The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-20
Trial Of spencer for the Murder OF his WIFE

/
In jersey Cttys
Before Chief Justice Hornblows,, e Justices John
Tonnelle junr, James NJ Donneu, Inn 0rifnth, John
| G. speer, c. Van Wrinkle, and Geo. 6. DsKay.
r, cour, ., ,se ssS hour Our prisoner took
his usual place near his counsel He Ather and sister,
| brothe rim law and other friends sat near him.
he %ep 81 81
ing at Mr. Har,isons door said wished to see Mr. H
asking him for any money then wsntto Mr.. Hs build
ngs in York street, returned. and told Mr. Spencer
railing and had very wild .ppssrancs he looked wild.
y. and suddenly turned round he then said he would
give me and py 1g wSS 60
told him could not leave my work; he looked very
wild as if something heavy was on his mind
prisoner his asi ae s's Sn The a ay THIS
witness corroborsted the testimony Of guel McLangh
lin in relation the eccentric conducted prisoner at his
hotel the dsy above referred crossing his
wildly and staring also wildly and looking distracted
MN 10 'ns & snS ne nd "a one
his wife Mrs Spencer-I told him thef had not time to
listen to family matters he said sbout his wife going
had wife that would go with other men i' told him
would not give him any advice on such subject; he in
he then put his hand my shoulder and he told
that day or two before he had been lying the
that he looked round the house and learned she
had gone to New York went down on board the boat
and crossed New York enquizng at some hotel there
he hey did lid mott not sleep at he hotel and they told
send porter to his store to see if Richardson in
there's in the meanwhile that he went to Richardson's
her brother in Mr. Rchardson bed room; that he asked
them what they were doing there and forget the reply
he said they gave hm he said Ne used some threats at
the time of exposing them for being there and that he
would expose them; he broke of that conversation by
pulling letter of his pocket he wished me to read
corning his wifes characters told him did not want to
know anything about his family affairs; he commenced
him BY going down stairs; he commenced telling me
how many husbands she had had; and about her getting
she was; and how dearly he loved her. that wanted
her to 60 South with him. and that she would not CO.
that he could mot think Of going away and Leaving her
and went down sairs while stairs he wanted to know
if would board him; told him would; be took board
that afternoon and took tea there's this was on the 4h
July; he came my house that afternoon about O.
clock stopped there ell the until after tea;
he ate very little at supper, he took cup of tea and
looked around the ROOM and waited Others very po
ely the table from his left house about
6k o'clock and him 80 up the street about an hour
afterwards he was aone he passed up at the opposite
side of the street.
In his cross-examinaton, witness showed the
in which the prisoner, in Wild manner, threw himself
strange genemans lap in his (witness's) hotel
Police officer poLLAsD, who had already given test
the watch the light Of the LIST July; he was called
by Mr. Dobbin who told him he wanted them to take
up Mr. Spencer that M wa n crazy and was
laugh there from some ladies'; told him watchhouse
would give very poor accommodations to man out OF
his mind; two gentemen then came out to Mr.. Do
bbin, and one of them said Dobbin you
king fool of Yourself; why do you want to disgrace
yourself by putting Mr.. Spencer in the watchbouse
Mr. Dobbin asked. me il would stay round the house
that night; saw Spencer the next morning at the ust
Mr.. Spencer he looked like man that was very much
agitated he appeared like crazy man; saw prisoner
again on the i4th July, at Martins hotel.
10 chnu u~ta Vfnf
the prisoner TO the homicide in
order prove the prisoners insanity at the time of the
commission Of the act.
The STATE objected
The CouRr stated that the books allowed the introduce
ton of testimony to acts and declarations of the pr
Immediately preceding and subsequent to the &C,
termne.
wIrsnss continued talking to the prisoner at
his cell the evening after his heard deep moan.
ing from him at the me he made several noises after
the arres he did first TO mind he then ask
ed me if was a friend of hiss he then burst out into
strain asked Is dead is she dead ~ told him she
was he then asked go if she dead, two
three times and moved away the windows he then
commenced Is she dead is she deadl' and then cried,
on !. that could but speak one word to her. oh!
that could but say but one prayer for her TWAS 80
affecting to that had to away as got up to CO. he
said friend, are you going % said, yes" oh y
stay that would come back again and see him; when
returned, he said. Oh friend what while you have
been gomez then It was the same thing right over
she desd is she deadr made the same answer, and he
repeated before "Oh, had but breahed one prayer
for herr" then went away and heard him moaning
The COURT here tooka
WITNESS recalled-I went again to his cell ard saw
him through the grating; it was then daylight he went
on with the same sort OF conduct and expressions as
have before stated.
Witness here detailed some further had
with prisoner on the subject of employing counsel
Mr. ScuppER, District Attorney, testified that he had
been in Justice Edwsrdss Office on the morning OF the
2nd July prisoner brought in about 10 O'Clock :
prisoner called aside and inquired for counsel some
conversation had about the improperly OF taking
~ ar,l ar,At nlA
that he was related Joshua Spencer he told the
difficulty he had been n and that his wife was kept from
him he complained of Mrs. Dobbin keeping his wife
told him the only way thought he could get possession
Of his wife by writ of habeGs copus he also told
me that his furniture his property was locked up in the
house ; / stated to him that the only way knew by
which he could get OF the property was by
writ of replevin explained to him the legal form
had occasion to leave business, and took my depar
Dr. BRrcHAM, medical attendant of the asylum at
Utica testified that he had been physician for the last
IS years witness had charge of the above asylum for
the last four previously had charge OF the insane
Of the Hon Mr. Spencer in relation the insanity
prisoners father Miss Eliza Spencer sister OF the pr
also confined in the asylum she was perfect
ly raving maniac uncle OF the prisoner, General
Spencer, is in the asylum after detailing, in corro
borstion of the Hon. Mr. Spencer the facts introduced
QuEsroNAssuming the facts testified this trial to
he true is it opinion that the prisoner was sane or
insane at the time of the commission Of the homicide
The STATE objected, and asked witness if he had not
been absent some part OF the time
WITNESS Il had been absent day for about
hour it was on Monday morning during crossexamina
ton Of Mr.. Dobbn.
~ The STATE hereupon objected.
QuEsrIoN by distinctive will put the question, then
in this way assuming the facts testified in your pre-
sence, this trial. to be true is your opinion that the
prisoner insane at the time of the homicide
The STATE again objected.
The defence argued in support of its position, and CT
ted authority from the Massachusetts, reports, and the
decision Of the House Of Lords in England in which
questions similar TO this proposed.
The srAIE replied ccnteniing that the principle con-
tended for by the defence. substantially different
that admitted by the House Of Lords They were
decisions in nisi priUs courts at New York
The CouRr would he governed by the laws of New
Jerey in this case which made her own laws. They
had been tired Of hearing OF the laws of Massachusetts
New York, and Pennsy lvania cited authority here
but they should be governed in New Jersey by their
own laws If principle of law in relation to the ques
ton before them to be laid down the Court desired
that the Supreme Court should decide upon IT, The
Court after stating excluded the testimony solely up
principle by no means TO prejudice the case OF
the prisoner eyncing feelings against him, continued
la l !. i Tan ~