The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-18


very strong impression that there hole in the
floor near the cot about foot from the stove; but the
from It's position when he it. The witness (aiter
argument upon the admsbiy of the question: said the
deceased amabe woman when sober, but when
under the influence OF liquor she was the most excited
person he ha known.
Crosseramined- witness saw her in his Office in
these excited conditions appeared be under
fuence Of something else than uor she became excited
indeed, very easily, that times witness doubted
whether she was sane She ceased to complain OF the
treatment she received and then she became eAcited
yer Knew her to complain OF any injuries she had recev
ed from any one.
HESnY HAcGEnMAs produced plan of Mr.. Kings pre-
misses IN connection with Leitgas Witness was IN the
service OF Mr. King the Goth Oct and at half past six
that morning heard OF the fire. Went into Mr. Kings
shop and found safe; looked then Leitgas and
the woman dead; went then to Mr. Kings house. at IA
quarter past seven, and mot Leiga Broadway told
him his house burned and his wife dead he sighed
and said in German o. Lord, what is this " and he went
towards the store.
Mr.. FREAm here recalled, and he said that Rely
time he removed the pillow and he ad
hered to his former testimony to the position OF the
pillow upon the head OF the deceased
Crosse rained-Did not the body till after the pill
low was removed.
MATHEW w. KING, cabinetmaker of 1861 Broadway,
said he had known Lega and his wife iron the LIST May
his workshop sepai from their back apartments by
boarded PARTITION and could hear the conversation which
going there's thinks he never saw the deceased So
Der; she sometimes very much intoxicated and her
passion outrageous; had heard her cry murder,
robbers thieves vocerously when person near
her; Leitga quiet sober and inotelsiye
saw him affected with liquor.
Mr. WARNER then stated that he had only one more
witness to call on the part OF the prisoner, do
nestle in the family of Mr. Draw Broadway but the
lady OF the house refused to allow her appear although
she had been subpnaned
Judge KENT ordered officer to go for the witness and
directed him to bring the lady also she still refused to
permit the domestic to obey the subpoena.
Mr. WARNER said he would mention the circumstance
which intended to prove by this witness in order
to ascertain whether the District Attorney would admit it
was thishat at 10 o'clock the Saturday night
ga delivered coat himself to the girl at the residence of
Mr. Draw; the District Attorney would admit this the
Court need not be delayed
The JUDGE said the District Attorney not
rily called upon to admit 1t.
The DisrRicr ATroRsEy observed that if he ad
med the fact to be sohc did not its importance upon
the other side
Mr. BRApy Oh we will be the Judges Of its importance
upon side
The Dsrnlcr ATTORNEY then proposed to recall DR.
Rogers which was acceded to- the question he put to
the Doctor whether he had not examined cases i'll
which death had been produced by ungovernable pas
| sion.
Mr. BRADY objected on the ground that the Doctor had
already been examined upon this very point and his
answer was that he knew OF such cases, unless they
| were accompanied by organic disease.
Dr. ROGERS said this the correct answer.
The DsrRIcr ATTORNEY said this all he intended to
i ask the witness
| The Court then adjourned till five o'clock.
| EVENING SESSION.
ELIZA LYON the female referred refusing appear
called and she said that about 10 O'Clock
turday evening previous to the fire, she received coat
for Mr. Draw, from gentleman, who brought it to the
front door, She di know whether the prisoner was
the person The prisoner here his hat and cloak
and the witness persisted that she could not tell whether
he the
| This closed the case on the part of the defence
The DIsrRIcT ATTORNEY then called rebuttng testi
| mony,
etgas nremises and was in the habit ofsecnp the de-
ceased twice or three times week from May TO October
Cross, ramu,d never seen the deceased staeeer
ing in the streets from hence he inferred that she
| ber
| HENRY DRiSKEn said he had known the deceased for
three years for the last eighteen months had her
| cateJ ~ ~ ~ 49, ~
Cross-eramned-Isa police officer became first acquant.
had her locked up does not recoect whether he ever
saw her when officer stokley was present. could not saw
he had ever smet her breath of quor her clothes were
neatly arranqel never saw her drink or go into anv
place to drink shs had no of inempernce
about herr believed she had been charged with drunken.
ness Stokeey had been an officer the whole period that
| witness had been.
The DInIcr ATroRSEY then proposed to call Justice
Stevens who he understood could give very important
testimony in relation to the both of the
| and the prisoner
Mr. BRADY warmly opposed this course of proc eeding
| and some sharp disc on took place
The CouRr allowed the District Attorney to call Jus.
ceased for some months before Ler death during which
time he had seen her once week Saw her at the poce
Office Never saw her intoxicated but she appeared 70
be uuder the excitement of liquor Had never seen the
prisoner affected with liouor THE deceased was very
iraLat;,. and in ons or ,,o ist,ncos L Lad 49,, w.!
breath of liouor
Had seen the deceased when she was
| perfectly sober but not very often
| MIR RAINY then summed nm for tho nrisorer com
mencing by an apology for the want Of preparation
| This
Ioint of view whether he we're yuiltv or Innocent Il
was case involved in inexrcable mystery from begin
ming to end and it presented none of those crc,,m
stances of certapty under which any inst man could
consent TO take away the life of n fellow being II de-
pended upon circumsianta testimony which he agreed
with the District Attorney ought not TO he altogether re-
ected but if the District Attorney depended upon il ex
clusively he did TO the law II was dangerous
species of evidence although from the nature of things
must some extent be received in courts of law How
many innocent individuals had been dragged into court
| and even to the scafold nv the force of citcum.
stances, which at the time they were unable TO
| explain but which afterwards had been ex.
planned and the innocence of The marty nroveJ VIZ,
the allegation against the prisoner in the Indictment
1t that he had smothered his wife and if the Jury
were satisfied Of that fact thev must 6nd him ouil, ~
murder They must commit him either of that horrible
crime or acout him altogether of the accusation tbev
could not reduce to manslauqher Nav he contendea
that the evidence Cor the prosecution was by no means
i ~, -