The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-07-04

upon which the inference is founded sufficiently es-
tablishedsnd secondly upon the question whether as
sumng the facts to be fully established the conclusion
correctly drawn from them, less than the doubt whether
in the Of direct and positive evidence the witnesses
are entirely worthy Of credit He then review
ed the evidence given by prosecution and defence,
commencing with that Of the physicians who had
70 the 2, ns He argued
that the finding of the gature Of the arms OF de
ceased and the wounds above that
blood evinced conclusive evidence that the death OF de-
ceased caused by violence and by accident That
the piece of skull belonging to the child the hair and
satisfy the jury that she had also been murdered The
fact that fire found in he stove at the time the
striking point show that no accident could have pro-
duced the result He then alluded to the mysterious
finding Of the clean unbacked bundle Of clothing in tn.
house Of deceased as Of the most extraordinary ana
mysterious points Of the case The next and most i'm
pcrant question fol the consideration Of the jury was
cused and whst the evidences of this fact II
had been proved that the slept at the house
secuon had alleged that the murder was committed
that night. For defence Of this position it had
on Sunday morning but the Correctness Of such esmo
ny must be left to the Jury for their decision The tes-
timony OF witnesses who passed the house on Sunday
Of smoke from the chimney and similar testimony,
was before them this point The main question
for their action was whether the accused was guilty
of the act charged, not, and the strongest tes.
mony this point the alleged pawning OF
che se On
point Of the case; and if the jury in doubt Of her
being fully and clearly recognized by the pawnbrokers
they could not find verdict Of conviction He then re-
viewed the testimony Of the several pawnbroke,s who
had to her identity and in auding to that Of
Aaron Adolphus who had received the gold watch but
whose character had mPeached by defence he said
that his testimony woHd have received little credit
were not confirmed in some OF the material points by
brokers who recognised her were unimpeached, and
therefore their testimony to be received sound
Anrt xr~to ruod v0
that Of the whereabouts of accused Monday night the
night of the fire. Thisknowledge ha said was alone in
PLANTATION in the testimony for her defence. TT
evidence of the two colored persons on board til
steamboat at Quarantine, who testified to her pre-
sence on Tuesday morning, and her sudden absence
on the Saturday evening following, he presented as
against her. but introduced the theory of the Defence
this sudden flight and conduct He then alluded to the
position of defence that the knowledge Of accused rela
tive to the place Of deposite Of the $1,000, showed
clusively that there no adequate motive to induce
her to commit the act, and that the whole value
hnsed dollars, the sa1s
sufficient temDtaon for her to have been the
author of the horrible offence Of which she stands charged
On this question he said that honest mind would deem
amount of gain degree OF revenge adequate
motive to the commission of murder and in proportion az
the mind less honest and the heart depraved
less potent motive would prompt the He then allu-
ded to the connection Of accused with Waite and her ILL.,
cit intercourse as fact for them to draw their own
duced in that Of the accused After abiding to the test
mony of the mother of accused the point of supplying
her with the necessary money for ordinary expenses
as contrasted with the evidence of Simpson, the
pawn broker, Of the application of accused at va
rious times for small loans, and the Withdrawing
Of articles pledged by her subsequent to the time this
offence is alleged to have been committed, he
passed to several other minor points of the testimony
given both sides leaving conclusions to be drawn BY
the jury In closing he urged them to guard against oil
popular prejudice and to naught but the proof be-
fore them That satisfied with that evidence Of the guilt
of the prisoner it their duty to return verdict Of
guilty but if there reasonable doubt Of her
innocence she was entitled to acquittal He urged
the Jury to remember that they had nothing to d
with the consequences resulting from a conviction
satisfying their of The honesty of their
verdict That in forming that verdict they would find
that justice though slow would be nfexible-tha It
seeks truth and guided by it, and that in their decision
naught but truth and justice should be placed in the
scale for against the accused He concluded after
plying about hour Of the time of the by urging
upon the jury render verdict the public interests
demanded it at their hands, il it possible for them to
arrive at any result.
Mr. DEWfTr one of the counsel of accused. rose and
said that they satisfied with the charge, but desired
that the principle that two doubtful circumstances could
not establish one fact.
The JupeE said that he had charged fully upon
that point the commencement which ncceded to
by counsel for defence and the jury then placed IN
charge OF officers and retired their room for consnlta
tion about O'Clock
Soon after retiring, John Laforge Of the jurors
was taken with cramps in his stomach, and ply scian
was called in to aid him with medicine
The jury had not agreed at o'clock this morning,
when our express rider left Richmond.