The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-20

professed to be in the language of the Counsel for the
prosecution His name then should stand thus-Henry s.
the cowardiy philosophical seducer the abandon
Cd prohgae, who after having DESTROYED the virtue Of
an unhappy woman, left her; threw her off, prey to
want in poverty and in distress Let the jury look
though only for moment, upon the evidence in
the case and say whose situation they would pre-
o Ger that ~ , IN h to be in that Of the prisoner
ing was concerned rather be in that of the poor girl at
bar than in that of who had destroyed her
She had been pucked by him like flower in the bud
and she stood before the Court the weed that he had
made her For moment let the jury look ut her as
thirteen months DID, the offspring the legmate offspring
Of her coward seducer who dared show his face Let
them remember her childher child waiting to be
returned TO the arms OF its poor mother and she broken
down in her heart destroyed in her peace but not vet
thank God utterly blasted in her hopes Look for in
slant at the testimony OF her history Her sedncer
when she just started into life. He became acquainted
with herr he associated with her. he went With her in the
evening" to gardens and theatres and finally in the Ian
guage Of the prosecuting counsel to house Of
He there seduced her. The learned counsel then desc RI
bed the conduct Of the prisoner at Mrs Moores house
after leaving Mr. Caenders, where she became in the IA
mly way by Ballard about which time some pills we
purchased from Madame Reste by which Ballard pro.
discarded Mrs Ballard MOL. 1t was at this period that
her mind began to be affected. Reason at that time
had abdcaed Its throne and it did not reassume its
sect who polluted the community with his presence and
poisoned whatever he touched The testimony Of Mrs
Hurley next passed under review. She told Mrs Hurley
she had no home How true was that remark when
virtue was gone! She had poor mother to whom she
could go and say, Mother have been seduced have
been ruined-can you again take me to your arms and
forgive me % She had who could put forth her
hand and say YES, daughter, come !" She had father
she could speak to, and ask to nvenge her wrongs
brother to say 81 will take your into my hand" She
had no help whatever her virtue was gone and she
late have no home" Let the jury imagine the scene
the poor girl upon the stoop wandering in the evening
dor ne Of finding b place shelter her . and
then returned to Mrs. Merriam, who satisfied some
thing was wrong with her and during all this time not
one word could be said against her character Mr. Moe
then noticed the testimony Of Mrs Merriam who spoke Of
the prisoner having pptic fits and also that of Mr. Cal
Calender, who gave similar testimony Referring to Mr.
lenders evidence the learned counsel warmly commended
that there was during her residence there mputaon
against Der character virtue upon the contrary she
was az pure as the undrven Instead of going to
theatres and places of amusemens she in the habit
Of going regularly TO church with Mrs. Merram's chill
the opening speech of the prosecution, that she
was prostitute Counsel ought make such alega
make charges Of that Kind and the defence had not at
tempted to refue it, because they had tracked her little
life from the time she IS years DID, and they would
ask what proof there of any suspicion doubt of her
vrtne in the meantime Charges of this description could
be easily made by Counsel who beyond all question
instructed and paid by Ballard the philosophical
The man who, when he tired OF giving money
to the woman he had ruined, came forward and
employed the first Counsel at the bnr-for what pur
poser Why as he could not nure her in way it was
necessary to get at her in another and therefore he asked
the jury to pass verdict of guilty upon her. in order that
of New York Let me, exclaimed Mr. Morrel tell him
he had better go to Texas as quickly possble(Some
applause here manifested itself among the auditory which
was instantly rePressed) Every man of virtue and
honesty, If he saw him talking with a respect.
able female would at feel i to be his duty as
good Citizen who observed the laws of God and man.
ask that woman she knew with whom she talking,
and tell her, Madame, you are walking with vile and
the expression to his friend upon the soop Of the Astor
House, that woman is coming up again." or in the lam
guage Of the prosecution, 90 off and live other pros
titutes do" felt as the poet says
woman to cards may be compared we play
round or two-when used, we throw away
Take fresh pack nor il it worth our grieving
Who cuts or shuffies with our dirty leaving z"
The learned counsel then proceeded to examine in
derabe DETAIL the remaining portions Of evidence,
tending that to the time Of the alleged offence there
mind being affected by her misfortunes. The whole Of
her dcmean0r in the Asor House. both before and after
the occurrence which lie to this Indictment exhibited
the same and her subsequent conduct in the gao pat
cnarly the distressing attempt she made commit sui
eide showed that she overwhelmed by her suferings
The evidence on this point showed conclusvely that she
was an insane and he declared that he rejoced
at Providence having ntcrered to her completing
the attempted suicide because was the means of bring
ing at least scou:drel before the public The picture
which the learned gentleman drew of the condition of the
prisoner Ill her cell sketched with great power and
port his language He pleased and delighted that the
jury had got Henry s. Ballard before them although
s. Ballard was not upon his trial Virtue was upon lis
trial now, and the jury the judges. Yes Henry s.
Ballard was upon his trial. and rot the prisoner Here
very powerful appeal addressed to the jury fathers
brothers and citizens Could they say upon their oahs
that the prisoner was guilty guy al ALL in the
both Of the law and the fact lie would conclude his
address by citing two conpels from work which every
body knew. They had been put into his hand by his
learned friend Mr. Ducher with request that he would
read them, as he like the rest of the community felt
great interest in this trial. These lines would tell the u
in prison. when the order was about to issue for her
to come forth and he tried though probably without know
ing them -:
'When lovely woman stoops to foly
And finds too late that men betray,
What charm can sooth her melancholy
What art can wash her guilt away
The only art her guilt TO cover
To hide her shame from every eve,
To give repentance TO her lover,
And wiring his bosom-is to die"
Mr. MoRRELL then resumed his seat, amidst consdera
Bile applause from all parts Of the court
JONAS b. PHILLIPS, Esq. acting District Attorney fol.
lowed at about o'clock lie confined himself entirely
the testimony bearing upon the and the
to be drawn therero lie concluded very able speech
at o'clock by reading from the Extra Herald an extract
from the charge Of Judge Elmer in the of Singleton
Mercer as delivered to the jury that celebrated trial
Dawn GRAH.M, Esq. followed. lie dweN with much
force on the point Of intent in the commission of the al
legged act and contended that unless existed and
made fully evident to the jury, they could not convict
Also TO the state Of the existing laws making seduction
only violation Of civil law, and punishment alone by
suit for civil damages and argued in favor Of the
OF enactments making the offence punishable by mpri-
sonmen and fine, On the point Of intent the learned
counsel argued that If the ssbbing took pac.
den collision between Ballard and the accused the crime
came under the head OF manslaughter and therefore
intent was made evident and they could not convict
der the indictment. He dwelt with much force on
the refusal Of the prosecution 10 produce Bal.
lard on the stand, as he alone could show
sion Of the act, aud thus show the intent II any existed
He contended that the transaction itself evinced the
strongest evidence that sudden struggle have been
produced retween the parties nj the steps Of the Astor
House, MS they had walked down Broadway to-
gsther and she had intended to commit the oct char.
ged, she could have selected tho open street
and not the entrance to q public hotel where
detection must have been certain He then proceeded
comment nponfhe evidence asd ,r,icnlaiyhs that poT
action as proved by Mr.. Bchrcne In whose family she
then resided as also her subsequent snd
as shown by DR. MCready. lie conrrded most
ly, and stated that female Of much literary attainment
[meanng Mrs. Chds lwes in the court room and read,
waiting to take her 10 her house inmate as soon a.
the jury should render verdict Of acquitted
1t being O'Clock the Court adjoumed 10 hnlfpas,6