New-York tribune., 1841-11-24
TRIAL OF MITCHELL.
COURT OF sEss1oNs....FoURTH DAY

COURT OF SESSIONS---.FOukIH "a
TuE,o.Y November q
s..,, -. Eoco,5er Judges Lvuch and Noah, and Aid
Leonard and Hatfield
TIA Argument. OF counsel in ;his case havirg ;sTm-
,,ad ~ O'Clock NJ Monday night with the summing up
o.scb of he District Attorney. a; the opening OF H.
Court mi. rnorusg His Hoaer the Recorder charged the
l.w and f4cs OF The case He rem arsed tina
b extrsueou. matter had been Introduced By counsel
f which he should sndeavor 10 dires l. and To conhne II
an rely 10 the NAKED facts OF the case as gwen IN e''
+enc. The 4 st business OF the jury, HIS Honor said
n i,ovire whether the instrument on hich the To-
,;,,,, VA. founded vas forged instrument and sec
80 70 vas il passed or forged by the prisoner at Inc
To .rahle the jcry pass on TINS SUBJECT uhae
,dioeIv HIS Homer Their viewed and examined the 'e
,mouy of Messr. UnderIiii, Reed ana Lane ~ ~ p
s 5so,i,v sud his passing forged drafts tbs ties
tiu,opv of icer BOWER to prrone arrest auu pun
ported confessions srd the narraiSe or oiafE
from the oicsr which tue prisoner stated MS
sion of for,eries though the identical cte on ae
he WAS tried His Honor next adverted to tue
20 bow tina, the endorsements 10 the drafts as also TIE
i;ro nm WIRE in the hand -xrtng of ths accused ana
loft with the iurv to determine whether the identity OF
he accused and the proofs of his handwriting were sum
cienty clear and conclusive to warrant con'co" VI Vac
prisoners guilt After recurring 10 aud commens uPo"
h evidence for the prosecution and app yios It 20 'he
case His Honor turned - thst Tor the deienee' sna ~
:, the arguments advanced, show, hst want oil sun
ci. eyiderce OF identity of the prisoner and sesondy'
#, that identity sufficiently established hat inc Ae
cuse. was aborins under such aberra'ou Of Dnd a.
N reader him u,able for his conduct HIS Honor
,ben roceded 10 state and upon the testimony
IS REGARDED the ability knon and the knowledge to de-
eide uyon bat charged being the prisoner hAh"
writing and stated th-t the judgement OF the signature 0
marty must he founded on knonlge of the haid wit
inr Of the party acqu rcd By familiarity win H. Inc
negative and affirmative testimony as to the ss"a'u'
the traits and their filing us with the strong DOUBTS e1
pressed Ay those knew his handwriting BEST was
then fully detailed the Jury who were TO de6uee thee
from the fact as whether the prisoner die forge tne
draft or whether he uttered knowing 10 be forged
The next eyderce for defence, that relating 10 prs
insanity was next advered His Honor stating ihat the
III bccli;y of mind contepded for IN the accused must De
fully aud satisfactorily established II the pr'soaer was
"a destitute intellect 10 d able TO conre MS OWE
actions he is accountable for his conduct so oil par
,al insanity or lusacy coming suddenly upon the R'n
or assaling periodically and disSnabng the person 10
&c, undestandirgy the absence OF accountability Is tne
same The question for the jury TO determine was
whether the prisoner in such state OF INSANITY as o
be inc lpsble Of distinguishing between r'ght and "foue
ga, the mind such situation as to enable MN 10 coh
coct and form plans and II competent to Judge oi TIE
con. equcnces of These plans
His Honor then remarked upon the fHnd aud INC A"'
said
He also spoke of the motive might be supposed to
I'd to the prisoners insanity and for the jury TO Inquire
.er the motive WV the sonrecelpt OF 81 u from m
Weed was suFicieat produce insanity IN 'he
ori.oner and If hc Jury believed him unconscious oil
shat he di he was aRsTsr-bo 10 the laws Tor MS
conduct His Honor then reversed the testimony oil the
mother and OF the accused, IA also OF Mr. Mayor
Mr. Coleman Mr.. Underh, &c, from the whole OF WHICH
the ury rht be sbs TO arrive correct conclusion as
.bt. ba tlfp
the acts he had committed. The testimony OF MIR Bow
YER with the contra of part by the witnesses
and tho susteuon his for seracty by hIsh
respectable witnesses stated and animadverted upon
for and against him. After statement on tine eViiehee
If sanity (often eyinccd by persons positively nsane III
their lucid interval, such degree as TO deceive th-
most discerning aud after some appropriate remarks TO
ALLOW proper be made in rea lou to coz
s.son BY persons situated the prisoner was, and under
urc.s in the custody of officer, and after charging
hat every reasonable doubt the jury gat entertain III
relation guilt of the accused WIS the property OF
the prisoner His Honor Left The in the hands OF the
a,y who retired their chsmb few minutes past
,clock and after absouce of two hours anc quarter
returned into with verdict Of Guilty, one oil the
Jurors recommending the prisoner u mercy hr Irahan
hen gave notice hi intention to up the case ON
1 OF exceptions aud the Court granted him until the hfs
lay of the next term prepare them
z>7--
II A NEw THtNC.-SnNINc Fields Anodyne SHAY
nE Cream hch took nr fret prem'u ut TN: late air
sill he f,rnd like nothing invented, Tor tho 80
who prefer n real luxury he barb nOu buchery oil oau
bad aud bad shaving Many attclos have been
atey tried but viii compare th tins 1t iuces
uxuriint her the face almost Instantaneossy ahS
/, a perlae unsurpassed !. is Confident asser ed ths
nothiGg cau give sa,sinci and comfor 10 those VINO
have themselves those who arc shaved by others
hat this cream will Il ma, tried by great num0e'
Of gentlemen, who declare in entirely unequaled The
rade will bs supplied by Con.tock & Co., wholesale