The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-18
The Case OF the scotch murderess.

been already settled Mr. LORD who appeared for the Brit
to justify her surrender he called the constable, George
mckay who had pursued the prisoner from Sco,lanu
THIS country and examined him to prove the 'he
He deposed that he knew John Gilmour the deceased
husband OF the prisoner; he him at his mouse IN IN
ohnnan on or about the 9th of January last ana ne hear
oil his death at the time il occurred. -
Mr. WARNER desired the witness to conhne himself to
facts within his own knowledge.
Mr. LORD continued his examination, and the witness
said he ceased the deceased about after the nth
Jsnuary he the deceased after that time until
he saw the body exhumed for medical examination on
the 22d April he officer of justice, and such he
Police OF the County of Renfrew the body having been
disinerred portion OF the stomach given to him,
which he secured in box and conveyed to DR.. Wildly,
who in few days eedng exhibited to him quantity
of arsenic which had been discovered in the stomach
three ply who had applied the usual tests inqui
y was instituted as to the of death in consequence
Of certain reports which were in circulation.
Mr. WARNER objected TO the production oil reports as
evidence in this case and said reports be
ceved he should feel to be his duty TO give reports
| in evidence.
| The CoMMssIoNrh after hearing few obsery atoms
from MrWarner and Mr.. Lord, decided that he must
! fne the examination to legal evidence.
Mr. LORD continued the examination, and the witness
SAID after the death OF John Glmour the prisoner return
| ed to the house oil her father
| Mr.. LoRD-Did a report arise of foul DEATH
Mr. WARNER again objected to reports being given in
Mr. Lem commended that on those reports arising
prisoner fled from justice and that it was admissible evi-
dence in preliminary examination to show the conduct
OF the prisoner.
Mr.. WARNER said foul death was assumed, OF which
there ives ss yet no proof
Mr. LORD replied that he had proved death, and dis
nterment then there was report and an Immediate
! flight, and he contended that it was admissible.
The COMMISSIONER said he thought IT was admissible
! testimony.
Mr.. WARNER ntmated then that he should have to ap.
| peal from the Commissioners decision.
Mr.. LORD desired the witness the circumsan-
attending the fight and he said that the reports
got into circulation he down the house of the de-
ceased and made enquiries from the servants and
thereupon issued the prisoner which he
cd tph
shire to execute and then he found she had fed No
person about her fathers house could give him any in
formation about her, and after making enquiries in
the neighborhood he returned home He sent officers
different points to make enquiries but without the desired
result He next made enquiries about the purchase of
the arsenic and he found shop in Renfrew kept by
| Hugh Wiley where it had been sold.
Mr. WARNER objected to this evidence it
ter that was rot within the witnesses personal know
| ledge.
Some discussion ensued this point, in the of
which was ascertaned that the witness had
try in the Druggists book which the amount of in
| formation which he possessed
Mr. LORD contended that he could give particular acts
in correspondence satisfy the commissioner for the pur
! poses Of this enquiry.
Mr. WARNER denied his right to introduce reports and
bearsay evidence, the purpose Of boserng up bad
case under bad treatys treaty which bad that
1t was not worth the paper which it written. Be-
cause the British government had entered into treaty
with the Of the United States all the rules Of
evidence were not to be broken down. and his client gil
The Commissioners said that circumstances which the
| witness had heard from others were nadmissibe.
|
| evidence.
The witness then to say that he satisfied him.
self of the prisoners absence the 18th of May He
was instructed by the Sheriff of Renfrew TO make fur.
Their Investigation Of the matter and he accordingly pro.
cesded to Cumberland in Ayrshire and at the coach Of
nee he ascertaned that named Jamison and his life
had taken the coach that morning He did not know ia
mison He learnt that Jamsons wife had left Carlisle
on the gath OF April being the morning which he went
to apprehend the prisoner He proceeded by coach
to Carlisle and enquired the night of his arrival
coachmsn for persons answering the description of Jami
and his wife, and he learned that they arrived
and left Carlisle.
WARNER again objected to this course of examina.
ton How, he asked did the witness know of his
knowledge that was the coach and coachman that
SO did not constitute it admissible evidence.
Mr. Lord commended that he had right to show that
the witness led place to place by discovering
the route OF persons calling themselves Jamison why
| he was led to certain result.
Alter argument the point was abandoned and the
mnation continued.
He had warrant for the arrest of this woman and he
her on DO ard the brig Excel the 2st June in this
port He ascertaned that she had assumed the Of
Mrs Spiers. She denied board that her was
Christina Gilmour. He was led from Carlisle to Liver
pool by the de cptons of certain persons and the lat
ter place he made enquiries from person named Nc
| Dougal, at the Railroad Station.
MIR. WARNER objected to the recital of what McDougal
| told him.
The witness passed then to another point end said he
found the names Mr. end Mrs spiers shaw's shipping
books, and from the description given to him
MIR. WARNER objected this information being given
Mr.. LORD argued that it was description which had
guided the witness in all his trsvels-but it deemed
| nadmissible, and the witness proceeded:
He found two persons Of the of Spiers He after
wards found two persons calling themselves spiers
board the brig Excl, of which the prisoner was one
| MIR. WARNER cross.examined the witness at great
length. He said he police officer the county OF
Rentrew and he was also eris officer for that county
His jurisdiction confined to that county He in
no other respect an ocer minister or authority ct the
| ty) OF his own knowledge he knew nothing Of the
prisoners criminalty. He examined closely the
seeing her at the house of Gmour the deceased the
| time he had previously mentioned. He next exam
at least fifty tines but he had engaged
in any business or profession which would bring him in
connection with that poison. The body Of Mr. Gmour
had been inferred three four months when the
disinterment took place, and he afterwards small
quantity of arsenic which had been taken from the
mach He had before arsenic which had been taken
from deceased persons and he had doubt that the SUBJ
stance which he saw was arsenic. He examined as
to his knowledge that the dnterred body the body
Of the prrones husband and he replied that the
pointed out by the friends of the deceased whose
name ives on the coffin plate.
The cross examination continued at great length
on these and a variety of other points.
Mr. LORD said he Should there rest his case.
Mr.. WARNER said he should object the gentleman s
calling additional testimony at subsequent stage of the
| proceedings if he rested now.
Mr.. LoRD said he should rest then and moved for a
warrant for the surrender OF the prisoner.
Mr. WAsNER said that he moved that she be discharged.
Mr.. LoRD-Have you any evidence to CALI
MrWARNER-I do not deem any necessary, as you have
| made out no case against her.
Mr.. Lord will the case now stands but il
| you have any evidence call it,
Mr.. WARNER-If you will agree to up as the case
now STANDS Wllsay that have no evidence He then
proceeded to address the Commissioner the
stood and he conended that there legs evidence
given that mu der had been committed oriif murder
had been committed that the prisoner the guilty per-
son. The body from which the arsnc was taken not
identified, but II it were, there evidence to show
that the arsnic had not been administered by his
hand He also raised objections TO the warrant and very
ably discussed the various points the and urged
that the Commissioner bound the prisoner
| liberty.
Mr.: LORD addressed the Commissioner, and contendet
that there sufficient evidence the
der of the prisoner TO the British authority.
k1The COMMISSIONER minated that ne should take
raj days TO consider the fusion which he should
come and the prisoner emanded to goal to await
result.
o. One OF the Equestrian Companies of Messrs
Welsh " Delavan, SO extensively known as eques
trian directors, will leave this city tomorrow by