The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-30
Court OF Oyer and Termlner.
Before Judge Edmonds, ana Aldermen Meserole



torney, to proceed NJ. Phillips said his painfal
duty to 10 the court that the District Attorney
had been suddenly taken ILL., and IT would be impossible
for him to attend during the remainder of the trial II
therefore devolved upon him, Mr. Phlpsto conduct tho
for the prosecution lie then briefly stated the cir
cumstances OF the which led to the death OF Sarah
Decker. We understood him to say, in the of
his address, that he did not to say that prisoner
directly the Of her death but that happened
take
HossA BIRpsALL sxamined IN Mr. Phiiips-Resides at
237 Sixth street. became 4uanted h Sarah Decker
the Goth oil October, at Albany called at the ntelli
gence Office there on the first Of October TO look for hep
called aga.n the 3D. and the who kept the Office
informed that he procured this girl, (rnsanng the
decessed) who he thought would answer. Witness
the girl about o'clock that mornings she into
the Intelligence Office with the prisoner witness asked
her if she the person whom the keeper oths ntel
gence oco procured 10 go with witness TO this city
Witness here explained that he belonged the
Knckei booker and in Albany alternate
Witness the asked her if she willing with
him that day7 Sho appeared to be rather undecided
She asked her cousin as she represented him. and as he
represented himself 10 be- II he was willing Ito which,
after little hesitation they agreed that she should
come that night Witness then asked him if he would be
willing to her to the boat He replied he would
Witness saw no OF him until o'clock, when they
came on board boat together he brought her things
and put them in witness bahdbox was the princ
pal thing he brought he said he did not know but he'd
go down to New York himself, which led me to have
some suspicion This passed on until O'Clock IN The
on the promenade deck, and they appeared TO be IN
deep conversation They sitting down tog ther
when the prisoner round to the engine where wit
was witness questioned him as TO where he ana
she belonged their and particulars lie stated TO
witness that he her coua and that they had been
to Utica to his sister. After some conversation on
being prepared TO die and on tbs Bible they separated
Tor the ght lie stated in the OF the
that he resided st Middetewn, Orange county don't
recoliect all the particulars OF the conversation On
arrival the boat at this city about daylight prisoner
took her things to East Broadway stage and went up
in the stage with her On arriving at Sixth street he
took her things out OF the stage and carried them into
hons nd took
shortly after and ho went with me, but he returned
back and ! saw him 60 into the house did not see
him after went away that morning. Saturday. and
did until Tuesday morning she was IN perfect
health when left. Saw her next OF Tuesday morning,
Ours What was her condition AZ that time 4!
She in ~ eat pain aad saHsrng Doctors Mil
or and Chaplin were attendance on her
| Qurs.--How long did her sunerngs continue
ANS Her sulreiings continued until Wednesday
evening when she died about nine oeiock ON &C,
| night usual. sat up with her ! did not see the
prisoner at the bar at the house during her illness
| O. What her state OF mind ut the time, in
| regard TO her sitgaton
ass-she considered herself in dangerous state, ard
had very little hope Of her living He spoke OF taking
Der to the Hospital and she begged OF him not to do so
Quys.-Aitec thst statement md she make any state
| ment in regard to the cause OF her illness
GRAHAM objected, until foundation was laid for gi
wing declaration in evidence and claimed his right
| to crosse xamine the witness on this point.
| The Court asseDted.
Crosse ramin,d by GRAHAM-On Tuesday she said she
had no hopes of her living.
mind2
Ass-I asked her something about being prepared for
! death do not know that said anything ell 9 on the
subject the ply sicans remained with her until within
couple OF hours OF her death cannot say positively
they were administering medicine to her all the time
witness gave powders twice IN the Of the
night and endeavoed TO cheer her much US he could
poticuarly We lnesday morning. when she appeared
little better and cheerful on Wednesday moIn
ing she expressed little hopes Of getting better
present two three different tunes while the ply
with her does ecoect that the phi ISL
clans told her Tuesday that there hope for
her; thinks he heard them say Tuesday night and
all day Wcdne sday, that they knew a of
the kind last long and therefore they had hopes
her life cannot say Tor certain how often he gave her
medicines he did give he gave through direc
IONS Of the doctors he proposed about O'Clock on the
afternoon OF Tuesday to take her to the Hospital went
on Wednesday to get convey ance to take her there
bargain it, but did send for it efter.
