The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-18
General Sessions.
Before Recorder Tallmadge and Aldermen Purdy and
Aa..l ..u...

JONAS D. PnriLIrs Esq Acting District Attorney.
WEDNESDAY Jan. i7.-Itid Of .4aieiia Norman for ifs
saul, and Battery ufh Intent 10 KiA Henry SBaiard-Long
efore the opening of the court the halls vestbues pas
sages and steps of the Tombs swarmed with anxious
and excited multitude eager to hear the interesting and
peculiar testimony expected the part the defence
The court Immediately crowded to excess as
soon as the doors were opened and the busy hum OF
voices discussing the character of the offence con
unued until the members of the court had taken thei
seats The accused appeared and was seated yester
day. near her counsel surrounded by tho Quaker lady
Mrs Hopper and several Their female friends also he
active supporter young Hopper. Order being restored
Mr. CARPENTER, Tor defence proceeded to call the wit
nesses subpGnaed in behalf ofthe accused All answered
except Madame Restell who not appearing he asked fo
an attachment to compel her attendance, which wal
granted. The defence then called
WILLIAM CALENDER, who sworn i reside at No
10 Duane street. of family and clerk in the 20
lice department; know Amelia Norman, the prisoner at
the BAR have known her about six years. she resided in
my famiy she became member OF my family in May
1885, had known her previousv she had previously
sided with another family in the same house; know
Henry Dallard the first time him, to know him
was at the police office; | had seen him before In tht
street.
Q.-Have you seen him here this day.
A.-Ihave-I think he sits there on that platform.
The prosecutor objected TO his being pointed out ant
the Court told witness he need not point at him.
Q-What was the conduct of Amelia Norman while In
your family2
The prosecution objected to the question.
Mr. MoRnII for defence then said that they might as
well meet the objections OF prosecution at once lie then
stated that the defence prepared and offered TO
prove that the unfortunate accused had been seduced
ceedng to sustain his position when Mr. S,NDfoRp for
prosecution, claimed the right to open the objection
which granted. The defence then stated that in adj
dition TO the offer made OF the seduction they also propo
ed 10 show the conduct of Ballard towards the accused
from his first acquaintance with her to the very night OF
the commission Of the act for which she is now on trial
Mr. SANproRD denied the legality of the admission OF
any Of the testimony offered by the defence and proceed
ed with able argument to sustain his position lie con
tended that the testimony offered did not tend to show
diseased state of min the part of the accused and that
without such evidence the existence OF delusion in
sanity could not exist lie objected TO the admission OF
any acts conduct of Ballard relative 10 the accused
previous to the evening which the offence was COM
med. That nothing but deluson and lunacy could be
offered for criminal responsibility and there
fore actual grievance, such the defence offered to
prove could not Justify a crime lie contended
that il the accused could design such an act and had
knowledge Of its responsibility, she guilty of crim
nal offence, and must be subject to Judgment lie read
review of the of Singleton Mercer tried at Wood
bury, ~ j.. for the murder Of HebeTton contained in
the American Law Magazine for the present month, in
which the question Of admission OF testimony tending to
crime from mental alienation the part of the
accused extensively argued He also quoted from
Colinson's Law of Lunatics TO sustain his position,
JoHr A. MoHnuL, Esq. replied Tor defence lie con
tended that they had right TO Introduce every particle OF
testimony showing the intercourse and acquaintance be-
tween Ballard and the accused That il was by such evil
dcncc alone that The jury could arrive 1T any conclusion
to the state OF the mind Of accused AZ tie time OF the
commission of the net That in addition To This such es
tmony could alone show the 4" intent 20 kiln and the
motive that prompted tho accused That the " intent"
dent the jury and the Court by the circumstances that
preceded H. lie then alluded TO the remarks Of the
sci Of complainant, in opening the to the jury in
which he charged her prostitute before the ncquant
ancc Of Ballard formed and then clnmcd that the
counsel hnd thus travelled ont Of the record Of the
opened the door for the defence introduce testimony to
alsify such allegation and show that she had been
duccd and ruined by the author Of the persecution who
up to this time appeared had been ashamed TO pub
lcly show himself in this court but had skukcd behind
the stove Pipe where he stood Great applause was
here made by the audience which quelcd only by
the instant calling to order of all the officers and crers OF
the Court) The learned counsel closed after citing
analogous the trial of Stewart for the murder OF
Boswell in duel rs contained in SCOTS Law Report OF
1871.
Dawn GnauAu, Esq. followed for the defence. lie intro
duced copy OF an eNtn Of the New York Herald" con-
tanning the trial Of Singleton Mercer for the murder of lie
beron and took the position that was pursued by
Cen Wall in that case where testimony was offered and
allowed to be presented showing MI the previous cTcum
Of the transaction for the purpose OF satisfying
the jury to the state Of mind the accused at the time
he committed the offence for which he wag tried The
learned counsel stated that they would show the part
the defence the very time he had educed the
unfortunate accused, he keeping "A woman whom h.
adj also seduced who bears his name, and by whom
he had several children various periods He said thp
the refusal the prosecution 10 bring the complainant on
the stand show the character of the conversation the
interview betwe him and accused, at the time OF
the commission Of the offence, compelled the de-
fence TO show, by other testimony, the character OF
her mind at that period in order to satisfy the jury OF
existing deuson, the prosecution had termed Il eel
The learned counsel closed with able review OF the