The New York herald., 1845-04-21

would seem he was to have taken her quarterly allow
nnee When taken into custody the sum OF fi2 los was
und in his pocket From that fact might be inferred,
nat he had gone down with Of mixed feeling other
Of paying her the money il he had the opportunity Of
his motive of destroy her. had been suggested that
would commit such dreadful crime for the sake
Parse1 should say was not natter to be easily judged
r. His Lordship touched upon all the evidence regard
ng the alleged pecuniary circumstances Of the prisoner
and reed the letter from his wife, in which auson
made to the anxiety to havethe papers from sydney
Az Ito the feeling appeal made upon that affection
ate letter by the prisoners counsel, eMr. Baron
Prke said that only proved that the prisoner had been
very kind to- and enjoyed the affection of his WIFE, which
was not at all incompatible With his commission OF the
woman His ordship then went into the evidence as to
the alleged attempt made by the prisoner to poison the
proof that occasion that he had administered prussc
acid to her but was remarkable that alter drinking
should have been SO ill., and hat after drinking porter
again with him the st of January she should be taken
III again and should have died But direct and posi
tive proof had been given that she had actually taken poi
son IN September II was only suppositcn. His lordshp
having thus prepared the Jury for the questions they
would have TO consider proceeded to read the evidence
The strong acts against the prisoner his
at the womans house. about the time she died his decla
raons before and after bis arrest and the fact that prus
sic acid was found in her stomach. He had given
outline of the case and made the general observations
i was his intention to make and he would next proceed
read the evidence The learned Judge then read
the evidence in detail With regard to the testimony OF
Mr. Champneys he said that when he first saw the de.
from the body but when he opened her chest he did smell
it, and he mentioned the matter to Mr. Pickering who
ing BEEN used The Witness so stated that he naa
doubt she died from the effects prussc acid and he
gave that his opinion before he hesrd that the prisoner
had bought prussc acid and there was circumstance
that considerably the evidence TO the pre-
prussc acid in the stomach of the deceased All
the edcal gentlemen who analysed the contents of the
stomach stated the results OF their experiments prov
ed the presence of this particular poison, and would Of
be fohe Jury to take all these matters into cons
dnYot said fhatnn Tho rurtnr nf
death from prussc acid Auidity Of the blood after
DEATH and it appeared that in this case the blood of
the unfortunate woman was in fluid state utter Mr.
Champneys had seen her and pronounced her dead
The evidence with regard the tracing Of the prisoner
he need hardly repeat as i was not very and
men, Larkin, stated that he found cover Of bottle un
der the deceaseds crate, but the witness Thomas dis
therefore, have belonged to bstte containing prussic
acid Nwea suggested BY the prisoners counsel that il
womsns house, and which had, perhaps, contained
destructive aud but there nothing in evidence
conclusive upon these points i the circumstance had
weight at all it certiny in favor of the prisoner
The learned Judge then referred to the evidence OF the
witness Perkins, and commented upon the declarations
made to him by the prisoner, which he said i'm
portant point for the consideration of the jury With
respect the evidence given by Mr. Thomas and others
in reference to experiments made to extract prussc acid
from the pps of apples that important inssmuch
prussic acid found in the somach before could have
been created there the pps of apples she had eaten
suggested by the learned counsel the defence
that the death Of the might have been caused by
some sudden emotion OF the mind some other cause OF
suddendeath. But such hypothesis could rot be
teraned and he would not be the jury when
they hal evidence before them that there agent
which was quite Sufficient of itself to death
AS men OF common they would, Of course, take
that view Of the matter He referred to the circum
SIS, stance ne wished again to upon thsn
servations Of counsel His lordship next referred to
the evidence with respect to the alledged motive for
the commission of crime, and the history of the pr
soners commission with the deceased. He then pro
ceeded to that he believed he had gone through the
whole OF the case and read all the material evidence at
