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


hghste of feeling that had been previously produced
her part He then commented the testimony relative
to alleged insane appearances of the accused and said
that from the testimony Of Mr.. Behrene himself
evident that she he had testified that she
in tears the afternoon Of the night the offence
mtted and he had also expressly sworn that when she
was in tears she was always conscious That the jury
had been appealed to fathers and broherswouh not
be as well to make such AN appeal in favor Of the
well as daughters and would not be well to extend
some protection TO men well women We had been
recently told that there $50 houses Of i'll fame in
one ward OF this city and reasonable to suppose
that rhere were l5,OO0 public women who lived by
prostitution, who would be licensed to commit mur.
der by the acqual CT the accused All they would have
TO do would be to follow out state Of facts similar to
those here presented and full license would follow TO
commit any offence He thsn alluded 10 The testimony OF
Madame estell and contrasted with the offer OF the de-
fence as she denied that she had Ballard the
accused before the trial That they had also offered
show that Ballard md the accused had interview
the evening previous to the assault when Mr. Behrene
had positively testified that she his house all that
evening That they also offered to show that Mr. Ballard
put up at Stewards Hotel in Newark, as Mr. Edwards
when was only proved that he entered his Bal
lard with the accused on the stage book Sparta.
GRAHAM-We offered to prove all this and can prove
1t now.
Mr. SANFORD then contended that if insanity
shown to exist two three days previous to the commits
sion OF the act did not follow that she insane at
the time it was committed He concluded with argu
men to jury calling upon them TO sustain the laws OF
the land notwithstanding the feeling that had been mani
Tested in the count room by the audencehat submission
to such feeling would be moral treason equally cupa
bic in moral treason against the liberties Of the
nation The two broad extremes OF the whether
she was competent to Judge of right wrong when she
committed the act whether she not This as the
test and the only test for the jury to decide He alluded
to the assassination Of Cors as supposed BY W.
man. who had been detected and said that ven
dict rendered in favor Of the accused prostitute
in New York would be turned loose to repeat the acts
which the accused lad been placed on trial.
The RECORDER then proceeded deliver the charge Of
the Court He stated that the assault of intent to mam
also murder must be shown be premeditaed lie
then alluded to the testimony of the case and said il the
jury were satisfied Of the commission OF the act from these
facts the conclusion to be drawn wasdii she intend TO
mntm he sttnn hath
| the instrument used such would destroy life;
and following that the nature. OF the wound. as
made evident from the blow given. Her after de-
ciarauons ne dwet upon as strong evidences OF
previous intent He said that no evidence had
ed for such position. He therefore would lay down the
principle that no provocation could justify any act where
time had been given to consider upon any real injury
offence Much had been said of mitigating circumstances
in this case. Such circumstances be received
in testimony before the jury but may be submitted to the
Court in mitigation Of punishment. In the matter Of
alleged insanity, he reviewed the evidence and
stated that the best rule for the government Of
the minds of the Jury was their own common sense view
Of the case, but that they should be satisfied that she did
not know between right and wrong on the commission OF
the deed or that she was violating the law Of the land at
time He then alluded to the point urged by counsel
for the Defence to the commission of the act having fol-
lowed sudden excitement her part which If they CON
sdered to be correct classified the offence under the head
of mansaughter which she could not be convicted
intent was not apparent in such view of the lie
said should be- from their q ws
the minds OF the court in all cases Of character SINH
lar to the now presented for their consideration
The jury then retired at O'Clock
The busy hum Of voices was apparent throughout the
dense mass and at eight minutes past nine heard
Of the officers exolaim-
"Make way-o rder--the jury have agreed"
They came into court and took their seats-all was
breathless silence.
RECoRpER.-When the jury announce their verdict,
trust that the audience will suppress any marks of a
probation disapprobation. ask this from them
ask it from New York audience a court of justice
should be held sacred and any undue expressions OF
ieelng should not be exhibited within its precincts The
Clerk will please to call the Jury
Characterization Of the Jury please to answer your
names1
| 1.-THE names called, and the jurors answered.
CLERK. Gentlemen of the jury have you agreed upon
your verdict
| FoREMAs.-Yes, we have. We find Amelia Norman the
| accused NOT GUILTY!
The audience, greater portion of it, here broke
forth in perfect burst Of applause which continued
until ended in three perfect rounds by stamping of feet
and clapping of hands, terminating in perfect outbreak
of expression.
Court rder-order- rap--tap-rap.
OrFIcERs-- Silence order-hush--keep quiet.
OLD HAYs-Gentlemen crder-You there, in the gal.
lery shut up and of the seats.
CLERK-(Much sgtated, and addressing the Court J
we have not recorded the verdict
neutrality-suspicious., until we can record
the verdict.
OrrIcERs-Come to order gentlemen, ifyou please
[Order finally partially restored although the
whole audience appeared to have risen upon their feet to
congratulate each other, and almost every
shaking hands with his neghbor in congratulaon ofthe
rounded by friends who anxious to tender
| their need OF praise for their services
CRyThe unfortunate girl has fainted--bring some
| water.
| OrFrcEns-W DISQUALIFICATION rs;
K-Order-Gentlemen of the Jury do you say that
the accused, Amelia Norman is not guilty and shall
| the verdict be thus recorded.
| FoREM,N-We say we find her NOT GUILTY
Another round OF applause here followed from the
dicnce-amids which the Court discharged the jury for
the term, and adjourned till this morning at IL o'clock
when several motions will be argued, but
| tried for the term.
| Common Council.
l. BOARD OF AssIsTANTsJan. 19.-The Board met pursl
Unit to adjournment at O'Clock.