The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-02
BY THE SOUTHERN MAIL.
BY SPECIAL EXPRESS.
From Woodbury., New Jersey.
TRIAL OF SINGLETON MERCER.

| From Woodbury., New Jersey.
TRIAL OF SINGLETON MERCER.
Our express of last evening brought the proceed
ings in this trial. to yesterday afternoon, 4oclock
Great excitement prevails in Woodbury. and Phila-
dephia and the public generally now look upon the
late Heberton monster of the most brutal kind
FxIpAY AFTERNOON, March 81.
The Court met at hafpas two O'Clock, and proceeded
with the trial of Mercer.
The question propounded to the last witness viz =:
From the conduct and actions OF the defendant which
have stated and what you observed at that time 40
do not think that the prisoner had the use OF
his reason objected to the part othe prosecution
Mr. Carpenter the part of the State opened the argu
ment and denied the right OF the witness give his Opn-
ion to the sanity insanity of the soner He said
that such question could only be answered by persons
| OF skill-phy sicians and other scientific men.
Mr.. JrrFKRs, on behalf Of the prisoner, followed Mr.
Carpenter and contended that the witness having testified
the acts of the prisoner had undoubed right to
give opinion the sanity insanity of the prison
4 er, from his acts, testified to by him.
Mr.. BRowNISo followed on the same side.
| The ATTORNEY GENERAL concluded the argument. He
said that the question wholly irrelevant to the ISSUE
and spoke at considerable length in support Of his argu
/ ment. ....... g.. 81.
The CouRr overruled the objection of the Attorney
General, and allowed the question 10 be put;
The discussion of this occupied the attention of
| the Court nearly three hours. i
| CHARLES fArsrrR recalled
From the conduct and actions OF Singleton, do you
| think he had the use OF his reason
Al do not think he had the perfect of his
| Crossexamned by the ArvoKsEY GsNExAL-I said
did not see any pistol on him before 10 O'Clock OF that
day. took a pistol from him that day. first became
acquainted with the fact Of his having pistol by seeing
| him come down stairs with one in his hand l don't
think saw him after dinner don't think he had the
of his 10 O'Clock that day. That is the
| time took the pistol from him. When was in the
| room, heard him running downstairs. ! saw him at
such before. He came down stairs, appear
edto be in violent passion, and going towards the
towards the door l threw myself in front Of him. He
told to 20 away that he would kill any who stop
partly by persuasion, got him into the parlor then
took the pistols from him. have already descrb
ed that he had not the use of reason was when saw
him the foot of the stairs He would be pacifed for Ave
or and ssn be wSad up aS bee
RODS when he woudump up and be violent that he had
the use Of his reason From his walking across the
floor wetting his head wping the tears from his eyes,
and other strange conduct satisfied that he had not
the right Of his think now. and thought
so then. mean that did not think he had the perfect
use of his | don't know to whom first stated
thefact OF his not having the right use Of his
don't know when stated it.
JOHN o. DAVIS was called and sworn and aeposed as
folows-I live the back Of No. a. Spruce street Phla
dephia am one of the night police; saw Singleton
it was at the southwest of Fifth and Walnut
streets think wanted about 20 minutes Of ten ococ
when got to box saw three or four cabmen there's
my box the corner of Fifth and Walnut streets; there
was black there with some trunks his back,
duty; told him was; he said he should direct
ly he then started down Fifth street, he appeared very
Wild Hooked at the man. and thought there was some
and fying-ha is in quick motion he then returned to
where was at the northwest corner of Fifth and Walnut
The up and asked me il had ink and paper; told
him had then proceeded with him the southwest
Of Fifth and Walnut and after got there, he
said to want you to 60 to Captain somebody (men
tioning but not Mercer) and tell him TO send
S25 asked him where that person lived; says he Sin
street. somewhere in the neghborhoed of Second"
told him that could not attend to tnat it Of pri
nature any thing like larceny theft would He
said it was Of that At that time of conversa
| Ia ed zig and
eyes flying in every direction he then told me that there
sn ms 81 G s WORDS
toned about his sister, his head and wheeling
about inevery direction and at thatime he said there
of my friends and away he started looked round
| but could person. see and woman directly
the corner going up Fifth street; the young man. Mer
proceeded among the cabmen at the corner; he
then returned down and passed rather below Walnut in
Fifth; he then came running and called for cabman;
House fast he could he got up the front and
then started; did not him ater:that; he up
whether he had any conversation with them don't know
under the impression that there stolen goods
about seng the trunks, and that why looked at
him; believe that he not reasonable man, from the
of his eyes, the throwing Of his head and
wild way Of his running about
| Crossexamined by the ArroRNEY GENERAL-I have
every believe that the prisoner the bar is the
young that that night He did not look pale
thrn (The prisoner stood up That is the man, point
ing to Mr.. Mercer) have persons acting wild
der the influence Of liquor but satisfied by standing
close to him. that Mercer not was close to him.
but did smell anything his breath to induce
believe that he was in liquor saw nothing in his
duct to induce to believe that his situation caused
by ntemperance never stated that it have stated
persons that young Mr. Mercer out Of his head tina
night. The reason why did not arrest him was that
the watch house and informed Captain Bennett had got
information that Mercer had had mantle stolen from
aim and that he watching the black with the
baggage and l. at the same time, watching him.
JsoB BEssLr Captain Of the Watch Of the South East
am Csptnn Of the City Watch of Philadelphia; saw
Mercer the Thursday night about III O'Clock, in an
oyster cellar under the Adephi Buildings in Fifth st.
below Walnut; went into the cellar in Consequence Of
what Davis said to me, saw Singleton Mercer sitting at
table in the cellar stood and looked at him moments
he got up, and in the of folding a letter in
hurried manner. He came towards me, and said, you
the gentleman who with me last night at the
of Sixth and Chestnut streets" replied,
you mistaken He Immediately turned round and
called for wafer, and for paper at the times
he remarked to the landlord you shall he paid for all
have, He down at the table again. and commenced
writing Helookod at me again, and got up and to
who was with me last night at Sixth and Chestnut"
gentleman who standing alongside ofme who knew
| Mercer introduced me to him. and told him who was
He then went back to tn table, He sat down and spoke
to again in reference to Sixth and Chestnut that
was the person no was with him there rentleman
aon gsde of him said this is Captain Bennett of the
watch he then to and requested with
him to different part Of the cellar and ed telling
me Of the disgrace Of his sister, the relation OF appeared
to be very painful TO him. and told him acquainted
with the facts from seeing it in the papers, he placed both
my mother is crazy, my father is crazy, my family is
ruined, and am the only one left to redress their
wrongs-that Heberton had done this thingthst pro-
secution had been brought against him. he was at
tempting to escape he said His trunks now on the
opposite side Of the street at BARRIERS shop His man.
became very wild and incohcren.; his
was very haggard, and there something about him
that can't at all describe; left him and to the
| person who had introduced him; I told
him that the not in his senses, and
that he must try TO get him home don't know that can
recollect all the conversation but relate all
Cured that night; the young who with Mercer
told me they had been trying to get him home; that he
had not been home from the morning previous said to
L et m I GO
do that for you he sad No. don't make use of any
violence for II you do, he will shoot u.s." then asked
the question, is he armed If So will arrest him at
any rate" The answer was, 81 don't know that he u.s.
then said woudtry and persuade him to go home.
went to Mercer and requested him 90 home. He said
no, he never would go home until he knew where Heber.
ton had gone to-that his home was desroyed-tbat he