The New York herald., 1845-04-11

nouo ne beore tribunal to which the accused can ny
o Ptoecon against popular clsmor that might other
Wise sacrince the Innocent And the accused in this
case may well call you upon me to stand as an
barrier between her and those prejudces and
neither You nor can for moment allow them TO
enter without violating oaths Let US beware lest
the sacred fame OF Justice be pouted by tho
psjusce-et us take care that oaths are not swung
from their moorngs by the gales Of popular clamoret
us see that stern justice stands here and that We are the
barrier between her aud their udices that to
thirst for her blood; and know caanst make the appeal
TO you without finding in your heart ready
There is however another difficulty and danger against
which you must be your guard and that the danger
arising from sympathy for the unfotua ale condition oil
sympehy to sway your judgment One OF the COUNSEL
said that he surpret to such, manifestation Of
sympathy az has been exhibited on ths occasion. Cen
tlemen, am not surprised at it, do think that
ought to repeat il II she be innocent, shall we not
sympathize with the sufsrings that has bianched
her cheek and vested her foIml II she be gully
shall we not sympsthize with the verwhelning load
OF guilt that adds afnitude to the suticency thus
manifested before us Yes our sympathy is due but let
not that sympathy prevent sense ol justice What
rghtmnded parent ever chastises erring child with
out an aching heart and perhaps fearful eye Aud be-
blow of stern usticethe which Il then shed makes
the deed acceptable the OF HIM whose peculiar at
tn snd
We may therefore. sympaihze -our hearts may ache
and our eyes fl and man will have right to
psn provided the stern dictates Of usticeprovdes the
mandates Of our dniy obeyed Aud while concede
to and to myself the right mpathze for the sui
fering that may now from our decisions still remind
you aod warn you, that not for moment
Is thnt sympathy to swerve you from ths strict
lineof your duty. Strong as may be my feeling, will
take care that such considerations shall for instant
influence my Judgment and believe know myself well
enough TO be able fully to guard against that danger
things to you gentlemen which although ssmething out
Ct way yet material in this viii next call
your attention TO some rules that are to govern you in
the decision of this The learned Judge then pro
ceeded at great length lay down the rules which were
70 govern them in the decision Of the He first allu
ded to the general character for of the mso
Cf the illnesses, He then proceeded define
usr ate the rules of misunderstanding great length
and with much mnnteness on circun,ssntial evidence
certain and presumpve This portion OF the charge
are Obliged to emit desire ~ give the comments
the evidence in iu they heing the most interesting to
will call your attention il, what is the crims on
which you are called to decide 1t is plain
being without the authority of law by poison shoot
ipg stabbing or any other means or in any other man
ner s either murder manslsughter, or excusable or
justifable homicide according the facts and crcum
stances OF each case. Now, killing, unless il be
slaughter, or excusabe jusiabe homicide herein
after provided. shall be murder in the following cash
When perpetraed from premeditsed design to effect the
death OF the person killed or any human being" This
Houseman killed and that the killing was perperatad
by the prisoner at the bar from premedatsd design to
effect the death Of the person killed There are three
things be made out in order to determine that question
FIRST the death next that there death by violence,
and then that the violence inflicted by the prisoner
reference to the death the law has laid down. and before
go into that will explain what il meant by the corpus
deich or body OF tho offence" II means not merely
the death but death by violence The counsel erred in
part Of may be may be made out by crcumstantia
dence They are wrong even in saying that the death
must be proved positively and distinctly For instance
is thrown overheard and the body may not be found
there not be that certain evidence of the DEATH But
that question does not arse in this there is en,ir
is the peculiar promise Of the moral circumstances to
y you whether the prisoner at the bar is the guilty per
bur before come to that inquiry you must b.
first by Independent circumstances
independent of the moral circumstances that there
s was the S death here BY Violence Unfortunately, very
mach Of the difficulty which encounter at thi,
stsge Of the srises from tho very inadequate
ner in which the discharged their duty Hao
they made udicious active and scientific post morten
examination they could have increased in great
the evidence Of the guilt Of the innocence Of the pr
soner and is greatly be regretted that this was no
the case. They did not even make memorandum Of tn
examination such as was They made no inquiry
whether there had been strangulation or suffocaon
whether poison some narcotic drug had been admin
teredeven their examidaton with respect to the mark
svolence was imperfect and unsatisfactory They hav.
left u.s. therefore, In that state Of uncertainty in regard
the cause Of death that very much to be regretted bo
BY you and by me. Under all these disadvantages, W.
are to inquire into the cause Of that destl
The only conclusion that the physicians come te
is that the wound the broken ths
result of violence before death That is ell the certain
evidence we have They leave it for you to determine
whether the other marks Of violence had been inflicted
before or after death Whether the witnesses could have
relieved the doubt which surrounds the igature
found on the arm of the deceased, know not But il
the lgatures put before death it becomes very
y
DEATH the question is equally important only in re-
ere1css TO the corpus delicu but in reference to the
moral circumstances that would fix that would fix thu
guilt upon some person somewhere So in reference
that childr skul-a Of which was gone except ths'
piece. corner II may 80 call ithow it came to b.
preserved with the scalp, and blcod upon IT, lef
entirely in the dark and you determine from tn.
evidence whether the child to its death by ssocs
ton by violence before death whether this violence
Of which evidence s given was inflicted after dea
had occurred On all Of those points the physicians Civ
rs no satisfactory solution Of the questions which they
nrpn rnup tha nv;do Ia hoin
heard, and the appearance OF blood number Of wit
nesses have given testimony on that stter point and 1t
those articles which blood Represented having
been discoveree. chemical analysis which weulu
have shown doubt whether that was blood or no
would have been satisfactory The next point for you
consider and determine is the position Of tha bodies Dr.
the bodies lie under the bed, and wasthe fire applied
the bed after It had been placed over theml SO, then
the conclusion 10 inevitable that tee fire had bean applied
for the purpsse of covering the muid already
o the bed and the Are was applied underneath or at h
sde the inference that the death accidental strong
than in the other circumstances But the counsel fo
the prosecution right in saying thst in passing
upon that question you recoliecs that no remain
Of the rope we're found little extraordinary il
lain upon the top Of the bsdthat no vestiSs oshe
that bound the bed together anywhere TO be found
But IT, the ether hand tho bed taken down. and il,
different parts thrown on the bodies, and fire then
municated, what more natural than the inference that
the rope had bsen removed TO pave the way for the
fagration! Another there re in III
soye9 One witneas tesel that when he nut bis hsnc
It, Ii But the other parts of the were
heated the fire that had been burning and the sagac
ofthat witness displayed also other instances
be too much admired when he placed his hand within the
stove and found that the ashes cold And yet
large body Of smoke had been asuing the course
ofhat evening Of the chimney Did pass through the
stove7 or did up the nue Of the chimney through
the fire place left opena There is no evidence whche,
there was any fre-board.
Mr. GRAHAM Il believe it is in evidence that there was
Q fre-board
Il Mr.. CLARK.-This II no evidence.
CouRr.-There 10 not any evidence Of that You are
to determine those points, gentlemen. Then the
consideration OF the question: whether that front door
actually unlocked not This In Of the circum
stances which will enable yeu to determine the corpus
deficit II remBrk the bar OF that front door, In
steah Of being found in It's usual place standing in
ofhe room, instead Of being found in part ofthe
house. was found by George Houseman back o. the house
1.-THE guilty person had escaped by that trent door and
carried bar he must have gone round to the rear
and then thrown 1t awey II was found there entirely
unscorched by the flame Then you consider tha,
the house robbed These the circumstances from
which you areto determine the corpus dslecitbat there