American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-03-13

the truth of the mans being found murdered
leaving it only to be ascertained who perpetrat
ed the deed. fthe prisoner be innocent of tn,
murder, could it possibly be, he was entirely igno
rant Of who did it? Was there conspiracy be-
tween the inmates Of the house, MIR. and Mrs
| Leonard, and Nolans wife, to screen Nolar
from the murder, as intmated by the counse
for the defence' Their conduct in the matter
nor any evidence, indicated such an idea TIL,
theory of the defence, in supposing that Rou,
slept in the front room, where there were fou
beds, where he was murdered next day, anc
taken to the room of McCurry, to attach the
murder to him, was not plausible The condi
ton Of the corpse-its position in bed-relaxet
muscles-and general appearance, contradictet
such an idea. The finding of the axe, coun
sci contended, was no evidence of guilt; for il
the prisoner had SO used il, he would so dispose
of it as to avoid its being found. There is
Providence that marks the deeds of men, and
though no human eye may witness them, theil
way is Indicated by circumstances, pointing as
clearly TO the perpetrator, as the course of the
snail may be traced by his slime. Counsel say
there was no proof that McCurry slept there
1t was true; for his guilty conscience drove
sleep from his eyes Early next morning, Nc
| Curry came down stairs, and in answer to a
question after his roommate, he said the young
man had arisen, gone out, and would not be in
to breakfast. Thus, with n full knowledge OF
his victim, he utters lie to hide his crime
The young man wanted no breakfast, for the
prisoner had inflicted blow upon his person
which rendered all alment or the necessities oil
| life of no avail to him. The door of the room
was found to be locked a few hours after Nc
Curry left it; and who could doubt but that he
had secured it,
Counsel had dwelt much upon the evils re-
sulting from convictions upon circumstantial
evidence. A single circumstance, might be Of
doubtful tendency; but where they are multi.
Piled, and each pointing to the same conclu-
sons, form the strongest evidence that can be
procured to lead the mind to any definite con-
clusion. They form a chain, as in this case,
that cannot he broken by any theory the hu-
man mind is capable of suggesting; and as
such, force conviction upon tho mind. Mr.. r.
then went into a review of the testimony. Re-
ferred to McCnrry's passing up to his room, Sc
veral times during the day; his taking his new
trunk to it, placing his clothes in it, and bring
ing it, with his old one, which he gave to No
Ian, from it, having placed his clothes in the
new trunk, in the room where lay the murder
ed Roux-having refused to let Nolan aid him
in packing and preparing for his going Off Re-
terred to his flight, and his taking passage to
Liverpool, hoping thereby to place the broad
Atlantic between him and the nangled corpse
of man whom he had murdered.
In reference TO the watches, he cared not
whether Nolan or McCuuy first spoke of the
watches delivered at the cars. 1t could not be
doubted that the gold watch was the property
of Roux, and that it was in possession of Nc
Curry during Monday, for he repeatedly exhi-
bited it and spoke Of it; and it was the only
watch heard of during the examination Of
witnesses. With all the other evidences of
guilt, if there was wanted capstone to the
tower of proof, the finding the gold watch of
Roux IN tho bosom of McCurry consummated
the proof of guilt and painted the Nervousness
of the crime. The fact of the prisoners at
tempting to commit suicide, after arrest, was
referred to as proof of guilt; and all the cir
cumstances Ginning in so clearly and closely
to point to the prisoner as the guilty person, he
could not doubt as to the result of the verdict.
He had nothing to say i'll defence of the wit
nesses-their own conduct, candor and frank
ness, throughout the whole affair, shielded
them against any reproach.
MIR. r., in the concluding part of his ad-
dross-whlch was Characterised throughout by
his usual ability-more than cxceed HIMSELF
indeed, such was its effect upon all who heard
him, that, spell-bound they were wrought to
that degree of intensity of feeling which dis
possesses the will of its own free action. His
charge to the jury in referepce to the oblga-
ton resting upon them, to vindicate outraged
law, religion and society, was an effort of INTEL
lectnal grandeur, moral sublimity, and impas-
stoned eloqnence, seldom if ever displayed in
our halls ofjustice.
,t L
on his concluding, the case was given to the
Jury, with the statement of the law, leaving it
with them to determine, if guilty, the degree
OF the crlmo-whether guilty of murder i'll the
first or second degree.
Tho Jury having retired, after an absence of
about half an hour, the Court took recess, at
a quarter past 4, till half past O'Clock, P. M.
Halt past five o'clock. The Court met agree
ably to adjournment; Immediately thereupon
the jury came from their room, and upon the
Clerk asking "Gentlcmen of the Jury, have
you agreed upon your verdict" the. foreman
answered, awe have" elbow say you, is the
prisoner at the bar, Hcary McCurry, guilty or
not guilty OF the charge whereof he stands in
dcted?" TO which the foreman replied, "Guu.-
TY OF MURDER IN THE FIRST DEGREE"
The prisoner was remanded back to Jail, to
await his sentence, which will probably be de-
liyercd in few days; after which the time
for his execution will be fixed by the Governor.
The prisoner, who had sat during the trial.
gazing with wild and rather unsettled eve,
qualed under the announcement of the yer.
dict. The concluding portion of Mr. Rich
ardsons nervous argument had, no doubt, fixed
the impression Of his awful fate on his mind, as
indicated by the protruding of his swollen lips,
quivering about the eye, and doath-lke color
of his face. When arragned to hear the ver-
dict, he was unusually pale; its announcement
produced slight livid color of countenance,
and tremor Of his person; and upon rising to
depart, he seemed to let off his pent-up breath.
and breathed with some emotion of mouth and
throat.
The regular jury were discharged till Mon
dav and Tho court adiourned