New-York tribune., 1841-11-23
TRIAL OF MITCHELL.
cor,7oF sEssIoNs....THIRD DAY.

C0IR T OF SESSlONS---- Elm u Va
MONDAY, November p
Before the Recorder, Judges Lynch and Mean, ana AIS
A, N. op.oinr of the Court, David Graham, Esq jr
one of the for the accused stated 10 the Court
that since ths closing Of the evidence Saturday even
irg one or two facts had the knoSease OF prs
e.ers counsel material for defence and which roud
tend to establish one point already commented on as also
introduce reason and respectfully requested the C'ar
to perul, him Introduce these facts IN e'iden1e.
He farther stated that gentleman Of the bar "hom ne
had proposed 10 call Of the witnesses tof me de
fence was Obliged ss counsel xas Just informed 10 al
tend Tia i. Of Richmond Co. this ornng' ana
asked permission introduce ms testimony in ine course
of the day, whenever he should arrive Inc o'Ae' -"
nese, ne said Eas Judge Noah
The Di,,rc, Attorney opposed the Cor introduc
IN witness sready examined and who had been pres
cn I: the hearing hole testimony or to introduce
aly Other witnesses lie stated that all his witnesses had
been discharged doubted the Propre'y or esay
OF introducing testimony to prove any nev point
The Court however allowed ths motion for the admi'-
sion OF the evidence
Ju6ce Noah wss then recalled. 0E beirE asked II ne
had auy kro.lctge OF the insanity eff Mr. Mitchell ne
was proceeding to eta he had bad with
Thonss s underhl of the witnesses for the prose
cuuon when The District Attorney opposed the 70
the question: and the Court remarked that the better way
vas to send Tor Mr. Underhl and ne senfor accord
insy.
Thomas S UnderhH of the firm of Johu T. Smith 4
Co. being reca led and examined again 10y Mr. Ora
ham, deposet tia, hen Mr. Mitchell was IN his office 20
get his draft cashed loud and boisterous in his con-
ysrsaton bu; evinced other snguaries or strange
ness Of coudust He did not yak up and down the once
or state that 10 Member of Congress Witness did
not state to any that Mitchell acted strangely or that
4 ttua
does ecoect making any statement other than that
he gave in evidence The only statement witness said he
made to Major Noah concerning Mitchell was that wit
resss atteation drawn him by his load takiLs
Direef resmed.-Witness had some conversation with
MAJ Noah concerning MtcAe but never had any doubt
aboat prisoners .anity. or expressed any doubt
Msrdecci 81 Noah. Esq recalled by Mr. Graham, said,
called il Mr. Underhl'- office Cannot tell the Iime) 10
get some notes changed for specie when Nh Uuderhil
asked me when Mr.. Mtchels trial would come on. told
him could not tell Mr.. UnderhiIl then said should not
have been abb, identify him but for kis singular man
ner He SAID he was Member of Corgress, and talked
Of the services he had rendered the VIII. party IN
der. God Mr. Underhi 10 say that this after Mitchell
lad 60, mis- money and that he very loud and ;aka
tive Mr Undcrhill volunteered this statement to witness
The District Attorney then proposed 10 present the
drafts all ged forged the jury evidence TAs
was objected by Mr.. Graham of counsel for accused
asd Court sustaining the obec on the drafts we're not
permitted to he laid before them.
The testimony having thus been brought to a close
james a. Smith, Jr Esq OF counsel for accused thes
commenced an allie and eloquent summit up speech IN
behalf of the scd and continued peak until tie
hour of adjournment, having apoken Two aud hall hours
EVENING SESSION.
At the opening OF the Court at O'Clock, Mr D. Ora
ham, of counsel commenced very eloquent and able
unmi ng up speech behalf the accused and continued
speak With great energy for three hours doing ample
justice to the cause OF his client.
He followed BY the District Attorney who, in his
usual bold and materiy summed up tho law and
evidence of the case, AMI after speaking for nearly four
hours closed midnight, nrd the Court adj burned to C
o'clock Tuesday morning, when the Recorder will
scharge the jury.