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

Tar from MI ~ Of1 ctutretiouAfN, have been tn
the habit Of seeing Nr. Wood daily, almost lie
into my shop before the death oithe daughter.
with paper IN his hand and asked Peak u that
was a certificate 81 his marriage, Peak said 4
was; Wood appeared very much hurt and agltalcd.
aud walked back the other end 81 the store; Mr..
Peak told me 10 be calm, not to be excited, that Il
would all be right; Wood said that he would not
dirty his hands with him; called him several names
blacsleg, &c, and thea left the store; Peak was
foreman oi ms shop.
Thomas IA. Coles, sworn; I was On Birds store
when Wood came IN; he pulled a paper out 81 his
pocket and presented 20 Peak; asked Peak II that
copy cf the original marriage certificate; he
said IL was; Mr.. Wood then started back and look
ed very fierce az Peak; Peak told him 60 be calm (;
Wood told Peak act &C. be alarmed, that he would
not disgrace himself by laying hands on such black
leg, gambling beggar; Wood then retired from the
store This took place the forenoon of Friday
preceding the murder Of the daughter
Thomas Fenner sfIirms; my establishment was al
ia North Second It; was IN the gun making busi-
ness; about the 1T OF October Wood Ia our
store between and two o'clock and asked
if we had any pistols; told him ycsi took him 10
the in the in which we Kept an assortment
on those articles; he said be wished a good article
such could be relied upon, and : he not &C.
quanted he shod me TO make such choice lor him
selected two pair such as pleased him; he dcsired
that ten balls should be cast Tor each pistol and IL
retired from the store; told him that IL wonld "a
half an hour 20 overhaul the pistols ard cast the
balls; he returned In half an hour, told him that
he would have 20 be careful ofthc balls a. they
of different sizes. he having selected pistols ~ diff
ierent bore; he then requested mt % load them for
him as lie would like 20 try them before he used
them; while loading little difficulty occurred in
! fitting the balls he then asked nae 10 change them
TO give him pistols with both balls alike; this
was done; he also bought an ounce flask Of powder
had it filled; bill was made cut for them in the
name Of James Wood, which he gave, and be then
paid for them think this was on Saturday; did
not know Wood then; am satisfied that the priso-
ner in court is the same man loaded all four Of the
pistols for him.
Cross-cxamined-I had neither heard nor read
that Peak had married the daughter 81 Mr.. Wood
untl after Wood had left there the last time; knew
it before he had left the store with the pistols; an
ounce Of powder would have loaded each Of the
four pistols twenty five times each; including the
loads in the pistols, he took ten loads for each
pair.
Enoch Baker sworn--I live in Combs alley
and work for Geo. w. Pearson, No. 95 IL North
Second street; about five months ago saw Wood
on Saturday afternoons he going up Race street
had nothing in his hands; ! heard 81 Mr.. Woods
shooting his daughter; saw him on the Saturday be-
fore; followed him until he got down To Twelfth
street, near the Moyamensing prison; he went into
a small brick house; then turned round and came
home; was about square behind him; cannot
state whether the man who went into the house was
MIR Wood or not; IL the man | was sent To fol-
low; have seen Mr.. Wood in court; cannot say
whether that is the man not; IL looks like him
though; Richard Wellington directed me 20 follew
him; he lives at 62 Race street; am between IL
and l3 years Of age.
Charles j. Stewart, one Of the city constables,
sworn-I was sent 10 Woods house by the mayor
the day that he killed his daughter; she living
the floor and he in the front room on the bed
the mayor came in and asked him il he knew he had
shot his daughter; he said, eyes, and asked IL she
was dead.
The balance Of Stewards testimony was similar to
several others given repeated.
Several were then called who had been on the
stand before, but no new facts were elected.
The evidence for the prosecution here closed, aud
the case was opened for the defence by Peter A.
Brown, Esq.
Mr.. Browne opposed the case sn the part ofthe dc
fence. Mr.. b., in his opening, which was strong
and eloquent, stated that Wood pursued by
very strong prejudice and warned the jury against
il; nc stated that Wood was man dotingsy fond Of
bis daughter, and for some reason not yet fully de-
scribed To the jury. took away her HE; he also
stated that even all those official dictionaries
who had bcca examined, 9cw 20 the ROOM not O. con-
sole him 60 soothc his perturbed spirit, bu, To put
questions To- him; and that even these kind, humane
and amable gentlemen had bccn carried away By
prejudice. lie next commented upon newspaper
publications. 4" do not" said Mr.. Browne. "blsme
the editors Of these papers, but the morbid appc-
tite Of the public-the public mind is poisoned, and
the IL convicted BY the press without trial.
lie also r, al paragraph from " Rays Medical Ju-
rsprudcncc," giving The legal definition 81 lunacy
and insanity. Ths insanity OF the defendant viii
undoubtedly be the great and chief buiwark ~ the
defence His remarks were chiefly ON the subject
Of sanity interpreted with quotations from ncdi-
cal jur.prudence. and from several other works
In ms speech he adverted TO number Of eases a.
case which occurred in 1909, in which a man
fired the King from the second bench IN the pat Of
the theatre, and acquitted the ground Of par
tial insanity; and. ALSO that Of an uinerant book
seller, who conceived idea that he must destroy
the cathedral al York; he accordingly communica-
ted the matter to his wife. who became much trou-
bled, and endoavored 90 dssuade him from his pur-
pose Her cntrcaties made him wavcr IN his pur-
pose bat. az the same time, he conceived that be
heard voice which said, GO on. what thou doest,
thou doest we'll" aud accordingly he committed the
deed. This case was also tried by an English Jury,
who also acquitted him the ground Of partial w.
sanity. Mr. Browne then advertcd to the princiRlc
on which man j. charged with any ohense-ie BE
must be free agent, both IN his body and IN his
mind-and made very forcible explanatory remarks
in regard to IT, lie then spoke ol the bill 81 ndict
meni against the prisoner, (Nood,) in which he y
referred TO a. a man Of sound memory and discrc-
tion, AMI asserted. according IS blackstone, that
man possessed of these qualities must be capable ~
discernment. and that before the Commonwealth
could ask the Jury 10 find verdict OF conviction
she must satisfy them that the prisoner was man ~
sound mind. and capable Of dscernment between
good AID evil
MARcu I'll p. NJ.
THIS case has not progressed any, so far ~ evi-
dencc is concerned. since Yesterday morning Pc
ter A. Brown. ESQ concluded his opening this NOR
ming at " o'clock and but one witness was sworn,
whose evidence not material