The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-06
BY THE SOUTHERN MAIL.
BY SPECIAL EXPRESS.
From Woodbury., New Jersey.
TRIAL OF SINGLE rON MERCER.

also the summing up OF MI carpenter, Tic Dls'iCt
Attorney, the part of the prosecution, and apor-
ion OF the argument of Ex- Governor Vroom for the
defence.
TUESDAY, o'clock Pm.
JANIS c. VANpYKE continued.-The witness testified
o the behavior OF the witness at Cokesnothng in es
he body where the body he sat with his face
urned rather from the body his face had good deal OF
color in IT, and this was the only pecIasy observed
ed very exhausted, and weak; thought he was very
weak he said he had ate nothing for some thrtysix
hours Mr. Vandyke here explained the circumstance OF
Mr. Heberons calling at his office for umbrella with
young lady, related by Miss Sarah Mercer He said
that Mr. Heberton had left an umbrella his office, and
as raned very hard the evening alluded to- Mr. He
beron called there for his unbrea but as to the young
lady who with him. he did not knew who she was,
The ATroRrsY GENERAL sad that he should here rest
on the part of the State.
Mr.. BRowNr.-We also close our testimony.
Mr. CARrENrER said it was his duty to sum up on the
part of the State first But was nearly time for the
adjournment OF the court and as ne naa no ms 70
begged the Court to ADJOURN which after some discussion
Fn.nS u There was a little flare up here this after
noon, about some females of doubtful character-not
worth relating.
snow-The ground was covered this morning with
few inches of light snow In the afternoon il raned.
WEDNESDAY,, April5
MOANING SESSION.
At the opening ofthe court this morning, Mr. CARrEN
the District Attorney to sum up the case
ofthe part Of the State After very appropriate opening
in which he dsclained all personal feelings Of hostility
or vndictveness towards the prisoner Mr. c. said he
should first show that NJ H. Heberton was dead; second
that he killed by the prisoner at the BARI and next
that this killing was neither lawful nor excusable. He
this occasion say that of all the violent apersons
the opening counsel (r Brownel had aem ted to cast
the character and which he then declar
ed he should be able furnish the most abundant and
elusive proof solitary item had been proved ex-
cept in the matter his with MISS
Mercer Mr. C. then went to review the testimony as
developed in the evidence of the killing OF Heberton by
the prisoner As all this evidence has been fully and re-
dosn s ss ax o the
law books this killing must have been premedtated in
territorial and malicious 1t attempted to be shown
that there was any justification for the killing What
excuse is set up for the killing Want , Of whas ne
could not have been wlul In short that he had not his
reason insane Here the authorities were cited.
What is nssnity-and when does it excuse Here au-
thors all widely differ. Even the learned gentleman him.
self mr. Brown has not ventured to give definition OF
insanity And Mr. c. here dwet length upon the great
dificuities which attended correct and clear APP
preheDsion OF what insanity is. He thought
at least we might 60 s So Tar ho1s say aSeou nss
cause 1t has defined to be loss Of the reason But
this definition vague and uncertain Iosanty has been
Mania is what have under consideration in the pre-
sent Several strong authorities were cited show
wrong as pertains to question, although partial
" deranged yet he must be held responsible for his crime
This rule is univ ADMITTED oy our laws Trou
and other foreign authorities Mr. Carpenter oek very
strong ground against allowing any weight at al TO be
sons although their evidence to the facts on which
an opinion be pronounced might be believed It's
have weight with jury. Again, Mr.. Brown had offered
prove that there had been hereditary insanity in
the family. But there has not been scintilla
of evidence in proof of this--uneas it be that Mrs
QuInn's husbands mother had been insane-a person
in wise connected by the ties OF c0nsangunity with
went on to review the evidence which had been submit
ted in proof of the prisoners insanity. The first idea
ind haQP
of his sisters wrongs Of this surely
insane idea He will not fix his mind upon aught
his determined purpose And according to the
opinions of the medical this is evidence OF nsani-
ty although it is of highly excited passion And in this
tss sdves R:
view with him in the garden when he advised him to
till the return of his father and then to put his
mannsss" and also to Mrs. Shanklands remarks about
cowskinnng-and yet again to the popular nsigatons
to 'kiil him kill him! kill him." From this fixed pur-
pose he deviated till it was accomplished
As to the friends who said TO have accompanied
him, we have nothing of them-they have
not been produce in this Court-hey have been kept be-
hind with confederate prudence. now call your atten.
ton the fact that he is by the witnesses who testify
ofhim Of those points principally where might be ex.
suspects of intention to fly from the city His mind is
evideatly still intent upon his great fixed purpose In all
sound mind. Mr.. Carpenter here proceeded at some
length and with great shrewdness ingenuity ability and
effect review the evidence pertaining TO the defence
OF insanity at the time showing much discrimina
ton and learning in colsting, examining and applying
the law to the He called to the
no insanity without the presence OF deius'Sn-ar-
guing, of course, that the case Of young Mercer
such disorder has been recognised by tie English
Courts of Judicature by their medical writer's.
Mr.. Carpenter next examined homicidal monomania,
which is morbid activity OF the propensity to destroy
This is abundantly disproved and dscreded when su
fcien and adequate cause can be assigned For N all
irresistible motveess impulse to destroy The homici
dul monomania seeks to destroy cr
runlIo Tic
object. The criminal lays plansthe msnomaniac lays
After some further remarks, the District Attorney
to another branch Of the subject which was
the degree of crime The counsel the other side have
argued that il Of vocaon-and will argue
that this case at most but one Of msnslaughter is
the prisoner of manslaughter would to God that you
might able find the evidence such to warrant you
in such humsne conclusion Is argued that the pri-
had time to cool Iear that the pursuit Of three
days extent to which the mereul construction OF
the law has yet found precedent Mr. Carpenter
concluded with very eloquent and powerful appeal to
the jury, after speech OF three hours and half
ment his ewes many times filled with tears and as soon
as he concluded he laid his head down upon the ia
Bile and gave vent to his excited feelings fer nearly neen
the unfortunate family and not whisper of unkndness
towards the prisoner fell from his lips His heart
one; and beth his head and his heart honor to
human nature His argument is said to be the greatest
that has been delivered in this country. We take
pleasure in saying this because he very modest and
unassuming His only fault is his honesty and in
tegrity
OF the defence.
After few Introductory remarks, the clear and power
full mind OF the Elk Governor took up the coaheap man.
and abored at length to prove that the whole matter Of
the murder of Mahon Hutchinson Heberton all in
mystery, deep and impenetrabe, of which the coshea
the nucleus He endeavored to prove from the
direction of the ball that the prisoner coud not have
fred it, To be sure there were four balls fired, and
pistol with six barrels four of which only had been fred
off, found upon the prisoners but that might not have
been the pistol after all.
Having finished this leading branch Of his argument,
the court adjourned for dinner.
In the recess, heard the ex.Gevernor's argument
spoken of mastery effort, although we did not hear
that any one had been convinced by 1t.
AFTERNOON SESSION.
Ex-Cov. VRooM resumed his srgument-He sail, If,
gentlemen the Jury you satisfied in your mind