The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-08

after the woman stopped screaming Mr. Dingler
oneof the other persons came down Then came the es
mony Of Mr. Kenyon he says that after he heard the
scream he up then the colored woman says she
remembers that Mr. Kenyon was in the reieciory and
asked what the matter. The men came down and
passed through Iasked Mr. Dngler what was the mat
ter lie said nothing, and passed rghton."
The REconDra then proceeded and recaptuiated the
The evidence for the defence was in the same manner re-
capituated but is ebvousy unnecessary for US to re-
peat here. 81 did intend his Hon. then sad ito 60
minutey into the testimony to comment those de-
tails which have undoubtedly made an impression your
minds and solved of the difeult Of the case; but
would call your attention to Sole of the circum
snnces which appear unavorabe to the prisoner That
there has been violent outrage committed the
person of this individual, human being can deny
Nay not questioned the part OF the defence that
was committed at the time she represents and that
Cured the place that she has stated equally unden
able And the first question which this case must de-
pend and upon which your verdict must be founded 10 in
relation to the identity othe or Individuals that
the testimony have developed and which have already
remarked unfavorable to the prisoner are in the FIRST
which he the proprietor and that he in the
house when she entered and when she departed from it.
say Is untavorable Circumstance for it must have
appeared extraordinary to him that this Jake Roome
should have introduced female into his apartment
should have seen him bring her back; should
mted on her, and yet that he should have remained
SILENT offered protection to this outraged individual
to ferret him and him to be arrested say that
circumstance Of itself though is possible that It may be
to his character and the position which he occupies before
this jury The next circumstance to which call your
attention this, that when Courtney, his accompany
the female into the cottage and asking the prisoner
permitted such conduct in his establishment he should
make the reply that "tha female had not been there that
that she had BEEN there Ali he testimony tends to
establish the fact that he was there when she came in
nay he himself stated that JakeRooms brought
her there and all his witnesses establish the factthat
after she returned from the he there and came in
while she there and heard her tale Of and
~col1k
that he did not know that she had been there that night
this unfavorable circumstance, because had he
truth at once and the only why he did not must
been that he hoped by alsiyng to escape from the
charge. The next circumstances which would appear
unavorable to the innocence of the prisoner that he
left his barroom jus. about the tme or Immediately AFTER
the testimony says she n and did not return there
again after she from the back ROOM That is thetes
mony of Ostrander say is peculiarly unfortunate for
this prisoner that instead of being there at his business
in view all the individuals during ing the time Of
mseiwas the So too that he should have been
down in that refectory just at that particular period
been down there and passed from the front
of that refectory into the kitchen. There is possibility
his own part Of the building participated in the
rage and then passed of the reectoy But you have
examined the premises, which have not and you can
better judge of that possibility Then you have the posi-
tive oath Of the girl Ann Murphy She states unequivo
caly and without hesitation, that she recognized the pri
othe individuals who committed this violent
outrage upon her personthat she knew him from the pc
cusr expression ofhis countenancesaw him while 60
ing into this back roamtha he without coat-that
she be mistaken to his identity. And here, gen.
temen been at all events attempted to impeach
the character of this girl and as she stands before you
protected and unsustaned by the testimony of others in
relation to her character for veracity and otherwise it
proper examine whether any circumstances have been
developed calculated strongly to corroborae her nara
tive And in doing that gentlemen, we need not conhne
ourselves to the precise circumstances which occurred at
ne n su Of s
recon to Beekman street. and was informed by him The
lad himself forward and substantiaes this fact So
to that she informed by others The Waterman tells
the same rac She stated that she inquired of him in
Broadway and he says that she did at the oLspe
nard when she came to this Cottage when
she made appeal to the Waterman for protection that
fact is proved by the watchman himself Therefore in
all these circumstances, she is corroborated by all
these witnesses brought from ABROAD Totally unacquain
ted with her and unknown to her. SO too when taken to
the wstchhouse there are fully by
the evidence of Dr. Maoomb and the matron the prison.
She also stated with whom she had lived, Mrs Mitchell,
Mr. OKey and Mrs. Moore, and all this was substantial
ments then she spoken and from this the in
ference hahe has spoke the truth also with respect to
the identity of the individual at the bar She also states
gentlemen that she was probably in that building about
hour You observe that all the witnesses the part
1.-THE Defence who were in the Cottage including the We
more than three four minutes there. Now the lad
saddler that when she asked Of him the way to Beck
the corner Of Lispenard Street. she asked the
question OF him sometime between and o'clock.
She herself says that when she got to the Cottage
about eight O'clock and the wachman who found her a
the outrage says that it was about quarter past nine
o'clock when he her. and when she stated tia. she
had lust then came out ofhe Cottage All this of course
strongly sustans the truth of her statement respecting the
time during which she was in the building And this fact
is great Importance in the examination ofhe character
ofthe evidence for the defence. So wide difference
exists between them few minutes and an hour near
y hour in which these individuals were thus engaged
in outraging the feelings and person of this Individual
must necessarily call your attention to the credbiy of
the witnesses offering such discordant testimony Then
the ready and unhesitating recognition Of the pr
by the girl when at the watch house. and her stea
dy persistence in it till brought the stand have thus,
gentlemen directed your attention to the prominent facts
on the side But you do not require be
reminded that the the part defence has equal
claims on your calm and disposition consideration and
feel that would insult you were call you to dis
miss from minds all prejudice all excited feeling and
to Judge AID decide only according 10 the testimony AS
equal Justice fully revered and admitted and as
respectable individuals think know you too WE'LL to be
under the necessity Of explaining the nature OF your du
tias No matter how excited may beno matter
in what glowing terms they may describe the on the
may dsort the testimony you to take and subject
it to calm unparalleled and impartial examination
becomes u.s. therefore, look the other side of the pic
ure. Let us what there is to sustain this prisoner
he be innocent God grant that you may see his inno-
cence and render unto him jnstice What then is sd
Courtney, who Is one Of your city watchmen, says
that after the girl made her complaint to him. he went into
the Cottage with her. and that she unable to recog
nize any one there having committed the outrage
her person. although the prisoner at bar was present
and shook hands with the Waterman. thus exciting the
girls attention to him This is favorable the prisoner
unless 1t be counterbalanced by the fact that the conu
sion in the girls mind at that moment have been
great az TO interfere with her recollection Then again.
while at the watch house she did not at first
Hatfield and Underhil but did on the ensuing morning
Thus testimony of Ostrander respecting the absence
Of the prisoner in his company during the preparation Of
the outrages before you Now gentlemen, there is
of two things either these witnesses all perjed,
the prisoner innocent is utterly impossible to
reconcile this testimony Nth his guilt Evidence has been
adduced to prove that the girls unchaste, and such evil
dence as forms part Of the res gesa perfectly admiss
BILE. woman who is aIprostiiute would not be very
worthy of credit in calling fer an indictment against
individual for ravbng her. because the fact of her being
prostitute evinces that she had repugnance to that
act which virtuous female would regard utterly de
structve of her peace and character You have heard
the statements counsel relative the character and
credbity Of these witnesses and forbear make any
additional comments. With this very succnct and fear
superficial view Of the testimony leave the in your
ougbtto remark that the part ofthc
defence evidence good character Of the prisoner