The New York herald., 1845-05-24
Court OF Oyer and Terminer.
Before Judge Edmonds and Aldermen Henry and Sea

MAY 23-TrIaI Of KLEIN for Murder confinusJ-This
morning. The court room much thronged as the
previous day. The prisoner sat usual BY his counsel
in the same position as the day before The ofths
jurors having been called the trial proceeded
follows
DR.. TELLxRoFr, examined BY Mr.. BErrpIcr-I am .
surgeon; it is fourteen years since commenced msdi-
insanity; have seen prisoner several times; the 6rst
time saw him at the Tombs, but hestated to give
an opinion them as thought would be necessary in
this to him several times before doing 80; his
external appearance has been the pre- sent
@ have spoken at each intercourse spoke to him in both
with him supposed he had been suffering from mono
mania or melancholy and that he insane; agree
with the evidence given by Doctor Mcdonald; he ap-
peared quite insensble to the fate that awaited him.
and did not seem to know what he had done; have
heard tne evidence offered here yesterday.
cross-enaminsd By Mr. PArER.os-I think prisoner is
mot At present capable & Of managing his a.r in his
or was an mbece from birth; the first time asked him
about q: parents ne gave me confused answer; asked
ne was out could not get any salts
Dr. E.aI, examined by Mr. BrsrDrcr-I am physi-
with the Bloomingdae insane Institution; had i9S pa
Judge visited prisoner in his CELL and arrived the
clusion that he is nsane do not consider in all my
insanity in the way saw him; remarked he always
stood in place and position, except in in
ress button my entering his CELL he and went to
that part Of the rosm he used to stand when visited him
Crosserassined BY Mr.. PArEasoN-when examined
prisoners head did not perceive any mark Of scar;
had eruption his head but that il was cured Mo-
nomania might proceed from eruption not having been
properly BY being driven in on him think de
man is laboring now think monGmania must have pre-
ceded it, and that he is mbecie. If the prisoner sup
him. believe that that would be monomania from any
thing have observed in prisoner would not call mo-
nomania, but might have been the origin Of that which
he is laboring under. n, .f.--.
Dr. J. H. SCHMIDT, examined by Mr. SHEPPARD-I am
gard to the state Of his mind l have been
with him for fifteen twenty minutes and from my OBJ
the Ss1 s %s S% waned to iss h
pulse but he would not allow me to do told him
would not allow go him, when put any ques-
tion to him he would sometimes answer yes and the
same question think monomania and dementa might
exist together and run along side by side or into each
other. ff
Crosseramined BY Mr. PArERsos-I believe prisoner to
be labonng under generally insanity at present.
Mr. PArEssor District Attorney st this crisis then
The first was the Of
JAMES ID. STRONG, who stated-Whenever asked pr
soner about this affair he would make emo don't
knowme don't know !" asked him several other ques-
ons and he gave me the same answer before when
he at the prison asked him If he knew how much
money took from him. he said, not quite ten dollars,
two gold pieces Z; neither heard any thing from
prisoner to prove to me he insane asked him he
lived alone, and if he had companion excsps dog
CHARLEs Bird examined by MIR. PArERsoK-I am Q
Police Officers arrested prisoner the 2ist Of ssptsm
he stood at his window thrusng with a stick and
spear had conversation a. the Upper Police when he
whom it belonged he said it his he Afterwards
the Police ONCE, and said he would for
the sword his appearance is the same a. it was in De-
Tive OCLocK.-The names Of the Jury having bssh
called over the following witnesses weree xaminsd =:
REUBEN I. JoHNsoN-Was keeper of City Prison last
December; had charge Of second corridor Klem was
s% .ssss sss
prisoners through them g each other ofssn hear
noise arising through this when going through
the prison the cells have beds in them they occupy
about onehalf the width Of them Klein generally cot
heard him answer 'no. 70 questions, when he meant
eve he Of his mind each deputy has charge Of
corridor; had charge of kleim.
Crosserarrined by Mr. SHErrARD-Prisoner never COM
menced any conversation with me; don't know that
ever said Klein was insane; might have said BY way
JoHS w. FRArcus, surgeon, examined by Mr.. Pa
rERsoN have had my attention called to insanity for
Klein in the Tombs, and here in Court; he is what
would be called Of bilious constitution, heavy man;
those causes % w Dc produced oy m 70.
which would cause me to think he insane, except
rSm IRON the S state 40 not think he s an IDIOT
tic about him that would lead me to suppose hs was
:snei from the c9nysr,ation have had with pr.onsr
ieve him to be sane and responsible agent for hin
acts
opportunity of examining prisoner once don't think
ever made such mistake the previous trial to say
Klein was insane said his state OF mind might b con-
strued into demented said his confinement might pro-
duce his peculiar habitudc Of mind.
To DnTRcr ArroRNEY-The crcumstance Of prison
er running out of his workshop and returning with
pieces Of glue and stuff for making chairs and other like
circumstances, might tend to insanity, which might be
produced by many things perhaps love affairs and such
the City Prison; attended cases nsany Is more
than twenty-three years since commenced; have had
conversation with Kleim conversations with him were
always commenced by me; they about his occupa
ton; he said his branch chairmakng, and that he
disposed Of them in Chatham street and that when man
lars he said he only finished them in sandpaper he said
he could not make set in aweek; tsld him heard
he was about getting married to Dutch lady in tho
neghborhood where he lived and he rcpelled the dsa
and said mo, no. no;" in my opinion prisoner is sane
man. - III.
Crosseramined by Mr. -----I abandoned my profess
sion for Keeper Of City Prison about last August don't
in will and take out; but I've heard him say he
would get ost have observed Klein quite eccentric in
Mr.. vAnDxnvoRr, Clerk Of tho Court was called and
sworn to testify relative to an inquest held last April ON
An objection was put in by the counsel for prisoner
which, after consultaton by his Honor Judge Edmonds
o is nsO.S iO q sc
defence was re-examined by Mr.. Sheppard-Assumin9
the facts in this case that have been proved to be
consider prisoner now to be insane lA ti4i .fIEs
Drs Earl and Tellkron testified to the sams. t
for M b@ sUw me TO send
This appeal was not granted.
Hero the counsel for defence stated they had closed
Mr. sHErARp summed up the evidence behalf Of pr.
soner in very eloquent manner, commenting strongly,
FIST on the testimony ofper.ons who have known pr
to facts tending to show insanity secondly
to prisoners state Of mind drawn from the for which
he stands charged and its attendant circumstances;
thirdly to his state Of mind drawn from his written
papers long before the act committed fourhly,
from the evidence Of the medical Witnesses and 70 what
extent the jury to weigh such testimony in their
mind and cited several passages and from the fol-
lowing eminent authorities namely-Rays Medical Ju
risprudcnce Of Insanity page So Grcys Medical Jurs-
prudence, p 2sS Stock eomPus mstss pr TO- IL,
81 Ray 1sl Rogers trial. 1853 Dew vClarks, Rex v.
Oford Carr and Payne. 60