The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-05
BY THE SOUTHERN MAIL.
BY SPECIAL EXPRESS.
From Woodbury., New Jersey.
TRIAL OF SINGLE TON MERCER

by our express ds' evening, we received the fol.
lowing proceedings in continuation of the trial of
young Mercer The prosecution are nearly ready
to rest their case, and the whole testimony is ex
pected :" close To-Day.
DR.. MuLFoRD-His examination contin ed,
The ATTORNEY GENERAL here read from Mr.. Carpen.
te notes the evidence Of several of the witnesses the
Defence who testified to the insanity OF Mercer in the
form OF supposed case and not actual testmony-al.
though reality such-and asked DR.. milford il such
and such testimony would convince him that the suppos
ed man insane.
WIrNEss--nder circumstances of enormous Provoca-
ton, Should consider circumstances such a. these
evidence of suoh extreme excitement as might be looked
fer particularly in Of extreme susceptibility yet
these indications alone would net surely cause men to
look upon such person as inssne.. -,
Other facts being read TO Dr. Milford he replied that
these would only indicate him the excitement
under which the indivi 6ual was lsborng.
The ATTORNEY GENERAL continued to read from the
testimony Of Mr.. Lopar-as q suppostious case-[in
from the evidence OF Mr. Lopez, that Mercer in
sane
Dr. MuLroRD-n is really very difficult to suit an an.
swer To the various parts this enquiry but will try
certainly many Of the incidents here mentioned would
appear to me no little would lead me to seek
more extraordinary if1 had no ledge Of nor could
conceive any probable motive or object the individual
himselfn the manner supposed say if had no know:
OF could conceive in any probable ohis
very disturbed state of mind. And should have the
question OF arrangement in mind for further consiaer,
words n mi
as synonymous at all with in;anity
The ATTORNEY GENERAL here related substantially
suggestions case-the history of Sarah MERGERS sc.
duction, Heberons MURDER &c. and asked DR.. milford
if such circumstances would at all account for
the extraordinary indications advered the evidence
Dr. MuLFoRp replied that they might serve to account
for these indications If could account for his
duct any other suppositionif there other
reasons or circumstances to induce him to act as
he did act-the whole, it will be perceived however
turns this point should be ready to conclude that he
ives state of mind which might Iced me to apprehend
arrangement
ATTORNEY Ultimately
Mr.. BRowNE.-we object to prompting.
WIrrE:s-l might lead me to apprehend that derange
ment might ensue.
he had not expected the defence to day. before
tomorrow night that his witnesses resided in Philade
pha, and cond not be compelled to here at
all by law and he therefore asked the adjourn
till to.merrow morning.
Alter some incidental remarks Mr. MoLLEsoN proceed
ed very briefly ard ponedy to state the leading points of
the rebung testimony which he expected to produce in
the morning This evidence related to the conduct and
character Of Heber,on in Philadelphia that Mercer
not insane when he committed the murder, and that he
was not of a mild and peaceable character.
The court shortly after adjourned.
MoRNING SESSION.
The Court ives opened as usual at nine O'clock
The case being with the prosecution, 1t is proper
to say word of the which it has been hitherto
conducted The course Of the Attorney General, who
mrbanv ieniencv and degree that VEIN
rarely ever extended to criminals trial life He a.
pears to feel if his client were simply the spirit of jus
tcs and not Of vindictiveness And whatever may be
the result Of this trial. of the defendants friends
can complain Of him, that he has overstepped the fair
and eneat discharge Of his duty required the
laws of the State It is not believed that he has in any
instance attempted to overbear browbeat any Of the
counsel the other side, indeed any else His
ton of that poeness which will ever be ornament to
the members Of the bar although individual members
may never feel that 1t is becoming to exercise it.
CALEB RosEPTs, recalled-Isaw Mr.. Singleton Mer.
the evening Of the 10th and the morning of the
n, ut ~, nut 1aav rrnctk o
went down to the hotel, went into the bar ne
house very cIowded made my way up to tn ,r;
inquired of If there fd Tier there, ne
wished to dance l asked if he was arrested he had
noticed nothing all remarkable in his department or
appearance. He sat quiet for about fifteen minutes.
He said nothns noticed nothing strange or remarkable
with him an hour at Leake noticed him more
less all the time He never in that time asked two
tons in my presence. When first went in he had a
newspaper lying in his lap During the examination Of
the witnesses asked his name. and he replied,
some time the magistrate asked him some questions to
which Mercer replied "By the advice ofmy counsel
fuse to answer any questions" He occasionally asked for
water and tobacco He got up once and took off his over
coat During this time there attorney from Phi.
ladephia came IN and shock hands with him In the
markable He chewed tobacco freely, and drank much
also his face and eyes, but nothing Pc
culiar.
Alderman JOSHUA MITCHELL, affirmed of Philadelphia
MIR. Hutchinson Huberton was before me two occa-
acquainted appeared Dei0Tc
warrant issued from my Office the 18th Of Feb.
He bound over the Of 500 appear before
taken out the cath Of Mercer There were
witnesses appeared against him, and the prosecuting
attorney requested the dismissal Of the case and abandon
ed for want Of witnesses docket shown This my
docket As to Singleton Mercer about La O'Clock the
morning Of Tucsaay February eth. was called out of
bed-went down in the Office and found three gentle.
waiting for me; of them Singleton Mercer;
never him before; Of the others was Palmer,
who deputed to the warrant; Mr.. Singleton
Mercer requested a
called Hutchinson Heber;on; sometimes called differ.
enty he sure to his real name asked him the
crime that the warrant to issue for he told that he
could produce witnesses prove that this Hebeon had
threatened to abduc his sister with the intention Of sedu
him there could be nothing done with him but bind him
keep the PEACE there had been crime
his that statement; the warrant then issued
and Palmer depuzed serve 1t according to law, and
pesred in company with the officer and Mr. Heberton who
in custody Of the officer and other gentleman,
whom did not know, near O'Clock; asked Mr. Mercer
then he had any Witnesses and he said he had mott this
Tuesday; told him it would be best to have ad.
journment to get Witnesses; before the ADJOURNMENT.
vandyke went Mr.. Heberton's security for 500 That
was the last of Singleton Mercer till saw him
Mercer on the 7h either asked Mr. Heberton or request
ed me to ask him, he knew where his sister Sarah g.
Mercer vast saying that Il he would inform them where
she that she could be got home to her parent he
would his part withdraw the suit Mr. Heberton an.
swered do know where your sister is And think
gleton Mercer to ASCERTAIN where she is" There
silence for moment or two between the par.
ties who both stood before my bar at that time.
MIR. Heberton then said that sone girl had come
to his house the night previous at eleven ociockand
said person. think his brother went to the doorto
who twas. The girl then ran away Mr.. Heberton
then, thought, with his arm leaning the railing,
looked Mr. full in the face and rather exutingy
or hauhgy made this remark "Thaf girl looked enough
like you to be your sister,
Mr. vandyke in q moment afer, came in at the door;
think that Heberton aud he conversed together few
ments in allow tone think Mr.. Vandyke said they
ready for nvesga lift be heard and advis.
ed them best to adjourn the for hearing tho
next day This done and Heberton gave the 500
ball. as before said think they all left the Office at the
same time James Hanna MERGERS counsel.
Cross-examined by the DEyENoE-Mr. 8. Mercer was
not present on the sh the last Of him the 7th;