The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-29

a' Tor others, and therefore, the unfortunate
position o The prisoner under the that sur
rounded her He then alluded to the effect Of rumor
newspaper publication and other Of excitement
which were created at the time until all eyes
turned towards the case. and which Immediately CEN
Tered upon me unfortunate risoner as soon as she
was arrested on mere suspicion Of the commission
oil the offence lie regretted its effect and il in his
power he would prevent the publication of every
relative to any nce until the jury had rendered their
verdict. They would show thai. mere rumor-Dot mere
rumor-but perfect witchcrat had form ed the basis Of
suspicion against her and that old MIR Van Pe the father
OF deceased had previous any suspicion falling upon
the accused, consulted s0oth sayer, or
and thus wa he con yinced nav satisfied that this unor
unate woman had committed the horrible crime Of
der He then alluded TO the opportunity given accused to
escape she had been guiity-the organization Of the
cret nvestig ating committee which he said was dis
grace to the Of justice and to all the officers OF JUS
ce in the counyand that during all this investigation
the accused renamed at the very of the murder
until the hour she told she suspected He then
to the law and common sense view OF circsm-
tatiai testimony laid down in Hodges in Grown
reports and which should govern the action of the jury
he jury must be satisfied not only that these cir,
connsd inv were ere Consistent with the prisoner having
So"eu the act but they must also be satisfied that the
iacts were such as to be with any other
IONA, mat the prisoner tie guilty person
ne theh Illustrated this position by several analogous
cases and referred to the fact bis stepping out with the
prisoner h Yesterday while she was temporarily unwe
OF her, and looked about another person passns
down the road resembling her He became excited ane
he heard the accused vomiting far end Of the prisor
hall In Illustration OF conviction upon circumsantisl
testimony he asked il she had then escaped would moi
any Jury have almost instantly convicted him OF
the offence although he had committed no actual guilt
After alludng the points of testimony Of thu
prosecution which he said they endeayored to esah
ish the theory that the murder committed by the
cnsed on Saturday night he stated that the defence wou
show that the deceased was alive Sunday morning
and therefore that the whole basis of the prosecution
would be tumbed to pieces. That the prosecution ha
the accused could have Committed the murder at no other
period OF time After describing tho course Of the test
mony relative to the accused ing the house
deceased Sunday the murder is alleged to hav
been committed he said the defence would show conc
bShv snS On her return after trying the door the Pre-
the family, as would have been usual such an occa
SION They would show that Sunday night the accus
ed was at her fathers househa she remained there
all the afternoon and evening-slept there ths
night in the same bed with her ssterin.law, MR.
Van Name, and in the same with her mother tina
to her usual occupations The baskets taken by bert
the city, which were usually carried by her they woul
show filled Sunday morning and renamed san(s
ing in the bed room Of the accused at her mothers heu
the preceding testimony that the offence was not comm
ted by the accused on Sunday night and by satisfying III
jury that the deceased was alive Sunday morning tn
accused could not be guilty of the offence the theor
Of the prosecution based upon any thing like tuf
As regards the possession of the property that the prose
would show the gelG watch to have in other hand
and in not those of Waite on the very morning thu
be made manifest from one of the verv witnesses. sa
by the prosecution before the preliminary examination
to satisfy the jury of the identity Of n
accused he would show to be unfounded and without be
paWnDrOker AdOlDhtg
double face-Gotze on one side and Adolphus on III
otherand show the jury by testimony that he had ru
away from Berlin TO escape that justice that Their
awaiting him-such witness was therefore not to b
believed did he think any pawn broking Jew vast
be believed who refused to take the oath OF his faith
giving testimony in case where his interest to b
effected by the result They would show that the motive
i motive there was, ofhope OF obtaining possession of TIL
$1,000 talked Of by the commission Of this murde,
could have no application to the accused as sh
knew the money was not in the house Of deceased
no mOti
cept the possession OF property worth some $50 81
deed They would satisfy the jury Of the kind relation
ship that had always existed between the accused an
deceased and the love and affection of accused thu
deceased child The learned gentleman contcnded hs
this testimony would present such doubt no jnr
could unravel the mystery that surrounded it, bring
was one OF those secrets that nough but the nscruab
eye Of Divine Providence could reveal at the last day
Of deceased on Sunday night. they would show tina
the accused had urged her sister, Mrs Van Name
to go over and sleep. with the deceased, on thai
very Sunday night after the prosecution aege the
murder committed. He then alluded to the lett,
found on Waite that is alleged have been by the
accused and commended that the translation OF tho
letter If any could he obtained that she requested
Waite to hide the writings which the notes OF evi
dences OF his debts to her. and not TO hide any things
rs alleged by the prosecution Her object in making this
request as to prevent their while the officers
searching the house. and thus avoid suspicion of
her close connexion with Waite. He said they should not
admit that any murder had been committed but that the
fire in the house must have been burning for hours
before it was discovered. He would show that the
drawers OF the bureau containing the jewellery
the when they endeavored to satisfy Inc Jury
that from this disclosure the ewelry must have been t.
ken by member OF the family. or acquainted
with the remises the two boxes that the prosecution Ill
ege were not in the drawers the time of the fire. but
were afterwards returned they would show in the
bureau and present them the evidence by the marks of
the figure and size OF the boxes the drawers
rounded by the blackened smoke of the fire. As to the
forming the chain Of ccumtantia testimony agsint
the accused because not blackened and therefore
must nave been returned by accused alter the fire was
dscovered they would had already been shown by the
prosecution satisfying that the accused
seen near the house at the house the night the
hre and therefore that she could not have been
VINO returned the bundle. He then closed with forcible
appeal to the justice OF the ury by asserting the theo
oil the defence that the murder committed on Sun
day or Monday night, and not Saturday night That
the deceased was alive Sunday morning. aud the
ed not out Of the house Of her mother on SUNDAY night
nor on the Island the Monday night the night they
assume the murder was committed if il not commit
The court here took recess Of an hour for dinner
AFTERNOON SESSION.
TESTIMONY
ne DISTRICT A1IoRNEy asked that the witnesses OF
defence pe excluded IRON the Court room during the ex
animation OF testimony, and he called in at time
The counsel Tor the defence objected such order,
as the prosecution should have made the motion before
they their side OF the case then the rule
would have: born equally
The Court concurred with the defence, and allowed
HErRy KnoEnI then called by defence and sworn
chel formerly lived in Berlin and in the employ Of
Brothers Reinardt Wagner, bankers lett four years
ago
Q-Did you ever know person by the name Of Aaron
Goethe?
Ayes sir-here he is-this is hm--(great excitement
and ell eyes on Aaron Adophus the pawn broker of Will
J. . stree q g s ne of the witnesses for the prose.
cuons who sat near " tness)-h 1ealer in cloths
Or cletk u sDre; he was in business and obtained
credits his general reputation when he left bad he
was fraudulent bankrup he left Berlin four years ago
j, Q-Have you government proclamation to that II
feet 2 =
4 A-Ihave
The prosecution objected to the introduction Of the
proclamation, and the court ruled the testimony out
Q-Have yeu the signature of this man u AarIa
Goethe n -
A-Ihave i
The prosecution objected and the Court ruled the paper
out
Mr.. MORRISON here offered the government proclaml
ton against Aaron Goethe in testimony, in which dts.
crpton given Of his stature hair and general appear
- T. =
The prosecution objected and the court ruled the te