The New York herald., 1845-04-21
singular Trial in England-Tho Salt-Fffu
murdcr-An EnKllsh Execution.

and at the entrance the Court was one of the mott
and sminenty disordsry could possbv be
imagined II resembled the crush ana rush ri the
husngs dur ns contested election than opening of
psraon for the accommodation Of the press nothiog
could be more unsatisfactory unsuitable Alter strug.
gle 1 more than half an hours duration destructive Of
clothes and almost fatal 70 life limb the reporters
fought their TO miserable little corner of one Of the
galleries totally insufficient in space and destitute Of sv
cry accommodation the front seat being far from the
rail to allow Of writing and the back seat loo high to be
available as seat and three times many rep pre-
sent as could be supplied with stsndng room But
the scene within the Court beggars all The
opening Of minor London theatre for the frat night Of
could be compared. Crushing yelling jesting sheut.
ing, ana making every Mr. Baron Parke having
.aken ms seat murmur ran through the Court He s
JoHr TAwELL. aged 81, merchant and q Quaker, was
nen Pacsd the bar charged with the wiiui murder Of
iy oy administering to her two drachms Of deadly poi
The prisoner appeared in the dress member of the
Society OF Friends He took Of his hat coming TO the
bar and It was placed the bench him. He looked
very pale but not unnaturaly So he attended strict
~ TO the swearing in of the jury He responded to the
70 object he pleased to any oithe jurors by
his counsel less than thiltesn the jurors called
Inc requisite twelve having been at length selected
Mr. Sergeant By les and Mr. Prendergas conducted the
prosecution
The prisoner was defended by Mr.. Fitzroy Kelly Mr.
Mr. Sergeant Byes stated the case The jury could not
expect in ease like the present. more than cir.
n
deadly poison from the il 70 the
Dody otthe murdered but that eye from which nothing
hidden but Mr. byes would lay before them history Of
the connection between the prisoner and the
from its commencement to its fatal termination He
wouldtrace their connection by evidence which it was
unnecessary or him then to open in DETAIL but he would
give jury sketch which he was about to
alengh rhe learned sergeant then proceeded to give
clear and succinc statement of the first acquaintance
between the prisoner and the deceased, who enter
ed his service some ago domestic servant She
was hs
children The learned sergeant having gone through ali
.ni INST which he was about to in
Inc pInener by request OF ME- Kelly, here
The prisoner preserved the most perfect composure
the day He communicated frequently with
M ano counsel and sometimes excited oserva-
ton BY the sharp and rapid manner which he turned
round on two or three occasions the witness
any answer he did not seem to like From the poston
which his chair was placed in order that he might
face the jury ais back was turned to the witness box and
10 the persons assembled.
There being no preparation made, indeed easily
nconv enient gallery, they were in perfect darkness
during the last half hour. The candles in the lower
acting dazzlsrs to those persons placed above Ser
flames and rendering the upper carkness intense
by contrast
Atths conclusion of the evidence to character,
Mr. Baron PARKE glanced the Court and said that
the question then was should they 60 darkness
which, despite the aid of the candles he feared was still
TOO great in the Court adjourn to tomorrow The
case was very heavy one, and it would probably be
Juror cried sut.oh, 60 on, my lord. go on. We
have objection to finish We will sit until we finish
Mr. Baron PARKE-ln so important a case gentlemen
cannot iairy undertake to wind it up tonight. think
we had better adjourn
A JURoR-My Lord, shsll we have beds7
Baron PARxE-Certainly, gentlemen, BEDS Of course
Several JuRoRs Why, my Lord we could get no beds
Mr. Baron PARKr turned to the Sheriff. and requested
that beds should be procured for the Jury He received
preceding right, which was not audible ' '''
Inc JuRr-We would rather sit tonight my Lord, and
Baron PARxE-This case, gentlemen, is too inpor.
tant be pressed to termination and fear could not
see sufficiently well to read my notes with the attention
The Court was then adjourned to eight O'Clock on Fri
FnIp., March "A "A curious illustration was v.,or
day afforded by the prisoner of perfect eooness and
selpossession fol which he has been along remarkable
teW gentlemen were allowed to stand within the dock
among whom was ene who being rather near sighted,
put up his glass: the better to observe the prisoners
lures When the Court adjourned before Mr. Kelly had
commencedhis address, the prisoner Tawel wslked up
70 this gentleman end said "Why do you stare so at
Sir-what makes you single me out for observation i
The gentleman was so asonishsd that he coud scarcely
reply He merely tried to stsmmer out an apology asked
pardon and said he did not to stare oensvey The
prisoner then descended into the jail.
during the entire time occupied by his counsels long
and able speech Tswel remained standing with his face
ascended and the steps the place with cons
derably greater agility than on the previous day.
b X.
after which hour Mr. Baron Parke took his seat on the
bench, and after the commencement OF his Summing M
nose srsy spe in making great
and his oraship spoke in his customary clear
ana audible manner, considerable portion Of his pre
minary observations were entirely lost broken and dis
jointed portions of his sentences only being audible
His lordhp began by the usual observation that il had
then become The province Of the jury to decide upon the
merits OF this deeply important case and to decide
after having heard from him those observ aons which Il
was his duty to make both upon the law Of the
evidence q inn
o the prisoner who stood there upon his trial before
to do length ns the entire nature Of the evidsnce he
should request the jury to dismiss entirely from their
nmds much Of what they had heard from the learned
counsei who had addressed them behalf of the accused
or read out of doors regarding that most painful end i'm
eommission Of crime almost unparalleled IN the history
OF human wickedness The question was one Of fact and
judges Of the question Of fact He (Mr Baron Psrke)
would offer them such propositions respecting the bear
az such they receive them from him hut the urv
alone should decide upon the question Of fact.
their province to decide upon the evidence they had
esru ana on the evidence alone they 10 found
their Judgement They should dismiss entirely irum
their minds whatever they had heard Of doors con-
cernins the prisoner or sgainst him In this country
matters become public, and were subjects of pre-.
Judgment through the nstrumentalty Of the press,
long before they came regularly under judicial nves
tga!ion He should inform them that the law with re-
gard TO criminal proceedings had been recently altered
and during great portion OF Ris (Bsron PsrSes,
own professional the practice had been for
counsel for the prosecution simply to tbs case he
was about to prove, without commenting It, The wit
nesses were Called and the prisoners counsel cross-ex
amined them. Nothing but the merits Of the case itself
was submitted to the jury and the consequence was that
there was nothing to influence their minds in coming
aconcusion But had pleased the Legislature to alter
this mcdo Of conducting proceedings in criminal
and nc lbaron Burke) thought the alteration wise
Counsel for the prisoner were permitted to address
such observations rs they pleased to the Jury, but
result had been, that additional duty had been thrown
upon the Judge and he was Obliged to assume line
to dssipetc the effects of appeals feelings upon
minds Of the Jury It, therefore, became his Baron
vations Of the learned counsel for tho prisoner and to d
rect the Jury to dismiss from their minds all those
to alarm them BY appeals their fears and pas
ions Iney nad duty to perform to tho prisoner, and
they should give him the benefit any doubts that might
arise upon the case He doubts such as might oc
70 the mind OF reasoning man. But they had also
duty TO perform to the public. They had taken a SO.
Tenn oath to return true verdict according to the evi
dence, and they should return that verdict not inu.