New-York daily tribune., 1843-03-31
The Mercer Case.

k;,lior. Mr. Browne, in opening the defence
made g long address, in which he alluded hrst TO
! tbe youth of Mercer, the weakness OF his frame,
] his nervous temperament, and to the effect which
an early disease has had upon both his mind and
! body. His father is retired mechanic of Phila-
delphia He has four sisters, three of whom are
single. Sarah was represented as mere child,
modest and of yielding disposition, having never
attended theatre or ball, and of the most unex-
ceptienable character, unit, short time since
Her associates were mostly with children like her
self Heberton was an abandoned Gbertine, his
place Of BUSH brolhel, and his only pursuit
seduction. Miss Mercer first encountered him
while she was passing through the street with
friend to purchase some grapes for sick relation.
He had followed them from street to street, and
she mstook him for Mr.. Bastido, whom she had
seen at the house Of her brother.nlaw. Heberton
took advantage of her mistake, and on meeting
her again in the street, few days after-he hav-
ing sought the meeting, which with her was purely
| accdental-spoke to her, and told her he would
see her again. All this while he allowed her to
suppose that his name was Bast:do, and under that
name he exacted premise from her to meet him
| again. At the third interview he declared himself
violently in love with her, and solicited an intro
| duction to her family. She named several friends
who would introduce him, bat he knew none of
them. He pretended, however, to know MIR.
Dinkler, of whom she spoke, and said he would
call upon her family with him. He never did so,
however. Up TO this time his treatment of her
| had been gentlemanly and becoming.
Soon afterwards, however, while walking with
| her, be complained of the cold he led her into
Elizabeth-strcet where she had never been before,
and proposed to call at the house OF Mrs. Met
tore. She declined, but he assured her he was
well acquainted there, at the same time ringing
the bell. The servant to the door, and he
urged her in. They entered a room where there
was fire. She Immediately became alarmed and
refused to remsin: but Heberton locked the door,
put the key In his pocket, and, upon her screaming
for assistance, drew pistol and threatened her
life if she did not yield to his desires. In this
way he forced her, though screaming and strug-
Cling into compliance with his wishes. This, the
Counsel said, would be fully proved by Miss
Mercer herself by persons to whom she told the
story and by who heard her screams.
After this Hebcrton endeavored to persuade her
to silence, promised to marry her and 60 to New
Orleans, declared that he could satisfactorily refute
any story she might tell her parents to his dsad-
vantage, threatened if she exposed him to prove
that she invited him to go with her, and in various
ways endeavored to procure her silence. During
all this time he was boasting among his com
panions of his successful villainy, and ON one
cesion in an oyster cellar took pistol from his
pocket saying that WIS for her brother, if he
attempted to interfere Being asked what he would
do should any one thus wrong his sister, he de-
clared that he would blow his brains out like a
dog
The day on which Miss Mercer left her home
she spent with her married sister. servant told
her that her father was very angry with her for
something he had learned, and so frightened her
that she ran away to house where she had met
Heberton. Her brother next day met Heberton
and took him to Nlr. Mercer's house, where an
angry interview took place. Yosng Mercer used
his best endcavers to find his sister, but HeoeTton
denied all knowledge of her. The woman with
whom she was staying however informed her
parents that she was there, and she was at once
sent for and brought home. She told the whole
story to her mother, and the next day to her bro
ther, who, from the moment he heard it, seemed
hopelessly mad He raved and assailed every one
| he met, and was only prevented from killing his
sister by those around him. The interview at the
| Aldermens office rendered him still farther
affected and every act he performed seemed evi-
dence Of insanity. Mr.. Brown proceeded at great
| length to show that the stats Of Mercer's mind at
the time of committing the deed for which he is on
trial, was such to absolve him from all legal re-
sponsibility for the deed. He made very long,
ingenious, and elaborate argument, principally upon
this point. Testimony will of course be sub.
mitted to prove the several points which reli-
ance is placed. We shall publish whatever ofiti is
necessary to an understanding of the matter, end
at the same time is suitable for our columns.
A strange story.
| The good people of Philadelphia thrown
into terrible state of excitemen. on Wednesday
evening by story told them by the conductor of
the train from Baltimore. The incidents of the
affair, as told there, are briefly these:
When the decision of the Naval Court Martial
reached Washington, it was found TO be favorable
to Com. Mackenzie, aud meeting of the Cabine,
was called to consult upon it. Mr.. SrENcEK,
Secretary of the Treasury desired that the Presi-
dent should dismiss Commander MACKENZIE from
the Navy. The President expressed unwilling
ness to do 80, and Mr.. SPENCER said he should
withdraw from the Cabinet if it were not done
Mr.. UPsHuR said he would resign his seat Sec
retary Of the Navy if it acre done. Thereupon