New-York daily tribune., 1842-11-14

on the OF Broadway and Chanoes-sItet no ohe
being then present IL was rendered quite ceftaM II
ftat the meeting OF the parties on that ocea'op was
neither precoucered by them nor anticipated oy .ae &C
for 30 dreadful deed, and that until thai time me pafus
had maintained ancabie relations. and the accused had
manifesto no malice nor even unhInuness soS
cease The circumstances bore strongly IN iaso oi the
accuset But the contrary, the deceased was meek
and nofensive He unarmed and had visited ue
nrispner although under excitement yet without any
hostile PURPOSE when the remains OF the deceased weE
fouad the head fractured, with i've and prooapy more
wounds no longer retained the human era- There was
fracture large enough 10 admit The finger OF he snlgfo
through the Skull into the brain above and pen 'I es
enr piece OF the skull had been cut out on lne ABOVE
the ear and little The right of line drawn frun the op
of the head towards the spine. gain there was fracture
ever the right ear These vouns manitesty The re-
suItof blows inflicted with the edge OF hatcet IN iFon'
ars of the commencing FAR above the lett eye reach
no into the hair extending acros wo-thr OF the spase
from and descending on the right SIDE 30 Is %
include the eye large portion of the cheek were
in and pressed deeply on the BRAIN This fracture
was rsade by several blows with the hammer enc oi uie
sne insrunent The hachet which was one the usual
G- and in weight exceeded was found
ia The apartment and Identified as belong ing 10 the accused
Ecb I NJ the wDusds woud have been mortal, and which
ryer of them first indicted, have Instantly de-
prved the deceased OF consciousness and OF all power Oh
resistance.s
esssary for elideience IL committed with deadly
wea pon in cruel and nhuman manner upon deiencs-
less poweress Reason and law agree that the homi'
eide could not been innocent ustiable or sXcusabe
society could exist human life could be destroyed
in such nanLer with lmpunlty II was then ieonoes
homicide and the jury had only 10 ascertain the degree OF
crime which had been perpeuatcd By presumption OIL
crime was murder and remained for the mansiayer 10
show that the deed would bear mder designation Inc
accused could show this only by proving that Adams was
neperating or attempting perprrate crime or nse-
meano that the accused did not design TO effect Geat
or that the wounds given 10 aid ADAMS IN committing
se-nurder that they were inflicted without aess 10
effect DEATH heat OF passion, IN an attempt 10 resist
murder selfdeience against some great personal INJURY
OF which the accused was IN imminent oanSer NO suc
nroot was given chercd But other human eye
witnessed the deed nor human ear heard any lhns nqt
confused sound heavy fall the jury required 10
suppose possible that Adams bad assaed the accused ana
the cre commit ed in seltdeence Even this could
have been assumed must also lave oeen no. eny
that there and aray but that the accused
was imminent danger ana in the heatot passion suddenly
excited intense, uncomfortable and allowing no nse lor
reflection and that he did not design 10 proouce death ana
was unconscious that such consequence might follow MS
violence. But Adams unarmed. H had never been
known 10 menace the asai any other person.
In strength Adams most did not excel The accused II
there was an ARRAY there would probably have been an
outcry by one of parties unless the first blow terminated
the strife by rendering OF them speechess as wen as e
fenceless the accused had been Imminent danger he
could probably have shown unds marks OF an assault
But he exhibited On the contrary he carefully COR
ceaad small and unimperau III ooralion of the skin
cdenta disceveredby Caroline NJ Hensaw on his neck on
the morning after the deed was committed AND sven ah
aray had been proved could be supposed tal e pas
sion of The time ate nor his nnd uc
10 relent wn the first blow had relieved HIM from ie as
saan each subsequent blow Tell upon an UNCONSCIOUS
Murder is defined n law be, first, the killing OF per
SON l,o under the peculiar circumstances which render
homicide excusabe ustiahel from premedltated de-
sign 10 effect the death of the killed or OF any nu
man being 3D. The killing OF mot under the same
circumstances before menloncd by any act mHnently
dangerous 10 others and eyncng depaved mind, regard
iess of hnman he although without any premedllaed de-
sign 10 effect death OF particular Individual II has
been that this presents none OF these crcuah
ces which render homicide jusuhaele or e1cusaoie-
Even if the accused did not design death, the ACT
| he perperaled iRmiBently dangerous, ana me
repeated blows inflicted in so inhuman manner cer.Sny
eylpced depraved mind, regardless OF human iie What
ever the degree OF crime was coiSpete ~hen he
was e1tngushed could not be changed by the subse
ouen conduct the accused Yet his subsequent conduct
legitimaely opened TO the jury Tor the lgnt might
reflect the deed he had contaminated The house was
| g III, Ihf h1spt
room OF the accused separated only by thin oldns
doors from occupiee apartment and looked out on he
corner OF Even without leaving the presence
of The dying dead man the accused could have instantly
| summoned multitude.
