The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-23
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In Jassey City,

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Tonnelle, junr. James M'Donnell John Grith. John
q speer, c. Van Wrinkle, and Geo c DsKsy'
THIRTEENTH DAY
The prisoner took his seat by his counsel.
TMorHY EDwA Kps, the justice before whom complaint
was made testified that after prisoners arrest he asked II
the wound was morta the Of deceaseds death was
brought by W. ~ Mundy; witness asked Spencer why
he shot his wiis spencer replied that nobody else
might enjoy her" then the committal and
gave TO the officer asked the prisoner he ready
for examination; he said not that he wanted counsel;
before at - O'Clock at Temperance Hall; Justice
Grihs and ny self were at TemPeran Hall; think
prisoner before what constable can't say; wait
ed until Ia o'clock; there was no examination at Tenn
perance HALL he said he should have counsel from New
York; issued the warrant the I'd July; Mrs Dobbin
complaint upon which the warrant was issued
h the Srb s,s
and jealousy; cannot express my opinions better than
in the words the scriptures, romths sth chapter Of
the Songs of Solomon believe TO be found in verses
or g. which says Love il strong as death and ea-
lousy cruel the graves the Goals thereof are Goals
Of fire. (Laughter) can assure the court that 1t IL
book books; have read il for 90 years. and have
always found something new in it; | never discovered
symptoms of insanity about the prisoner except on
Cross Eraminsd-I do not rscollect Mr. Poardi COM
ing to my office that day and saying that the prisoner
the prisoner not taken uP he would commit more
murders" or perhaps might have said he was dan
gerous man." think the latter was most likely Judge
Grifiths with me at Temperance Hail. and think
Justice Tonnele; recollect making use Of remark on
and the prisoner the justce when the prison
in the hall Of the city prison, heard him make
clothes his books, and his canary bird Uaughtsr)
DAsiEL Walsh keeper OF the prison. testified that he
him to smoke; he replied that he smoked; exam
ined prisoners trunk and never snuf colored coat
na sa n
LEWIS STowELL testified that prisoner went to pur.
chase goods at his store ia Jersey City, but can't testify
the exact time; he did not consider him insane.
JusrUs L. DoBBN recalled never knew the prisoner
to tobacco; he had snuff colored coat with steel
brass buttons all his coats were sent with his trunk
to the ail observed thing in the conduct OF
the prisoner that induced to believe he was inssne
have stated this that did not know but he was in
sane" my reason for saying he insane felt it
great disgrace to have brohernlaw there quarrel
Here (sbout ~ ococIS there was pause some Of
the witnesses who had been summoned part oil tho
State not having been in attendance ten -
the Stae he testified that he kept Jersey City,
in Washington street. one door from Montgomery street,
his store from four to six times; he made purchases at
his store and had been present at the time of the
chase; waited on him but once, ard saw him there
other tines noticed anything about him to indi
cate insanity noticed him and Mrs Spencer being of
which they asked for they selected goods at two shi
lings and sixpence yard, and made good selection
Cross Eramined+Is vile and he appeared rs happy
together as any two ever in the store; he
good deal Of pains please her in the selection OF the
articles, and remarkably attentive to his wife; re-
marked aierw ards that he appeared be particularly
attached to his wife, aad loved her very much.
The Of the other witnesses VINO were SUBJ
poenaed the part Of the State, were now called
and did not answer
The indictment was here read by the State
EDGAR MORRIS testified that he was at the Railroad
depot tile Sd July last 1t was rainy morning; OBJ
served walking backwards and forwards he had
a segar in his hand he had chestnut color or brown
coat metal buttons the old style of cut, high
collar, and swallow tailed he had short vest did
not notice anything about his pantaloons Qaughter) l
can't say it was the prisoner at the bar don't think
the prisoner at this bar before
don't think noticed him very long;
ho ahnnt my a n leo
inches did not see the water running of mis- coat or
hat.
man did not take particular notice.
The court here took a
and met again at O'Clock.
Mr. DoBBrN, recalled part Of the State. EIamined
his trowsers they We're sewsd on he never allowed
his clothes to be sloveply he was always genteel in his
dress
RICHARD SIMMONS testified that he know the prisoner
and used to 60 to school with him place called
sprngvills, in New York he never knew heard of
his being until what he had read about he
school with him in the winters Of 1877 and 1923; knew
nothing of him to his character in Jersey City no
considered wild 10 his Manners and play fu Irecol
lect occasion that he was whipped, and don't
know that had any effect upon him different from that
usual among boys
Croseramincd did not see the prisoner in June or
July, in Jersey City if saw him did not recognize
him.
morning of the 18th July last when the prisoner
brought TO Justice Edwards, and some remark was,
the examination take place in the absence Of his
counsel Witness corroborsted the testimony Of Justice
canary birds &C. would not that he saw any thing
about him 10 show that he insane
The State here rested
sAMuKL ANsIs, of Jersey City, testified that he saw
the prisoner smoke segar the l4h July in passing
by his store he looked as if he had been crying
three o'clock walking towards the ferry he on the
side of the with he had on black coat;
house is at the south side OF Montgomery street
GEoRoE H. BArrY testified he had been subpenaed on
part of the State and the prisoner before so
as to know he was Mr. Spencer However he saw him
before at the railroad depot before the 4th OF July
The DEFENCE here stated their object in calling the
witness principally because OF his being suspo-
Laed on part OF the State.
Wrrsr.. noticed the prisoner on the day referred te
he passed him by within about fifteen feet noticed his
face; saw him altogether for about an hour
Cross-eramined.-He had on brown coat with metal
buttons; it a swallow-taed coat; told you to-day
that would he was the man; that would swear
in behalf Of the prisoner.
To DEFENCE told you would not tell what could
prove until was called as witness
OFFICER POLLARD recalled.-After prisoner .Ah the
Justices office the I'd July made remar TO Justice
Edwards that that man crazy. The Jdstice replied
to Yes and the man is not taken Of he will
commit murder"
At3 o'clock the testimony o, both sides closed and
the crowded to excess the gallery and inner
bar being filled with ladies' The prisoner here betrayed
some sy mptoms of anxiety the dgnifed camness and
composore which characterized his department through
out having empoIarily forsook him.
The DnTRIcr ATTORNEY here commenced to up
for the State The counsel at both sides had been struck
with the camness and patience evnced by the jury
throughout this tedious trial. He respectfully
nected-hs aged father had stood by him this try ing
emergency-his uncle-too distinguished and eminent
OF the soil occupying most eminent position in the
country-a Representative in the Empire State-snd
viewing the before them any lght,-it pam
full, and m. lanchcy to contemplate the circumstan
connected with the The defence did nttemp 10
justify the deedthey admitted the act-they deed
done-the life Of the deceased, it admitted was IA.
ken by the hand Of the prisonerand how did they
the charge That the prisoner insane when be
mitted the fatal deed. The defence upon
simple issue, that the prisoner nsane-thsy went
further-they went into another Also and went 10
show that the prisoners family were, them, in
sane II man acts 10 fit Of jealousy and commits the
fatal deedthe law does justify act on the ground
of insanity The law should guide them in this natter
man who Is insane, could not go into a witness how
make deed do any act that could he recognize ed in
law He contended that il the prisoner had noe or
deed any period of his life ACCORDING the retmony
introduced upon this he would be bound nv that deed
in law snl that being the he could equally