The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-31

lst of May June, and continued there down to No
vember December OF the same year; has heard her
make the declaration that referred to by the
last witness; day witness away and came home
late in the evening aud found her very much eScited
enqured the and she said one OF the work
men had abused her IN the milk yard and she SAID WIZ
should turn him away or she would leave witness
told her be still and he would enquire about it, next
morning witness told her he enquirsd abous. aud ne
did i any cause to turn away John;' she replied
that John taxed her with her sisters msforunss. aud
shs would stand it, and added, that II she was ever
caught in that she hoped she would de- on another
occasion said to witness II she was in the same
s ~ifE '''' A'' '''''' "N'' $40
JoHS Convoy IL the person the witness referred
to; concurs with him in tho testimony he gave
g. HArrrsLp- Knows the prisoner about fifteen years;
resides at Goshen, Orange county "a pubic omcer
up the time OF this charge the prisoners Character
constable Knapp's residence IL
about fifteen mil es from Mount Hope
Jony KvArp-Is the father OF prisoner; lives IN Co
shsn, Orange county is in his eightyhrst year Sarah
Decker in any way related to witasss's SON
Cros~eraminsd BY PHiLL,Ps--Wrnesss son lett nome
in August does not know where he went dd not Know
Sarah Decker until she came to witnsss's house she
came IN March, and continued there about four months
she left the house first witness does not tnnk ners was
any intimacy between his son AMI sarah Decker'
JAMES TurrLK --hesidss in Goshen the character OF
prisoner good to the time this charge vas made.
Msssrs Jennings, ESsIGS AND PHILLIPS gave the sans
testimony as the preceding witness
JoHs w. SMITH, D. examined by sMlrH-Was IN
Court when Dr. Gilman gave his testimony IL - said
that the corpus lu,um is indication OF pregnancy but
il reported that there several cases OF wnere
does there are seVerdt
which are false and called by that name witness
does not know that it would require very particular
examoetion to distinguish the asse
QuGsWas what she described an indicatioh VI prog
nancyl
Ques-From taking oil of ,ansy or any stimulans OF
that kind might not the sane appearances as tnoe 40
scrbei by M.s Mahewson be produced, aithougn the
person might not &c pregnant 49,
ASs.-rhey might from Inflammation OF the WOMB.
Crosssramned From the state of facts deposed TO by
Doctor Imam witness would not decide whether there
was a miscarriage or not
The Court here took recess.
T.oN,. TpoRs s,rorn Resides in Goshen Orange
county the prisoners family hy years; the
character of the prisoner was always good up 10 'ns
Rosrar L. HATHAWAY gave the same testimony as the
preceding witness
The defence was here c osed -
Mr. PHLL,ps offered TO produce Mrs Collins
MIR GRAHAM objected on the ground that tae case 'Us
the prosecution was closed aud 1t could not then %
Couar- Tho District Attorney reserved the right to
Me GsAa.M-l beg tho Courts pardon; there was no
.uch made II viii be remembered oy me
Court aud Jury that avoid this Ve Admitted tnat tne
testimony of Mrs Mathe was to be received
Dr. SAITH recalled for the dfsnce : Qtfss-Suppose
nat the deceased had been pregnant for three months
abortion prod icel would not the ~ gpsoms
palpabe and such as could not DO mistaken
Avs Yes, sir perfectly 50
Ma Smith taen summed up for the defiance He re.
sretted exceedingly that ne mad opportunity Of
Examining notes, and hoped the jury would give him
patient hearing was case OF vast importance to
MS client A similar to the present was never BE-
presented to and jury OF this country The
counsel for the prosecution said that the prisoner was
indicted for iuSon and for the murder Of MS victim
II this the case gentlemen SHOULD feet aoasned
,ad shrink from duty. IL there was any other man
from whom would draw back Is from the practtoed
ssducer the 10 stand here as the advocate
such men But fortunately for client and myself
10 not stand here the advocate OF such man
tind here defend him from what he IL charged with
the indictment, and that is SIMPLY, murder You VIII
he told by the public that oy tho line OF de
have adopted he has been taken by surprise,
and the changes will be rung upon it. He Will tell you,
gentlemen that he could not anticipate that the test'
Of unfortunate deceased would De attacKeoi
he had not time 10 procure Witnesses to reoutN buts
gentlemen he have known that We would resort 10
defence and it is excuse for him 10 teli you
he prepared He, as public prosecutor, hso
iers OF the Corporation OF this city at his command ~
therefore useless him say that he had not the
control OF the witnesses He had all the means within
power bring every inhshtaat OF Orange county.
lni put them the stand ii he thought proper Inc
Whole Of the prosecutors rested on the testimony OF
sarah Decker. There no other witness 10 prove
at he gave her the oil Of tsnsy and he submitted TO
jury after the expose made Of her Character this DAY
several respectable witnesses put on the stand
could they place any reliance Cd the testim my OF
woman stepped in crims7 They would also recollect
law that testimony to convict OF capi
tai offence should be clear and conclusive; and any
doubt remained their minds il the property OF the
prisoner and he should the benefit OF Mr. sMirH
concluded very able address to the smpathies Of the
jury about o'clock when the court adjourned