The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-17


Court OF Oyer and Termincr.
| Before Judge Kent Aldermen Woodruff and Emmons.
JAN l6.-The Murder and Arson Ia BioadDGy-
Owing to some motions which his Honor Judge Kent
compelled to hear at the chambers the trial Of Leitga
was not resumed this morning till IL O'Clock The pri
soner brought into Court nearly hour previous
He took seat by the stove the upper end of the room
and talked to several persons who permitted
him before the assembled During the whole of the
proceedings he has maintained the most calm and equa
Bile department looking constantly witnesses, and
hardly ever communicating with his counsel
The court room has been full all day but not so dense
ly crowded we have seen it on some previous occa
| sions.
| The following is the testimony adduced:
| Dr. PUTNAM examined by District Attorney visited
the house of the prisoner after the fire. and the body
of the woman lying on the cot with good deal Of feathers
and stuff underit 1t describedby Dr. Rogers;
rothy about the mouth; the feet and legs
burnt badly; the muscles burnt off the left leg
the most charred but both considerably burnt the
brain was healthy and not congestve; there but little
fluid in the bran we next examined the lungs and the
dsended with Blood the right side of the contained
blood the left side was free; we found about wine glass
| full in the right
| JUDGE KENT.-Was that a large quantity or q small
quantity
wIrSEss;-Not very large quantity; we found The
heart and lungs healthy should say we examined the
stomach and abdomen; the lower part of the stomach
examined entire next the pelos vscera and the of
the womb in the stomach about half wine glass full of
gastric juice that nothing than ordinary and
upon the WHOLE should say it was a healthy stomach
we examnedfor ntemperance particularly, and found no
traces they would have appeared III the stomach, liver
and BRAIN but could not detect it, If the person had
died during debauch, and had not been habtua
drunkard should that could have detected the
traces OF it, should also expect to find the countenance
changed; it would be full know of no from my
observation in which drunkads have exhbited there
is uniform difference between death from strangulaon
and from sufocaton; in the former case find marks
the throat the tongue protrudes below not strangu
iaion generally produces apopexy death from suioca
ton arises from drawing or placing wet cloth over the
could not tell what produced death from the ap
pearance of the body: If found person dead in the
street. should take it that it death from noxious
gases exhibition in the body externally in.
ternay which would account for the cause of death with
that she died from suocaton. pillow might have been
used, and it would leave mark or evidence,
| DISTRICT ArToRNEY.-Now as to the burning was the
fire communicated before after death
| WITNEss.-The fire must have been communicated
after death. have no doubt on that subject.
Cross-e-amined-I have been in practice in this city
seven years and have attended post exami-
nation in the last year. and three four before that One
tended ono before OF person who died OF
This womans face was calm easy, and natural If the
or less congestve The blood in the lungs dark and
of fluid character the liver healthy, but DR. Ro-
gers examined that more particularly witnessed
the post norton examination of person who died drunk
should think this woman had not eaten Tor six eight
is devoid Of food should decline giving any opinion
to the possibility OF person dying from nhang alcohol
In death from hanging, congestion of the brain exhib
ted afterwards. The protruberance Of the tongue in such
cases depends on the position of the rope. Suffocaor
may arise from accident it is frequent in the of in
ants who get in position from which they are unable tC
extricate themselves it is not impossible that person
beastly drunk might do SO it is probable, but never
knew of such case drunken person could make al
effort to extrcate himself; in of death from noxiou
gases the tongue less pro uded and
frohy mucage appears about the mouth In case of dealt
from ordinary suocation, the protruson of the tongue
| not common.
5 Q-Do you know of any on record where it wa
found 2
Al do not recollect of any.
Q-sit not impossible to tell from post morten
examination, if person died from suocation not
Alt is very difficult if impossible tell withon
taking the surrounding circumstances into Consideration
Q.WLat are the distinctive marks of burning befor,
A.--Bsers and red line which is very perceptible
should say bsers always eore and very seldom aite
death; never recoeco of any and think they don't
sti don't think the red mark disappears after death II
sulocation by violence the marks thereof might remain
| The DISTRICT ATTORNEY here said that he propose,
to show by this witness that two three months before
death of the wife the prisoner had made threats agans
her. This the point laid from last night. Thu
! | learned gentleman cited several authorities.
Judge KENT said he wished to have the precisei word
Of the offer of the public prosecutor.
The DISTRICT ATTORNEY said he proposed 10 prove by
the witness that before the LIST of July the prisone
cruelty beat his wife, and stabbed her under threat
, kill her.
Counsel for the prisoner here inerfered and did no
wish this offer made before the jury.
The DISTRICT ATTORNEY said he had stated the worst
it, He also proposed to show that during that month sh,
did not live with him. That they had frequent quarrels
That she made complaint at the police Office, and that
her instance, the complaint was finally discharged the
| 10Th September.
Judge KENT, in delivering the opinion Of the court
said that the offer of the District Attorney included
if not three thngs-frst threats the part of the prison
towards the deceased secondly train facts to show
that he beat and stabbed her. and that she
the police then their separation and final reunion the
10Th September lastly the fact of their living together
again. we think the beating and stabbnp being dis
nct offence for which he could have been indicted came
Thin the rule laid down by Rssco that Indictment
for murder not competent to prove another ndcta
BILE offence IL the threats after the parties
geher, then the court would be inclined to admit them
The quoted by Alison in his reports OF the Scotch
law, differed from this there the parties strangers
and not like and wife, who might quarrel, make
of threats and have opportunity of making combination
The court would therefore limit this testimony to the time
subsequent to their reunion which was said to be about
the 10Th Of September.
Examination Of uness rtsuned by DlsrRIcr ATroR.
t"di you Nn'" 'n' these parties were ''para
Al know that she lived in one place and he in anothor
this was two or three weeks before her death that they
came together again.
Q.-Do you know of any, quarrel or controversy be
tween them during the period they lived separate
heard by the court the whole matter then before IT,
Judge kent said that the court in Scotland had limited
this testimony to fortnight before death And in this
he should say that If the evidence admissible
all twas to be limited to the time after they ogcth.
or, when they had opportunity Of making condonaton
| Counsel having been hcord again,
Judge KENT said the question be modified into any
threats that he Ind heard
| The WITNESS said he had heard of no threats
Crossefamined, first time called after their
union thought she was under the influence liquor;
| the subsequent times, thought she was not
| Q-Was the gastric juice carefully cxamnod1
AAs carefully could be without chemical tests
| could determine for certain.
| O. by Judge KESrYou say she wos n peculiar woman:
what do you mean by thatl
| WirNEss-Why peculisr-very strange in her manner
and talk
BY JuRonIn of burning before DEATH the rcd ap
| pearance would remove.
By PRpoNERs CouNsrLI do not believe that the burns
on the legs were sufficient to produce sudden DEATH and
have known OF persons to have been burnt worse and
have recovored have known persons be burnt while
state Of Drunkenness by falling into the fire. or their
clothes catching fire. in such cases they have been burnt
about the chest and abdomen person might catch fire
and be uiocaed by the smoke and the body continue to
burn after death; but person lying in horizontal posi-
ton, with the feet catching first would not be very likely
| to die in that way.
| By DISTRICT ATToRNEy-Suppose the fire was communi
Gated first to the feet could person sustain the burning
| Of the feet and legs and live