that justice looked only at
cse individual, but at the whole community, ana he
was confident they would do their duty" Mr. Aus
tiR eoacuied at quarter of eight, having occupied
q We hours. His argument As sound
could be made wth-ut the least particle Of direct
estimcny To- support it.
The Chief Justice then said Hannah Kinney, |
have you any thing which yea wish to add to the
ssRrxs Of your counsel. IL you have, yoE have
opportunity to speak, though you not obliged
60, unless YOU choose"
After few minutes conversation with her. Mr..
Dexter replied for her that she desired TO speak,
sut feit sneqlll 10 the attempt.
Tde Chief Justice thea charged the Jury. ct is
aim est impossible 20 eXagserste the importance OF
this Ga the one haad, the security oi domestic
tde, the sanctuary wherein a man glrRers up his
r.rmest affection and dearest hopes is TO be pro-
teeted from violation by he very one in whose pow
er they are eOnfded; on the other haa1 female, in
the prime and Vgor oflife OF apparent intelligence,
nd sctabe character and Connections, is to be
protect d from the influence Of unfortunate suspicion
and untOwari coinsidences." After invocation
Of Divine aid and emil ghtenment he laid down, in
nrest acid manner the principles Of law applicable
20 murder and TO circumstaBtial evidence. This
il zoe o. creHmstahtial evidence wholly
tst- II is necessary that you should be satisfied
that the decease died by poison;
I'd. rhatthe defendant prepared and administered |
On poison.
with comments upen its force, and in
taat reelected the highest honor upon him in his in
difidaal a. well as Official relations, HIS charge
most impartial and lucid, and nc ceased at lea
snome ats after ten o'clock, having occupied two
pe1u aud twenty minutes. During It's delivery, |
Mrs. Kinney seemed greatly affected, and once par
italy tainted, bat was soon restored.
At quarter past ten the jury retired, and IN three
safnptes retained with a verdict Of NOT GUILTY.
attempt a description Of the sceae that essued,
would be useless, n not impossible The prisoner,
thsugh perfectly assured as she must have been.
Sh.t such would be the yerlict, must necessarily az
t1ct have been oppressed with melancholy fore
bsdiaes, and on now being assured that she was &C.
quilted by an impartial jury Of her country. and
ehSt she could return the world object II pity,
yet free from faint, her feelings may be better ina
gised than described. A tremendous burst of ap
phase, taa almost shO the very walls Ofthc build
sag. theagh Of granite. assured her, too, Of the |
world o0nf ieaee in her innoceaee. She va, in
ssutiy discharged, and left the court with her
srea3s, acc )npaniud BY the officer, when new ex-
cIteneat was added to the scene. An immense con
csurse lisee the passage from the privae staircase
% the street entrance, and she passed thro igh
the small space left her by the thousands eager 10
cesyratuate the unhappy sufferer upon her release;
cheer ol1wcd cheer in quick succession, and the
shssts ofthe multitude rang Oh the air reverbe
rated by thousand echoes in the huilding itself
have seen Presidential entrees, and pubic peliti
cal rejDieings, but aover before witnessed the
ora sion Of peoples sure conviction Of the nno-
" an unfortunate and lovely female. unius'ly
-ecused Of crime, at the very thought q which
hnrsn nature must revolt.
The trial IL over, and Mrs Kinney u once again
a Tree inh abtant Of the city, where she be. b..n