The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-11
CITY Intelligence.


CASE OF TOPPING THE MuRDERER'-The Commission ap-
pointed by to test the sanity OF Thomas Top
MIN, a, the time s r,urser;r his u;fe resumea IN s;,
pihs' at the uhe Vi uroeins hS WIFE, resumed its st-
ting at O'Clock yesterday afternoon The prisoner and
his Counsel Mr. Hart being present and but few
tators
cvo,ou wv M., po,,o 1r.,;co suorr yv;,,.s.
saw Tonnn~ on The afternoon Of the murder when hs
was bepr conveved N his cell Asked him whv he com
n;,,ad the dead ~ 90 crai ond horhsrone manner IT..
answered would be time enough to repv when he was
broup ht before the Court
BENJAMIN Evans sworn-Is minister OF the Protestant
FpiseopaI Church. Witness visited the prisoner in his
cell and considered him man incapabe of re.
eious instruction and SO expressed myself TO the Keen
cr he conversed Int little He told me he was confined
for murder hut nothing about IT, once AJAX red
him to repest the Lords PRAYER but he broke off in the
middle and asked me to tell him where he should SET up
work Al his trade when he got ont When smoke of the
rurder he said his vita was banpv and that he should he
happy too He seat for me after his conviction and on
visiting hin he told me thew were going to hang him
Never any thing in his conduct that indicated
that his apparent vacuity Of intellect was feigned con.
sidered him of weak mnd--in fact an idiot
JAMES E. HYDE late keeper of the City Prison. sworn
This witness stated that the prisoner was under his care
until the ID of July-that he acted very strangely and
that he of weak mind. Witness believed him at inter-
walls be incapable of judging between right and wrong
WILLIAM BRucE sworn-Witness considered prisoner
to be mbece in mind. He was once attached to a be-
nevoent society, of which also a member about
eight years since His conduct of that strange and
ncomprehensble character that the society dismissed
him. both on account of weakness of intellect and appa
rent want of knowledge end total Indifference as to what
was passing around him at the meeting
The testimony the case here closed and the commits
sioners intend transmitting the evidence taken before
them to the Governor forthwith in order enable him
decide the propriety of granting the application that
has been made to him to the sentence Of death
passed upon the prisoner to imprisonment in the State
Prison for life.
r.-.-. = p..,~, rorxrrprr,r Moxrv
,;. ~ -, r,wnd NV The nresent Grand Iurv
,ga;nst Ios,h Merritt for passing counterfeit bills of the
S - y d. &c Ms civ ana three against pstrcL
Vu W. en III, D"r as;nr The same notes
Ne,9 ioi ''so pe
MoRE OF JOHN smith, number Oh oiy soods deaers
visited the Tomo yeerasy 70 me eNpsit rogue
John smith VINO mas heeceu mem VI various arc les Oh
merchandise during the past Jew oh as stated IN the
Herald yesterday one OF the INFORMED MS that
afew days since ne came 'o DIS STORE ana examined sew
Graz pieces ana v, muslin anu men onu q, last
selected piece Oh muslin whch ne requested should be
sent to ms mousse the NUMBER anu street Oh winch ne
gave He also epqured the price OF piece Of excellent
linen but concuosd not 10 take J, az that tme The pro
petor OF the store nad ot peen rom the premises
over nye ,a ,s h h,a ~ iVnm anne
house and take me linen with him. permitted, and that
he should probably meet the store keeper on his route up
the street trt would certainly mud him at his house The
ladies' IN the store consented and Smith took OF the piece
OF linen and has not been seen since except in the Tombs
The dwelling given by HIM was found but no such iami-