The New York herald., 1845-03-19
Court Of Oyer and Terminer.
Before Judge Edmouds and Aldermen Winship and

MARCH ls.--The Court met at 10 o'clock
O6eers Of the CourtThe court ordered the names Of
the officers Of the Court to be called and fined Off
Ger Dunsfee IS for absence Tho officer however wal
duty being engaged in conducting prisoners from the
Der Of female witnesses in attendance The "hint'
given to their Honors of the Corporation by the court
good supply cs.r
quests in the Circuit Court, the case of Andrew Klein
was called on.
NJ. C. PnrrRsor Esq addressed the Court contendins
that they were bound to put the prisoner trial On
reference to the statute there ives provision which
made imperative the physician OF the county prison
to report to the jaor the number Of insane persons in
the prison, and D. Warren furnished his report in CON-
there of insanity in the city prison, and in
the case of Kem he had grounds upon which to found
his belief as to the prisoner's alleged insanity
old principle of law.
Mr.. .PA1Easor.-Ob, certainly, that is admitted.
Mr.. sHsPHrnD.-The statute merely applies to con-
Mr. Paterson had doubts on that point On reference,
to the statute, he found the opposite counsel
was correct.
Mr. BENEpIcr to reply.
CouRr-You need not reply, Mr.. Benedict as my mind
is distinctly made up this subject His Honor had been
present occasion of mans trial at Westchester
County where the Question OF insanity was raised and
before going into the facts upon the merits Jurors how
apt in such to cerfound the issue,
and should cautiously guard against such After
some further conversational remarks the Court de ,ided
In favor of trying the collateral issue the question Of
insanity at an early convenient day.
Jones
murder off colored the gas house in December
was then set down for to- morrow.
CouRrI wish il be understood that the Of Mary
Bodine will certainly br taken mp on Thurs3ay.
TRIAL Of James, s,Eager for Mrder-7ne green eyed mon
ste"-a Hint to Gay Lo,harios to aroid the Seductive Ar
fices of Fdhless Wives and their Husbands-.a Moral
The trial Of this man. indicted for the murder of Phillip
Williams, in Roosevelt street. in December last was then
called on.
Mr. BRADY of Counsel for prisoner challenged Gabriel
Fountain peremptorily the first Juror called who YVES
NJ %. ..~,.~ .ro..;..os -. .r A.. rvr.~. a,
to the fact Of his entertaining religious scrupes on the
subject Of finding verdict Of guilty where death would
The CouRr remarked that in all such cases II would be
h. hy improper to go on aJury when gentlemen enter
BEsIAMs DrAr having gwen an affirmative answer to
this question, on being put BY Mr.. Paterson,
Mr. BRApv-I raise the question in this case, and con-
tend tha this opinion does not dsqusly the juror from
Mr. fArrs.o. need no, argue thi: question ii. MIA.
Mr.. BRApv-Then except
CoURr-Very we'll
JAMES LEpexpERRr was placed on the stand, and on
scruplea replied: ourissvOur said an eye eye,
and tooth for toothn think would certainly bring
oner hsS sn Ss. sT s III n ~Aos Se
could not give.
Mr. rArE,sss.I ask you, DO you entertain any reli-
Junoni would alter the law and condne in dungeon
for life in such cases
JunoR would alter the law; but still would not he
state to find verdict of guilty, provided were convinc
ed Of the prisoners guilt though death should be the pen
atty
After some further examination the juror was sworn.
After considerable delay tales of two ordered.
The following jurors were sworn :-Order Owen fore
man; William Rankin David b Hunt, James Ledgeber
ry, Benjamin Treadwell, John G Brown james Koule,
William Ross Patrick Flood. David Keeler.
The following talesmen were then sworn, VIM. Adams
and Lewis Coulter.
The prisoner James Esgar, then put forward and
arraQned for the wilfu murder OF p williams, In Roosevelt
street. the 4h Of December last by stabbing him with
knife in the side
The prisoner being arragned, stood mp, and during
the reading OF the indictment paid marked attention
to the clerk He appeared TO be Of the lower class
Of aorers with remarkably stupid expression Of coun
enunce high cheek bone and compressed lips his &C.
neral aspect bearing indication Of strong snma pas
sions.
MIR. PATERSON briefly opened the case, detailing the
facts which appear In evidence.
The dispositions Of DAMS KAvAwAeH were put in and
read by the District Attorney They showed that the pr
soner stated after the commission Of the offence that he
found his wife In the same with the deceased and
detected both in improper intimacy, which he cons
dered justified him in committing the act
MARTIN EAaAN was then sworn-examined by Mr.. Pa
terson,-I remember the night In question Philip Will
liams resided in the same house with ne we slept
together in the bed the deceased TO bed about
O'Clock the night before the murder, and got MP
the following morning about Q o'clock he was
little tipsy going to bed and slept with his shoes and
pantalosns on He got out Of bed the following morn