American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-03-13
Reported for the American Republican,
BALTIMORE CITY COURT.
Presen.--Jidges Brice, .Nisbet aud Vorthington
TRIAL OF HENRY NcCURRY,
ENp MITRnEp

DALI lhoRE Ctl coORl.
Present--Jidges Brice, .Nisbet aud Vorthington
TRIAL OF HENRY EIcCURRY,
FOR MURDER.
WEDNESDAY, March 18th. The entrance to
the Court room was again blocked up by an
immense throng at an early hour this morning
each manlesting the utmost solicitude to reach
the inside OF the room, in order to hear and
listen TO the eloquent counsel engaged IN the
case. The prisoner was brought in "a little be-
fore 10 o'clock, and the court and jury being
IN attendance soon after, the trial was proceed
cd with.
George r. Richardson, ESQ.,, in opening the
case before the Jury, said the testimony elected
had proven all he expected to prove, and fully
sustained the character lie had given to the
deed, as foul and most bloody murder. The
idea of suicide was at rest. The deceased had
come among US, an entire stranger, and at
night, when he was met by person who prot
Tered him protested kindness and few hours
afterwards, this innocent, young, confiding
stranger, from blow upon the head, passed
from time into eternity, suddenly and uncon-
scious Of even pang for SO deadly was the
blow, that he died without a struggle. Mr..
RS reference to these facts, was couched in
such language and uttered in such tone, az
most eloquently and touchingly to fall upon the
ear of all who heard him, with all the force of
truth, reason, and conviction. Mr.. R. then
read from tho books the distinctions between
murder in the first and second degree, and mere
,nanslaughtel and remarked to the jury, that it
was their province, from the facts and the law, to
determine whether the prisoner at the bar was
tho murderer, and the degree of the crime,
Mr.. r. then commenced an investigation of
the testimony in the case. The arrival of the
stranger; his having been conducted to Noan's
by hlcCuny; the deceased and accused rooming
together; and the stranger found dead in his
bed. In referring to this portion Of the testl-
mony, he was aware the defence would con-
tend, that because no noise was heard during
the night on which they retired together, there
fore the murder could not have been commit
ted-or at least by the accused but he contend
cd no other person was SO competent to do such
deed, in such a manner; that it was mpossl-
bic, if he was innocent, to be ignorant of the
condition of his roommate, because no person
else had access to the room it remaining locked
until forced open after he had fled. Another
proof of his guilty knowledge was the fact of
his telling the landlord, upon coming down
stairs early next morning, that the stranger had
arisen and gone out; and his saying he had a
risen so early for the purpose of going to Yer
mont; and when questioned by the landlord as
to his determination to go off, when he had said
nothing of it on going to bed, he replied that
he had made up his mind after he had retired.
He then referred to his fight; the arrest; find
ing Of Rouxs breastpin, watch, and other things
upon him. Mr.. Il. occupied about half an
hour in his opening argument before the jury,
in close, definite, and clear analysis of the
testimony in the case.
J. Morrison Harris, Esq, on the part of the
defence, expressed the embarrassment be labor
cd under from the fact that this was the first
time he had ever plead before a jury of his
countrymen, and in case, upon the issue of
which depended life and death. Deslrous to
do all in his power to do justice alike TO the ac-
cused and the laws of the land, he should con-
fine himself to a close reference to the testimo-
ny and the law; and ho hoped that the jury,
aware of the heavy obligations resting upon
them, would follow him in the investigation,
aside from all eytraneOus circumstances or i'm
prcssions
MIR. III. referred to the fact of Nolan's
meeting Roux, inquiring for cheap lodgings;
ofthcr arrival at the tavern; and in refer
ence to his going up stairs, he commended that
there was no proof in the case that Roux and
McCurry went up stairs together, or slept in
the same room. Nolan, the only person in the
bar, saw them go to the foot of the stairs, but
closing the door after them, he could not see
whether they went up stairs together or not
No person saw them go up-Nlr. and Mrs
Leonard, who were in a room below, heard
footsteps passing their room door, and think
they heard McCurry's voice. No proof was
elected as to their going in the same room.-
No noise was heard during the night Of Sun
day, the time which it is supposed the deceas-
ed came TO his death. He had but little faith
in the evidence of Nolan or Leonard, and
should show many inaccuracies in the state
ment of Mrs. Leonard.
The actions of men must be determined up
on by the consideration of their motives and
the circumstances surrounding them. Nolan,
proprietor of the house, and the Leonards
inmates, felt the Importance Of attaching
the alleged murder upon some person. He be-
leved that Nolan lied most unequivocally; he
had denied paying away gold for house
rent, and said he had been directed to burn the
bedding by the magistrate; both of which asser-
tions had been contradicted by testimony that
could not be doubted
The fact of the accused manifestIng some I'M
easiness when arrested, could have no weight as
evidence of guilt, when compared with his open,
free and frank conduct on the day upon which
which he left this city; visiting his friends;
cheerful and joking at his meals; and inviting
his acquaintances to refreshments, and TO ac-
company him to the cars. And, under, these
circumstances, if he be guilty, he acted, to say
the least OF 1t, the part of most silly ass His
departure had been designated by the counsel
for the STATE as sudden flight; but the proof
was, that it was premeditated. What was the |
inducement for his stay in this city if he were