Direct examination Tesumed--On Wednesday NOR
ming she begged of not to take her TO the Hos
pta she did not know then but she might live, and
enc appeared to express little hope: in the afternoon
she gave up all hopes, and said she could not live.
Cross-eraniination resumed-lt was about five six
! o'clock on Wednesday afternoon when she gave up all
hopes she died about nine o'clock she did appear
peared TO- be on Tuesday she ceased to talk about
clock there were present myself and nurse, and my
day at six o'clock, it was who commenced it then
spoke to her about the cause of her illness did not
tell her that she was going to die rather encouraged
her the ply scians not there did notice that
she became Eighty any time before her death she did
not speak after eight o'clock between seven and eight
o'clock she said to me she could not live my wife and
the nurse tried to encourage her the admin
iserng medicine to her the time she appeared then
TO be more tree from pain than she Tuesday
The crosse Examination here ended, and Mr.
PHILIPPE offered prove the declaration she made at the
time to the witness, OF the cause OF her death.
Mr.. GRAHAM objected. He said the principle upon
which all the elementary writer's say that evidence in
trtrems should bs received is that the deceased had
gwen up all hopes OF recovery and was fully conscious
OF her situation and under the impression Of immediate
dissolution at the time the declaration made. He
went on TO argue that remote idea Of health in the
mind Of dying person. would not be sufficient render
this species of evidence admissible must be thorough
consciousness her mind OF her immediate dissolution
In this it did not appear from the testimony Mr.
Birdsall, that the declaration she made made in
mediate DEATH that would bring within the rule laid
down by all the writers the subject and the
found in the books.
CouRT-Mr. Phillips, we don't think it necessary for
you to reply The reason that declarations made in
remis received, is from the necessity Of the case
other testimony being be had and that the person
charged avail himself OF the want of evidence. In
this ii APPEARS the declaration made several
hours after the encouragement given her by the
Witness and it is from the state of bodily suffering she is
doubt but she at the time in state of great bodily
agony and in the last stage OF suffering. We will al
low the evidence to be given.
MIR. GRAHAM excepted.
Examination Of BRpsALL, resumed-she then persisted
in say ing that knapp had given her the oil o. tansy and
suffering, it would be oil the harm she could wish him
She said that before that no her particular friend
that what she mad suffered his account, led her
think different She added that she could not live until
morning she did not say for what purpose he gave to
her. when he gave 1t to her but he said to her. II
would not hurt and she must take IL she did not tell
witness to his recolsction what he gave her the tsnsy
for. The conversation then dropped between witness
and deceased tncre was q conversation between her
and the nurse Wednesday evening in witness pre-.
The asked her II she knew she preg-
nsnt before she took the tansy the witness does not
recolsct her reply exactly but said that she
of her situation and took the tsnsy the effect
She asked for drink several times after. During her
illness she visited by the Rev Mr.. Seely does
know that there were any phiss found concealed in her
handbook On Thursday, on han 'irg her things to her
sister found three handkerchief with the initials Of
the prisoners them and small book, with his
written in IT, at full length the witness Identifies
the book and small phial, which some liquid,
which he gave to the Coroner.
C,osseramined-Does not rscollec that she said any
thing intelligence ofhce there some CONVEX
sation between herself and prisoner but witness did
not hear it, Witness says that the prisoner did not
then make any representation that he was her cousin
will not be certain that anything was said about by
her board the steamboat recolects now that the de-