The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-17


The very neatly dressed with black cloak
hat and veil OF the color and white linen Byron
collar turned from her neck very neat manner with
wristbands Of the same material She is about years
Of very dark brown hair expansive forehead heavy
mined expression Of countenance.
The prosecution conducted by Edward SANFORD,
ESQ., the private counsel of Mr. Ballard, and Jonas B.
Phillips Esq acting District Attorney The defence pre-
scented strosg array of ability including DAVID GRAHAM
JONI A.. MoRRELL and J. S. CAnrEsrlER Esqs
Order being restored in the crier about calling
the jury, when Mr. Graham asked Henry s. Ballard the
complainant as in court All eyes were turned tow ards
young man. who had generally supposed to be the
person named, but he made no answer The name
again called when person rose at the west end oi the
pears had been made prominent for special purpose
il the younger brother OF the complainant.
Ballard is very genteel looking man, Of about 80 years
of age.
The opened for the prosecution by EDWARD
sASDroRD Esq the private counsel of Ballard He enter.
OF his opening he exhibited the almost fatal Spa
nish dirk knife murmur OF applause ran through the
Court which contrasted strongly with the proceed
ngs at the trial Of Singleton Mercer which brought
to immediate recollection by the exhibition in the
hands OF counsel for defence OF several Extra Herads oil
that date containing full report Of that singular trial
Mr. Sanford entered into the full particulars OF the Illicit
intercourse and circumstances attending it between his
client and the accused He concluded by saying that the
prosecution would conGne themselves entirely to the
transaction of the attempted murder without entering
to other particulars leaving the defence to offer such
other testimony as they might deem advisable
WILLIAM CnuMME, depOsed as follows know
House stoop the of November in the evening
just after dusk was standing on the Aston House soop
at that time, and Mr. Ballard up the stoop and
lady following him the accused is the LADY, she catched
him by the coat he going in the front door on
and spoke something to her do not know what It was
she put her hand in her pocket, muf and dropped
ped me o. er S h
take Ballard then went down two steps and then talk
ed to some gentleman there don't know who it was
she walked little to side and stood behind the pillar
he remained there minute or two he came up on
the stoop again up to the platform he caught hold Of
eIa hold Of
Der right hand and made plunge into him they were
close together land he said, he was stabbed ran up
made another plunge at him, but held her still gen.
stepped up on the stoop and took the kne out %
the house; MIR. Ballard went away after we got
her in the house she said she was sorry she had
not killed him y kept her there until | sent for
ing the Tombs she said she was sorry she had not
killed the damned Yankee" When went back, found
Mr. Ballard in the of Dr.. Watson he sitting in
chair, and there hole in his side gave DR.. Wat
son the piece OF cloth that found on the stoop The
knife is here shown to witness) saw this knife after
returned to the Aston Houses did not it before the
gentleman that took it from her to assist Mr. Ballard
soon as he was stabbed the hole have been made
with this knife 1t couldn't have been made with nothing
| else.
Crosse ramned by MORRILL, for defence- drive Of
the Aston House coaches do not know whether Mr.
| Ballard boarded there not I; have seen him there
often; never saw the accused before that night she
held him with hand and stabbed him with the other
do not know which hand she stabbed him with she had
amufin one hand the knife was taken from her right
let before she stabbed him she must have struck him
with the right hand did not see the knife but saw the
glance of it, Mr.. Ballard hollored as soon as he was
struck he cried out Oh, Pm stabbed" He did not ar-
pear to be very much scared after the blow was given
she said nothing until after She had been taken into the
hotel could not tell whether it knife breast
pin that saw glance she attempted to make plunge
after held her; but did not attempt to get away she
walked in in front of me, hut made resistance.
SAMUEL FLOYD called and sworn.- know Mr.. Ballard;
the accused the person at the Aston House
steps on the LIST of November about o'clock when
SaW her nd IN n
doors he endeavored to put her from him with his hands,
and pass by he had reached the door supposed and
about to enter; he started back and said, she has
stabbed me-" or "Im stabbed" he cried out.
sprang and caught her by the right wrist
Shown be- the her by the
and with the assistance of some we took her into the
Asor House, she walked in the last witness had hold OF
her when took the knife from her hands, after we go,
her inside the door, left her in the charge OF the last ma
officer there met Mr. Ballard who stabbed; the
blood pouring out Of his side over light sHront AND
when returned she had been taken away.
Cross-eraminedby MORRILL, for defence-I am commits
not board at the Aston Houses never saw her before
that night did not see her make second plunge with
knife; she remarked to me, do not hold me" or let me
60"
| DR. ALEXANDER r. WATSON, sworn am a medical man,
practice medicine and surgery; know Henry Ballard
assisance examined him at that time; he had wound
Immediately above the heart 1t was a simple incised
wound appeared to have been made with sharp point
instruments applied my probe into the extent
of the wound and found that it did not penetrate further
than OF the RIBS it struck on the under edge OF the
sixth rib from the feeling with the probe the rib appear
ed to be but slightly ndented the wound bed freely the
wound must have been made with instrument like this
from the wound that given there was no danger
| the life of Mr.. Ballard
Qwhat would have been the result if the force Of the
| blow had not been stayed by the rib.
Mr.. GRAHAM for the defeace objected to the question
| as illegal and improper.
The Court overrued the objection, and the question
was admitted as tending to show the intent.
Q.-Would blow with the weapon that produced that
wound ifgiven the eighth of an inch lower, have pro
| At would The wound penetrated through ligh,
great coaa dress coat vest and shirt he was confined
with the wound about two weeks observed at the tint
that there grease upon the hinge Of the knife;
opened with much facility that was induced to
and the same in width very slight degree OF force wa.
sufficient to produce this wound the instrument hal been
have glanced, and might have then proved fata-its
sharpness alone stayed It's force the rib.
G. by GRAHAM for defence-Do you know Mr. Ballard
Q-Is he in the room2
Ayes. saw him here this morning | see him
now.
GnAHAM-We ask Mr.. Ballsrd to stand up.
The prosecution objected, and Ballard kept his seat
which he had taken at the west end of the court room
Mr. GRAHAM contenoed for the right of his request in an
able appeal to the of the court in order to
show the size Of the complainant
The court overrued the application, and decided that
Mr.. Ballard need not be compelled to stand up,
By MoRRELl-What is the weight Of Mr.. Ballard, and
how tall is he1
Ale is Of mddlng stature
The prosecution here rested, with understanding
that they should offer nothing but rebuttng test
mony.
The defence was then opened by j. s. CAnrExriER Esq
He commenced by giving short biographical sketch
| the accused. That she native Of New Jersey
where she has father still residing although her mother
is deceased. That when she about thirteen years
age, she to this city and resided with Mrs 1Merri
until about the year 1885, when she went to reside
into the family Of Mr. William Calender, OF the
clerks of police She resided with him until the spring
Of lsil during which time her character was beyond re
proach and she was loved by all who knew her. Mr.
Ballard became acquainted with the accused when sh,
about sixteen years ofage, and the Counsel said they
would show that he then entered into deliberate plot
her He introduced her at the house ofone
her married sisters whom he afterwards made present
He then took her TO places OF amusement and was otter
Walking with her in the street and in public places
BY continued Of attentions Of this character h,
finally succeeded in accomplishing her seduction in
house in Mott street. He then took board for her in Beck
street where he visited her. and passed himself of
lint ,tar