The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-31

wthere be crime. I'd. moioTansS ca ssnnSs
exercise free will; and 3D. The facts which Will De sup
med in evidence will prove that the prisoner Is mono
maniac, or partially insane. -,
III is past O'clock and this mornings Herald
Wednesdays, is come into court There is great Gu
riosity to SET i'll
1t now nearly six o'clock P. NJ and Mr. Browne has
been speaking for many hourssince past II this A. M
ana ne Is still going accommodating authorities upon a
thorie5-Peon upon Ossauntil I'll guarantee some OF
ne at least il not the jury lawyers and Judges
are quite lost in mesphy steal fog II the dimensions OF
that to succeed to be in proportion to the
HALy.PAsr sIx.-Mr. browne il still in the midst of
his monomaniacal" argument, which is clear az mud
aud clearer too The house has become rather thin the
Jersey foiks can't stand much insanity understand
1t either am told by gentlemen no hes Just read my
report in to day Herald and who we'll with
family that there is truth at all in the state
ment which was made good sathorlty, that Mrs He
berton is either now or ever to be married to Mr. Mat
thew Newkirk.
SEVEN 'cLocK.-The chenges are still ringing upon
insanity haliucinaon, delusion monomana, par al in
insanity, lunacy, total insanity degrees Of insanity de-
grees OF monomauia insanity whoa deusion, insanity
without illusion, and nssnity without hallucin alton
The District Attorney Mr. Carpenter, has already IT,
ken fifteen foolscap pges of naked author
ties all of which could not probably be found even in
the Bodleian Library. Mr.. Brown being very much ex
hausted, the Court adjourned.
AS this is one of the most remarkable OPEN
ings to defence that has been delivered in this
country, it Is proper to say Of Mr. Browne thar ne nes
been of the most successful at the rha
depha bar particularly in criminal cases he is good
reasoner rather metaphy of quick perception-hos
moderate degree of imagination and fancyis sdmra'
bly, calculated to manage causc-is good general in
legal matters agacious with great degree OF self os-
sessona plen but forcble speaker He etred from the
fortune in the practice his proft son He not at all
related to David Paul Brown whom nc differs teo eG.o
eur geoiogst, shouiderns his inapsack and travelling
offtwo hundred miles into the words
THURSDAY, 3O.h March, 9 o'clock, A. M
MORNING. sEssioS.Before the opening OF the Court
Mafl anE hn ia ret aI
fence in this place. and attends much Of what NAV
be called the outdoor business this cause and who is
honest upright and polished gentleman. to me in the
Court Room before the opening of court and stated
that likeness should be taken of euy of the parties for
the Herald. He also added that ii must not be done-and
that il it is done application coud Be made to Che Court
to eIelude the reporters from The trial replied that
acted in obedience ORDERS and thst must abide there
suit He simply added that he had d-chared the duty i'm
posed upon him and he'd nothing more to add In case
should be excluded from the Court have made arrange
ments to have the reported fully and infinitely for the
Herald. cannot imagine why they should feel so deeply
ofsympahy for young Mercer and intensely DESTROYS
to he looks and reports have leaned SO much
to the Mercer side as to dsplease the prosecution
At the opening of the Court Mr. Browne, resumed his
argument which am informed is substantially the same
that which he delivered when he summed up the case
in such mastery style for Mr.. Wood who killed his
daughter year two since. He got Mr. Wood clear on
the ground OF insanity; although Mr. Wood got braveiy
over shortly after his acqutso the great surprze ana
ing however he has the adv of making many very
valuable and important additions and to his
former summing up II has been remarked, however,
here that Mr.. Brownies opening would BIO quite as ap
prOpriae at the close of the testimony es now AT
insanity viii Clearly
is matter of great doubt and the smiling Of the Judges
the bench which Disconnected Mr. Browne yesterday
evidence that his insanity will require proof before
will be believed.