length and IL was for them now to form their
scIentious opinions as reasonable men, holding the
n the evidence adduce left any rational doubt upon
their minds-a doubt which, as sensible them, they
thought had weight but not trivial doubt created by
ingenuity but rational doub-they bound to give
the prisoner the benefit of it. They must have aspect
all the circumstances Of the case particularly to the pre-
sence OF the prisoner just before the death decee
ed. and the fact of prussc acid being found in her
stomach They must conssr the conduct Of the prisoner
both before after the death of the woman and all
that evidence left any rational doubt upon their minds
God forbid that they should not give the prisoner the be-
eft oft was their duty to do for they bound
doubt upon their minds But il they thought they could
not explain all the circumstances of the casethe pre-
they believed his statements unworthy Of credit and co
scienously thought he guilty of the offence with
which he wss charged it would be their duty for the
sake Of public justice that the administration Of that JUS
ce might not be dsparaged and that the confidence of
public in that administration might be shaken by
person not being convicted upon evidence which, upon
due deliber alton calculated to produce impress
sion that he was guilty 1t their painful duty,
after the advice and assistance he had given them,
form their own deliberate conclusion He would add
nothing more but would leave the issue entirely in their
hands.
Mr. duRsKr begged to remind his lorshp that he had
not mentioned the evidence which had been given with
respect to the prisoners character.
which he wished also remind tie Jury of, and
which he had already adverted but only in general
wayhe meant the good character which the prisoner
had received from several witnesses Such evidence
admissible in Of this kind because went to show
the general impression Of the habits end feelings OF
person. The prisoner reputed to be kind hearted
and benevolent II admitted by his counsel that
had been transported for offence the nature OF
which they had not been told but i was said that it
not which calculated effect his character for
kindness Of disposition HIS Lordshp then read over
the evidence alluded and left for the Jury decide
reference to its value to the prisoner in his present
position
The learned Judge concluded summing up at SO mi
nues after o'clock and the Jury then retired TO consi
der their verdict.
Another Jury was sworn, and another trial pro-
ceeded with but the Court still remained crowded to
by persons anxious to hear the result OF Tawels
At hve minutes after la o'clock the Jury returned into
Court and passage Immediately cleared for them
order that they might face the prisoner whilst deliver
The prisoner looked extremely pale but advanced to
the front of the dock with firm step.
The names Of the Jury having been called over,
The CLERK CRowN said-Gentlemen. are on
agreed to your verdict
FoREMANYes
The CLERK OF THE CRowr-wha, say you-is the pri-
boueT guilty. OF NOT 8ullty
FOREMAN, (in n loud and firm tone)-GUILTY
The CLERK o. rHS CaowS, addressing the prisoner,
sad.You have been indicted for the wiliul marder OF
Sarah Hart and you have been found guilty of having
committed that murder What have you now to say thar
he Court should not give you Judgment to dio according
70 law
The usual proclamation for silence whilst the Judge
vas pronouncing sentence, was made
During the passing Of the sentence the prisoner appear
ID calm and unmcved but when the last words Of the
earned Judge uttered the muscles OF his face be-
,ame slightly convulsed but he walked back into the
lock without the assistance Of any person.
Notwithstanding the calm deneanor OF the unhappy
criminal throughout the trial and while sentence
being passed upon him. his strength became exhaust
a when he descended the ladder which leads from the
lock to the Jail yard He fell upon the ground in fit,
tut he Immediately raised by the jaiors who
conducting him to his CELL aud he recovered in few
minutes His spirits, which during The time he in
,rison previous to his trial unusually gecd have
iow sunk to the lowest possible ebb. Up to late hour
II the evening he continued to pace his CELL aud cry
oh, dear oh dear-what will become Of my poor vile |
md my children.' Dinner served TO him at his
isua hour for eating, bat he declined to partake Of
Later in the evening he ate beef steak Whether in
erousuess Otherwise his conouct gave evidence Of