The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-31
Court OF Oyer and Terminer.
Before Judge Edmonis, and Aldermen Meserols and
radv

Mosps said ia relation to the remained
for the decision Of the Court this morning he thought
the rs ground of objection taken by prisoners counsel
was untenabe but ia regard TO the second ground 'hey
held different opinion the Supreme Court had settled
that question. and there doubt if they allowed the
document to be a deposition, that the supreme
Court would grant trial but intimated that they
were inclined to allow it TO be read as dying decara
ton
Mr.. PHILLIPS offered to read as dying declaration.
Mr. GRAHAM objected. on the ground that the decara
ton wassworn to, whereas the law required 10 De
voluntary confession made in 1fremis, without hope or
for one purpose It could not now be read for another
The Couar allo wed il to be read as dying dscara
ton, under the exception Of prisoners counsel
Mr. PHLLIps read the dying declaration OF Sarah Deck
er, which was by way OF question and answer ani
stated that she came from Orange county; was nineteen
years of age had taken oil Of tansy brought to her by
her cousin; he gave her phal full Of and desired her
to take half of il; took the quantity he desred does not
know of any other for her present sickness than
tine oil of ansy; in perfect health before she took it.
great many of the questions and answers were sup
pressed as illegal
Doctor GtLMas crosseramined By Mr. GRAHAM.-There
indications discovered by witness on the body
OF the deceased but what witness had already stated
witness regards the corpus luem decisive evidence OF
pregnancy could not tell exactly from that crcum
stance how long she might have been pregnant but It
must be from two to five months
QuEs Suppose there had been no miscarriage, and
that the female pregnant two months, would not the
Ass.It would. Is acquainted with Guys work; it is
good book and witness would rely on as work oil
authority.
Doctor Purple examined by Mr. GRAHAM.-Concurred
with the last witness.
ed upon in October last by Mr. Brdsall to attend Sarah
Decker it the day she died. about o'clock in
the afternoons witness found her ly ing the floor on
straw Mattress found her very sick and remarked to
Mrs Birdssll that she could not recover; Mrs Brisa
however, thought she was much better, and that by
good attent she would; witness asked her how she
felt and she said she was very ILL., witness then got some
spirits and rubbed her all and she not say any
thing to witness alter for considerable space OF me
when witness spoke to her. she asked her if she
was aware Of her situation and she said she was wi.
asked her had been taking she answered
she did know witness asked her who gave TO her.
she said her Mr.. and Mrs Brdsall were in the
the time, and got XII and asked her
if she was aware of her situation; she said she
then asked her If she thought she'd recover ;
she said no. she was aware OF her death she
was then asked if she wished to see her friends she
said she only wished to see her mother; she
then asked if she wished to see her cousin she
said but said she wished that he might be punished
much in the next world she was in this witness
gave her drink and shortly after saw the change come
her and she asked her how she felt she replied
she happy, ana never spoke after witness kaew
what the matter with her was witness judged from
what she saw and from what Sarah sand tne OF her
family way, and witness herself what was usual
on such occaions witness has been nurse Tor eight
years.
HOSEA Bmp,ALL recalled 1t in consequence of
the directions of the physicians that she was left on the
mattress.
Mrs M.rHEwsoS recalled 1t was witness who
changed the deceaseds clothing Wednesday, and put
clean clothing on her.
The tor the prosecution here closed
Judge BooTH opened the defence SAID the priso-
ner's counsel labored under grea embarrassment Tor
several reasons. The learned Judge then gave long
account OF how he himself happened TO be employed on
the case. He spoke length OF the responsibility
OF the prisoners friends and las pleas TO say)
of the groundess statements made by the public press
in regard to this prosecution. They would, he said
divide the defence into two branches; they would first
snow that Sarah Decker girl of bad character aud
unworthy of credit on her oath they would then show
that she told her cousin that if she happened to be
in the situation OF her eldest sister she would de-
stroy herself before her shame should be made public
they would then show the respectaby OF the prisoner
and his friends and tina, if there seduction IN
the case his client the seduced, and not the Sc.
