The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-08
by THE SOUTHERN NAIL.
BY SPECIAL EXPRESS.
From Wood bury, New Jersey.
TRIAL OF sINGLEtoN mEuCER

| THURSDAY, 1 O'clock p. M.
| The Attorney General concluded his argument
a few minutes after despatched my express, when
Judge ELMER proceeded at once deliver the fol-
| lowing
Gentlemen of the Jury
| will occupy but few minutes in the remarks am
make II has been truly remarked that this is IN
trial The Court have considered it, and they
feel that you have done the the event
of this depends the life death of the prisoner the
and the time has when the decision of this great
question devolves you As you have been severaly
sworn affirmed TO try the upon the evidence, you
discard every consideration which has been pressed
upon you out OF the jury box Whatever may be your
opinions yeu bound to follow the law The question
you determine whether the prisoner at the bar
did on 10th day of February lsAs in the county of
in this State felonousIy kill Mahlon Hutch.
| inson Heberton, with malice aforehought His Honor
two degrees Homicide continued his Honor, is the kill
ing OIL and may stifabe eScussble or feloni
The feonious killing OF ia defined to be the
the state, with malice prepense either express implied
The offence be committed by person of sound
mory and discretion but this is than the law
quires in all other There must be malice either
implied and the act must he premedated.
Your duty wthen be, gentlemen to apply the law, as
thus laid down. to the circumstances OF the Ofthe
facts of the you the sole and exclusive Judges
and of the law you also the Judges, under the
direction OF the Court Two grounds Of defence have
been opened in this case, but understand that one
OF them provocaion, abandoned BY the gentlemen
who summed up the defence. (Messrs Wall and Vroom
here remarked that they did not wish to be understood
abandoning the ground OF provocation as defence)
Well then gentlemen resumed the Judge the defence
twoold 6rst that sufcient provocation was given to
the prisoner to negative the idea of malice and premed
tation. md secondIv that the nrsoner was insane =
have been cited before to show that some ex
raordnary deemed by the law sufficient
in the act of adnerv with His wife or where the party
slain in the act of committing attempting to
mon rhare he hos t,me a, =. aector in The LANGUAGE
of the law, when he has time to cool II brother for
shot Heberon and had killed him il would have been
murder for the law will no. hermit mere passion or re.
venge n form in tbia case The nr;soner,s
had been ravished under circumstance Of extreme
a~grava,ion The fact was communsaed to him on the
an Of February and on the 10Th he oowed Hehcr,on on
hoard msssrr over 70 Tandem and ~ Is said
shot him when the ooa reached the dock on this side
o1 Tho river TIE doctrn IF ths w, is ~ - he Lrg
Tho c , T ronoc 90 o "a h 49, anc 20. r
nv n,;t'ao, ~ ~ ard !, =; ,nr Won CON
tls%sn decide whether Mercer had sufficient time to
~, ~ L;,i;nr 81 Ih los =, da Nv h,rn tn
second gronnS Of desrce observed ynSge Elmer is I'M
son;, ga go. JnoI hns haao ra5 .,nrn - ond
ranoyt ed ,ror that suh;oct Ths no douh fresh i;
@ mo ~Ion an .' 3 not ,mh, o nv h \, Tudd
70 The nS one Of the Gentlemen for ths de-
srco , a .SS;rI Lac nst Sc th ..,;,"nrv ,,no
the sciences Of his nea ont OF cou and un to the smn
Jaw, iutiushe us WIN 1uSiens sIiue W IN
% u ne quest1n lou nave oniy 70 ehqu.le
% 'ne prisoner me ums ne com,ea ' ao a
alleged, was possessed Of souns memory ana ascTe
Wv nu ~. leie reau ioh VI i -
ana ures must not be too rigid on the one hand to
80 80, r;fp IA o ~ o.ha hand ty, on errore
U ro oV Of sar Theu ust dsi;hers{s With can
t;on and grart a1d decide s;ncsrev wbether Al Tho
49,; % ~ sc nh or1ed th nrsoner yas or Vas not
canable Of distingusbine between right and wrong
on on naomce sna;nss, ,ho laws If Cod and Nature
These nuesons rentiemen Won will determine nv the
evidence and too forciby remind Won of the So
iemn;,,, If tha ohigaon Tins m3nosed mon Won Won
have Ia cass nav in vour HANDS and prav God that
You may decide upon this issue in manner most sccep
reasonable doubt If The nrisoner,s gnit gentlemen on
ether noint ofths defnce ought to and must acou
NM ,or u humane MAXIM a o. .ne law s ,1 pe nn
cent NAN sSaud Se nnnshed IN spch case az this the
Of still ,wa;ht anJ should be the more
fmip ;nrss ed nIon bs Nils cS ~ inv " inv AWAY
Judse =, Mar Concluded his charge few minutes be-
fore sc o,cocI He ms ,nuch effected throuybout s
Seliverv and ua. listened 70 with dren attention. "
inon the conclusion Of the charge the urv retired to
Q, me UVur a % a. con
s;on g 'n,;i ,h ;r;~ of the hom mruhar or a
~ erd;c, ca L. ;utosa a~ntma, rsvoed
bodv ventureJ mon the result and all sage
iv nopbeced thai the verdict would be thus and So
THn VrRpIcT.NThe hell rang about thirty three or
four .uer the ad;onrnmen when most fprous
h @ ,ad CO.. .h ot hno Nv ,La ov u ut;S
numhar of ,ha nanio 80 in and ,ara bnrr, trn,,I
tnnmsi . ~ ~. t s on tha cors.ahiss neesed th
ioors until the arrival Of the nrv down stairs Judre
LINEN came ia ana ,1oh nus sea. upon We pend a,ynS
who rushed in n was sever,I minutes before order
could be restored Many person, came in at the win
Xs, as ,ha ofi.rs I'D ohto;yned silence NJ CT
rose and ss;d he rs~retted 70 witness The turin
49,, 49,; .d h u AZ 'e aS .o,;, ;n,o th Cnr,t
d H. hod .hs. ~ htprp ;aht ha tba ros,,it ~ th
aa.e tho ~;.nca omid nresesra an unhroke silence
ga odot ~ =; anror ,ror,h,, IF IN sasoves
and of the solemn occasion.
Mr. VRsoM conceded in this hope and said that the cti
zens ought in respect to themselves the court
occ ason remain perfectly quiet
The clerk then proceeded call the jury, and asked
them if they had agreed upon verdict.
The foreman, Mr.. Jennet replied that they had.
CLERK-Who shall deliver your verdict, gentlemen
Several jurymen replied. our foreman.
Judge ELMER here arose, evidently much excited, and
still on SO solemn an occasion he could not demand
this a right, he said he would ask il as favor
The of the Jury rose and the clerk asked
theury the usual question how say you do you find the