The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-20
General Sessions.
Before Recorder Tallmaige, and Aldermen Purdy and


General Sessions.
Before Recorder Tallmadge, and Aldermen Purdy and
Rawson.
FOURTH DAY.
JAs ioTsiai Of .fasis Ner~ss for .fssauaf and bat
i,ry sf. Ia,,Hi 70 Ma Henry ballard The trial Of
crowded AS upon the previous days and the excitement
both within and without dad not appear TO nave aps'ed IN
Tho names Of the Jury having been called over
The RseoxDss, who spoke with more than his usual
emphasis said that on the previous days OF this trial there
exhibitions OF fse upen the part OF the auditory The
Count trusted that would lie only necessary. in order
to avoid such displays Tor the future, mention that
both decsncy and proprsty required that perfect order
should be maintained. because when the proc ceilings
were interrupted either by tokens OF applause expires
sions OF Misrepresentation. the tendency Of such conduct
was DECIDEDLY bad. livery member of the community
must preserve order; the Court publicly announced
that they would preserve ORDER however painful the
duty might be- and II individual offended against
those prophecies which ought observed by every
one an court OF justice, by expressing either approba
tion or indignation, would be Immediately taken into
custody and committed forthwith Conduct Of that sort
would not be PEI mited-a notice. which he would re.
peat for the benefit Of those who disposed to offend
against regulation SO saiutay and SO preservave OF
order.
joins A. MossELI ESQ., then rose and said that before
he to up for the prisoner he wished to ask
the counsel for the prosecution whether they had any
point Of law to add to their case
MIR. sANpyomp.-Ao; think the question Ia pure
Mr.. Mo.nrLI-iOa depend. then, for going to the
ury upon the facts only
Mr.. sAsproRp.-You may examine such law you
Mr. MoMNrrl then 20 address the court and
jury for the prisoner. The Introductory part Of his
SANITY their effects ",r ,h caod". Of the osrty and
their modes Of exhibition, drawn Paris and Fon-
their verdict and inernre n sssny 81 the witnesses
by the rules Of medical jurisprudence which those emf
which thew nromuIyated In rs,a,on ,o the of in.
sanity he remarked had relation 70 part OF the estimo
ny which was offered last evening The diction was
q fv Uht bp llv
some cases more sotisiacorv asahshaf or disorovea
by witnesses not OF the medical pofesionthat was BY
PARTIES who had onportunit;as o obssrv;n the ;ndvid
al where the same had moi been Within the pow
err of the nrsctoner him This had sssct relation to
the of Mr. Bahrene given las, evening whilst
that of Dr. MCreadv-and II Was cnrious faci-in his
cr;r,ion ~ h s " Nv ~ al thu, her
case WINS necniiav nv thosc signs which
in the work inst o,oted ,sr. a. the characters
istics Of insanity said the learned gentleman was
signed nv the court IN act "a comnsei for the Unfortunate
prisoner at the bar The court looking at her situation
looking al the law and looking at that which they all
;mmsc the dnt mon rse q. n h Counsel If defend
inc this poor and unhappy female from the serious charge
,pon which abe is now ben0 tried entered upon this
cause with feelings of virtnos when heard
her simple tale when wa. tod is that eel, from which
sbe comes IN uh;ch h, En- ar5ct NJ This nrv
hone she will never he siess story in her
own simple way made nm nv mind 20 icayc family Of
flee professional duties and neither to seep nor to eat un
III had given her deliverance IN Tho raonle who are
looking now anxiouslv for the rsult have looked at
the crcumstances Of this case from the time started
with Ia the n, esent momant rsneat With feelings
Of virtuous indignstjon at the has laid this
indictment against her. The nr.oner Ghe learned
Counsel proceedef) was CHARGED nv the indict.
mcnt with having upon the first dsy of November Is43
with dirk knife atfemned N at tba life If the person
who nroected the indcimsrt H tI - 70 no mas;m
of law that when an was made in an indictment
Il was for The IN each and
every ayerment in that Indictment Now what was the
here The that the prisoner
with generalization with malice aforethought intended to
murder and they were bound to prove that averment
Had they done IT, according to the rule of law He sub
mtted that thew had not Sustained the averment in any
way as he should presently show at greater length They
must then show that she intended 70 murder and Il
was ndsnensabe for them to nrove that were thew NOT
bound to establish the same intent as If the were
now upon her trial for murder Certainly was the
gansay II ur Morrell then cited BARBER o. So In sun
port OF, iurs~r poson which he tsok that if the aila
ged offence ar oiined only TO mapsaughter from its be-
ing done in sudden scufe or fight the Jury could not
convict under this Indictment and the must be
discharged He called upon the prosecution to answer
this rule of law they could In the jury
upon the whole case as il stood he had duty 10
and thew had also dmtv IN nerrm of most responsble
character They had duty to discharge which it was
incumbent upon every good citizen TO discharge without
prejudice without feeling without excitement. and with
laws and the protection of the peopo and on his part ia
the consideration Of this case he wished that all feeling
created in the community as we'll as in the court during
verdict under any excitement or any feeling but he Ger
tany should ask for to be rendered entirely according
10 the rules of law and the evidence in the case Upon
both he thought he should receive verdict of not guilty
lie thought should be able to show that the defence
had right to such verdict and also that they had
right to have Mr. Henry Ballard upon the stand Mr.
Henry s. Ballard--who was he 2 What was he 2 What
were his
Mr. sAsproRp begged to interrupt the learned counsel
to remind him of the understanding which existed be.
tween them to the mode in which this should
be conducted The rule laid down was that counsel should
not comment upon MIR Ballard or his alleged conduct
just for this reason that was not within tie legitimate
scope of the1enquiry Mr. Henry s. Ballard was not a
witness in the case there was no evidence to connect
him with 4 and nc had been proper witness the de-
fence mgh. nave called him. Tor he had been IN daily at
tendance indeed in court upon their own subpo-
ma ana tney had consequently the privilege OF calling
MIN they chose put under the circumstances ne lNlr
sandord) CONSIDERED the course whh was peng taken
rs an attack upon an Individual who had no opportunity
OF deending himself Inc introduction OF ms name was
800 and u'or eli ,,ronJ 10 ctaa VIZ 4. h,S anu
10 al hs suhac, ef comrn.nt IrsMnh Jso,,sso
aInu cd Nv the 9ou+ II omd rrotract The snnn;r 20 an
inordnate length whilst would have no other effect but