Mr. Browns commenced speaking this morning at
few minutes past nine o'clock is now twenty minutes
Carpenter the District Attorney who sits opposite to me-
has got to the 10th page Of references to authorities He
focos get the ascendancy and him out OF ONCE in
which he shall not read them until he has criminal
to defend in capital case
Alps on Alps, in tow'ring columns
Meet our wond'rng eyes,
Arguments arguments
In mystic mazes rise.
TEN MINUTE, OF IL O'CLocx.-We can touch bottom
again. Mr.. Browne has to the third division
OF his subject that the facts to Be proved H show that
young Mercer insane In the first place. he said there
has been insane Tor great length Of time Next that he
was predsposed to insanity by his constipation &C. sc.
Next that insanity is very often brought out by some
troubles and elicons. Mercer had this trouble In
sanity capable Of revenge After proceeding at tome
his argument at quarter pest eleven o'clock making out
just whole day.
After some little hustle and stir BY way taking BREATH
MIR Mercer the prisoner having arranged his chair SO as
to sit with his back to the witness stand presumed to be
for the purpose Of avoiding the sight Of his sister Sarah
who YVES expected in Court with palpating anxiety
Miss Sarah Mercer, the seduced brought into Court
Mr. Jeers before she stated to the Court that
she in conclusions and begged the Court to
them moment and while he speaking, she led
the outer door, and the first heard violent sobs
and cries, she uttering OH dear! OH Oh! can't Oh!
can't ~ in the most violent hystercs and in the utmost
conceivable agony. With much difficulty she was brought
through the crowd, leaning on the arm OF Mr. Browne
yelled in black. with white handkerchief violently
covering her face so that was mpossbe see it. She
took cher provided for her, sobbng and crying
most violently 1t is impossible to give any idea OF the
confusion throughout the whole ceurt-udges jury, poo
pie and aln the midst Of which the Attorney General
Mr. MoILisoS~i beg pardon of the Court ard of you,
Gentlemen of the Jury for not at earlier stage Of the
genlemans argument objecting to the course OF this
defence but did not out of delicate gard to the dis
tinguished foreign jurist Mr.. Browne] who has come
among
Here Miss Mercer left the court with her father lean
ing the arm of Mr. Browne in intense agitation The
excitement tremendous. If she had been barrel Of
powder with match in it, the excitement could not have
been greater. She still concealed her lace with her
handkerchief and vel]
protest against the enactment Of any such scenes as
this in Court And oeset any and all evidence ,h in re-
per place would boldly throw down the gauntlet Of
defiance to them to produce any credible evidence ira
ucing deceased YET in the trial Of this cause which
Is an Of murder object to any course on the pant
Of the which has tendency to chenge the accus
toned channel Of public justice. do this purely from
sense Of public duty and not because fear any inves
tigaton Of Hebertons efor defy the production OF
credible testimony that he ever nsued vrtuous lady
These facts must be laid before the Court legally not
at all Even If true, they justification ofthe crime
of murder. The opening, admitted, could be no JUST
fcatien nor excuse And if introduced Of
sanity they introduce medical proof to show that it
good and sufficient of insanity, and that the
prisoner actually insane.
Gen. WALL replied at length to the Attorney General
stating his view Of the Mr. JEFFERs followed stat
ing that this grounds which they proposed to introduce
the evidence not justification, but that he
sane and Hsberton conduct tow ards his sister, was su
fcient to lead to such insanity
Mr.. MoLLEsoN replied. He said he had not made these
objections give any additional distress to the parties
the other side He would scorn himself if he could be
guilty ,of such conduct. He demanded that the effect
proved, fret before they proved the cause Let them
prove the which led 10 his insanity, If they
They nvering the order Of justice. First we have
elaborate summing up Of the csse and now we are to
have the evidence afterwards And they propose to
carry out the principle, and prove the cause first
and then the insanity afterwards protest against this
invasion Of all establishes rules OF legal proceedings
Messrs JErrER and WALL claimed that the regular lc