ing acknowledgement he closed the only aper
through which he might be observed stripped the de
,he clothing by which the person might be lden
tfed and without aid, and almost with superhuman etiort
wrappe4 canvass the body; contracted with rope,
and deposited in box three and half fee IN lengtB
aud Standing upon the proudng knees pressed them down
by disocatAg the limbs, until the box could be closed
After this done and night had come the accused wn
hands unaccuomed such labor, washed The floor ami
carefully stained with oil and ink and tobacco 10 conceal
the blood which had been she'd He handsomely cast me
clothing articles OF property found on The person tie
deceased except his watch into nk repaired 70 bal
ing house and washed the stains from his own Dress ana
then retired his lodgings Early the next morning, be-
fore the usual hour for going abroad, he returned 70 e
apartment and resumed his efforts 10 remove me evidences
OF the fatal transaction. He carefully fastened the box,
labelled ii with the address OF imaginary person IN ST.
Louis to the care o. magnary persons III n
be conveyed the ship which was expected 10 depart
and delivered IL TO tAe
took receipt for ii for parcel OF merchandise lie
had many associates ia The cy brother ana mistress
who seems to have been every way worthy o us aee
and confidence and whom ne says he intended soon 10 az
NIT the rights WIFE To of these persons did
he reveal what had happened or what he had done ON
contrary upon reflections as he says he avoided
his brother Took counsel only with himself.
He gave Caroline NJ. Hensaw false explanation OF the
reasons of his late the night succeeding the crime
and Of his early absence the morning To the per
occupied the adoinng rooms he at rS denied and
Cited Suspicion aud day alter day white friends
deceased and his leow.ciizens engaged IN anxious
inquiries concerning his fate, the accused visited The place
where The deceased business
ked his mysterious absence like sympathsng
friend suggests mode OF proceeding in every
exieency but not The mode in exoencies entirely
dmar those OF guilt OF murder and consciousness OF
having committed other forms io homicide. Gullt seeks
conceament misfortune sympathy, innocence vindca
ton II The homicide had not been ieonlous the first I'M
pulse of the accused when discovered the fatal
uences his violence, would have been 10 invoke aid 10
@ II be blood Which had been spilled did not accuse the
prisoner he would have endeavored 10 remove the
s.ans left. Ii Adams fell by the hand OF the accused
passion friends OF the unfortunate would not have
been denied the melancholy privilege OF giving his remains
becoming burial. Much!ess would the accused have mu
,ated these remains ad disposed OF them in manner The
very OF which produces revolt OF all the sypa
ties of the human But urged that conscious
ness The OF manslaugher and lear OF us punish
meat would induce coIcealmeut
records of crime present scarcely authentic case where
person guilty CT only mapslaugher has tie body
and increased his peril by any OF the acts which
The conscious murderer Manaugblsr although for rea-
sons of conservative policy declared be felony and pun
ished spci regarded by the offender as wen as by So
cely as misfortune rather than crime or at most as
crime mingled Ysith misfortune He who has committed II,
If he possess The tenderness OF or naurs depoes
he ,nry he has dome conscience vncafs HIN against
accusa ions OF higher crime Society exacts hs punish
ment with reluctance and, now outstanding te la" aa
;ndUes him son he suffers isnomny imprisonment
seems 10 him an nconsderabe punishment compared with
the extreme penalty OF humnn laws and his suodued anc
hIoken spirit almost willing endure II 10 Solace the re-
he feels for having without design deprived trl
low man OF life. Ii impossible TO suppose that an ~.
Iy;dna puily OF only such crime and exposed TO only