ducer
joan GREssLY examined by Mr. sMlrH-Resides in
Orange couny has resided there for fifty years. is
farmer; knew Sarah Decker
| QUEs.-WhN was her character
Mr. PHILLIPS objected, on the ground that the evil
cable to the character persons making dying ecara
tons; he apprehended If appeared at the time the de.
pressed with full consciousness of her immediate dis
solution and with full sense of religion her previous
general character ought not TO be impugned He con.
tended that the memory Of the unfortunate girl ought
not TO be permitted to be blackened by testimony which
might, for aught he knew, be manufactured Although
neced with the defence of this case he quite
his learned friends would not lend themselves to such
Mr. SMITH replied. He was aware that the rule for
merry was that general character could not be enquired
now ~ competent for party mpeach the general
character OF person making dying declaration.
The Couar said that the testimony Of Sarah Decker
was TO be measured by the standard il she gave
it on the stand and they could why should be
witnesses would be subjected to.
JOHN GREENnY, continued Knew Sarah Decker since
she was child; since she was old enough TO go into
company, her character considered light; young
women Of good character did not wish associate witt.
hers she was not considered virtuous girl she had the
reputation OF not being virtuou for about three years
Cross.eram'nedby PHLLIrsSaw her last about three
months ago, at her fathers her parents poor peo
pie, and she sometimes lived at home aud sometimes
worked OUT her father not able help her and she
clothed herself by her wages her uncle told witness
ner witnesses knowledge is derived from village report
knows nothing, OF his own knowledge about her; the
reputation OF her fathers house was that he allowed
loose company to come there, and married and single
men to visit his daughters.
To the Disr. ArroRNEY-Was at her fathers house
frequently; went there upon business; but never
there after the girls
WIN &. TERsY.-Resides at Mount Hope Orange coun-
~ is physician knew Sarah Decker about 10 or III
years. her general reputation bad in the neighbour
hood her reputation for virtue bad for two three
years. the general reputation Of her fathers house
| bad in respect to chastity and morality.
Cfoss-eraminsd by Nh PHILLIPs.-Thnks he saw her
M hsr met ns o near the y
ten years. professionally.
BssJAMrs w. CoswIS Examined By Ma. sMrH.-Re.
sides at Mount Hope Orange county; acquainted
with Sarah Decker Tor years; her reputation
sdered VIGOROUSLY bad for about two three years;
does not know the prisoner; saw him until he
| bim in court,
PKrER TRAvERs examined by Ma. GRAHAm.-Resides
within a mile OF Mount Hope; knew Sarah Decker for
about or years and always heard evil speaking about
hor believes her reputation was bad the general repu
aton OF her fathers rouse was bad While she lived there
Cross ,ramtnsd by Ma PnrLL,rs Knows Knapp; has
seen him frequently at witoess SHOPS cannot tell how
often witness saw MIN here out ne mas deem there ire
quently does not know that him Mount
HOPE; never saw him Ia company with deceased, or
heard him speak of her.
JAMES CsUM-Resides Mount Hone; has resided
there tor years; sonin law to tho last witness; the
general reputation of Sarah Decker bad in the neigh
boz hood
Cress-e1amnsd BY MIR. PaILLIrs Does not know
knapp; has him several times in the vicinity Of
ounHope has heard he character spoken of within the
last SIX months
LYMAN N. srILrs- Resides in the village of Mount
Hope; keeps tavern there; knew Sarah Decker knew
her or years; she worked occasionally at witness
house, the last time she worked there ia February
or March lsa2 her general reputation bad for two
years before her death.
Oliver b. assoNs Resides within six miles of Mount
Hopes Is related to Sa All Decker; is her first cousin
Quss.H Had you u conversation it'll her in relation TO
the CONDITION OF of her sisters aud did she then
what she wouli do II she similar condition.
Ma PHiLLrrs objected. the ground that a aeclara.