The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-26
Court M Over ANA Terminer..

Court or Oyer and Terminer.
Before Judge Edmonds Aldermen Vantne and Brady.
DE a5-1riai Of Nm Harper for the Murder Of John
George Kimp-The case resumed this morn
ing when the District Attorney summed up for the pro-
secution His address took up three hours The Judge
then charged the jury and in commenting upon the dy
ing declaration OF Kimp the deceased said that where
law complied with it is entitled full credit from the
Jury in this all these formalties and requirements
under the solemnty of an oath and the terror OF i'm
pending death; and if the jury satisfied that it is
true there could be no sort OF doubt but that his death
There is nothing certain, said his Honor that the
blow been either given sy the prisoner or by
Mrs Kimp the deceased; one witness only had been
produced 10 show that it Mrs. Kimp that did it, and
that testimony at the time il given, struck him very
orcby show d. if could he relied that she then
entertained deadly hatred against her husband and if
the Jury could believe that testimony There could be
doubt but was she and VINO gave inc Ia
tai stab but this well all ohecases OF the same
kind prese that disgusting feature which call false
testimony. In considering and weighing the testimony
support this defence, you must take the character OF
the Witness his behaviour the stand, how he
rounds himself and the sort OF barriers he puts between
another feature in the testimony of this wness mean
the extraordinary character OF the declaration he test
es to- as being made to him by Mrs Kimp, an exraor
binary declaration repeat for any person IN
senses to make even to friend, much less person
who il appears from all the evidence in the to be
to her comparatively stranger This you are also to
take into your consideration and it is one of the circum
stances by which you come to satisfactory con-
cluson whether Roomes account is true or false one
You will find upon comparison Of the testimony that
csrroborated in every instance but one and that
is TO who gave the blowout as to who did that there
He then laid down the legal rules applicable to the Gre
dbity OF witnesses, and said the jury were to enquire
nesses, and they would find that in all the
main features of her testimony, she corrobora
ted by all except Rogers and Gibson upon whose tes
mony he anmadvered at some length; but there were
many circumstances in the that would enable the
jury arrive at proper consideration of this natter
There nor instance the circumstance Of his running
away but he might do this and not be guilty He mgt
be imd man. and his fears would in all probability get
the better of his dscreon but you must look and find
out whether he is a man Of that kind or not On the
othe hand you must form OF all the facts
and circumstances, see whether he did not run from
having committed the act and from consciousness OF
guilt Again. you called upon to determine whether
this wound has not been inflicted in scuie in conse
whom prisoner arrested Immediately after, end
called upon to account for his conduct that he never
would appear that this defence Is after thought and
you must give it tho consideration think due to it,
in coming TO conclusion in this case Il you hnd that
it the prisoner who struck the blow, then is your
duty enquire that crime it iswaether 1t is murder
or mansaughter? He then stated the marks by which
the law disng ushes the two crimes from each other
and told the jury they enquire, the blow
struck with an intent to take the life OF Kimp lfso
was it done by the hand of man of depraved heart
who at all times, and all occasions reckless OF
the lives of his ellowcreatures for that Of itself would
constitute murder. But whether it is manslaughter
murder, must depend upon all the circumstances and
incidents depending upon the perpetraton of it After
termne first whether Kimp is dead if he is dead did
he his death by violence, and was it by the hands
it is mansaughter murder. The prisoner was then
ordered to be removed, and the jury retired; After
consultation Of abou; two hours hours tasy came in with
The prisoner, William Harper is native Of England
and has been fifteen years in this country He has been
married about seven years, and has wife and two chill
dren now living in this city He was house-csrpener
and wheelwright
GoUGH's LAST STArEMENr-John b. Cough is
again the field, and has published in the Boston
papers a statement in answer TO the charges pre-
ferred against him by the Police Gazette, of this
city. II is rather lame affair, however, and we
very much doubt whether it will prove satisfactory
to those who have perused the accounts OF Mr.
Coughs defacation. He attempts in this statement
vndlcate himself from the serious charges brought
against hun, but in so vague and loose manner as
to involve the whole affair in deeper mystery and
doubt We give brief abstract of his Defence
Mr. Cough commences by saying, he is compelled
the grossly outrageous assaults upon his character
He would, "under ordinary circumstances, prefer
to live down, rather than write down, the Ill natured
whlsperings of the evil minded but IN this case
silence is impossible, and would be wrong" He is
ready to meet, at all times, any tangible assertions,
and put them down-such have at last been made
by the Police Gazette. Mr.. Cough now alleges that
the newspaper war against him, is provoked by mer
cenary men, for mercenary motives, and charges
that the leading features OF the assault In the Gazette
are "base, shadowless, full coined lies" He next
to the conclusion that the great point present.
ed, pressed, and considered conclusive, the
ed fact that he at the house, where he was found,
In Walker street, at least more than once before the
week following the 9Th of September. This he de-
clares he can prove false, and then adds-"I say,
first, that can show, in manner which the editors
OF the Gazette little suspected, where have been,
with whom, where slept, and what | have done
every day and night that | have been in New York,
since May 18th, 1873"
And he does this by the following means, viii oh
we suppose any accused party might easily adopt =
Because, from that date have kept regular diary
whom met, what received with whom | stopped &c.
therefore, only ask any day to be named that have
been in New York since May 18TH ls43, and will pro-
duce as respectable witnesses be found to
where went, what did, and where took my nights
rest They may select any time they please and the
duced to the satisfaction OF every candid man. Aud
will now proceed to enumerate the only and all the
such evidence, touching the five six weeks story
as Will provethe assertion have always made and now
before Sept 5th ls45, and that it utterly impossible
for me to be there at any other similar place without
the knowledge Of my friends, for never, in any in.
stance was away from them.
The charge of the Gazette and the only material one
made by Them is, that one evening about six
weeks previous TO Sept 9th, ut should be Sept 5,h)
met certain tall, good looking woman, with dark hair
and eyes whom they siyiy insinuate0 shall perhaps
went WIN ner 70 the same house and LETT early
qualified falsehood, shall prove was in New
York and vicinity during part Of last March and April
from the 2sth of March to the 25th April home
was at Mr.. George Hurlbuts in Brooklyn. did not
visit New York again, until | passed through my
way to Baltimore on the st of July, in company W it'll
my friend; MIR. Morse. We returned to New York
the 18th Of the month, and this is the time pre-
sumo, that is alluded to, that in which charged
with meeting at certain dark eyed woman"
Cough here publishes a statement of Mr.. Morse, who
states that he arrived in New York with Mr. Cough
the 30h day of June, and with him all the time he
remained letter of MIR. Bates is slso published in
which the author states he to New York with Mr.
Cough and wife the 4th OF August and proceeded to
Albany with them on the 9th. Mr. Bates says he
with Mr. Cough the whole time with the exception Of
about an hour the 5th when Mr. Cough accompanied
his wife to Brooklyn Cough next alludes TO the charge
that he coming from the boat the 9th Sep
tember, with some female. To this charge he answers
Now assert. and defy contradiction, that came
from the boat in company with whatever, ex
cept such among the crowd Of strangers hurry
ing from the boat In this respect may been side
by side with one than but neither knew
them spoke to them held any what.
ever with any of fhcm .There rninht have heen for