The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-12
Trial OF Spencer for the Murder or his Wife
In Jersey City.

Trial OF Spencer for the Murder OF his Wife
In Jersey City.
COURT AND TERsusER, HUDSON CO. N. ..
Tonnell Junr James Mcdonnell, John Grihiths, John
@. speer, C. Van Wrinkle, and DeKay.
FOURTH DAY:
day the gallery crowded with ladies' while
the body of the did not present such strong
array of as on the three previous days The
prisoner took his usual place near his counsel His
father sat beside him.
Jusrus L. DonBrs recalled Direct examination resu.
med on part of the State, by the Attorney GeneralI
into MIR Harrisons for the pistol on the evening
referred to in my examinations discharged the pistol
Spencer discharged FIVE barrels but could not the
he answered, suppose it is the that could not fire
on he then asked me for the pistol this the Sd
Of July he said the barrel not discharged would rust
then gave him the pistol he did return it, did not
AJAX him on the Sd July he said he wished have
aconversation with me- and asked walk out with
him for that purpose; it was suppose about o'clock
just after dinner; walked down to the river; he then
and TAXED about the IN very way
and his wie he said that he OF very irritable ma
ture and so was his we and he rather thought he had
peen most TO blame; remarked that thought he had
peen most 10 blame; he said he loved her dearly, and
thought she did him; he said he wished her 60 with
her to go with him; told him he need not make any
offer Of that kind; that wished(them live together il
he did not mean at ALL that he believed she meant do
rights he said he should pursue different from
what he had with her; that he would endeavor not
to any hal sh language future nor to get exced
was partly in consequence of this conversation that
permitted MN 10 Keep the plstoln consequence OF the
confidence inspired; it also partly from tho conf
dence that his wife had in him that he would behave
himself ; sa;o on yesterday that there were two re-
first report il sounded very loud: she turned upon the
first report as stated yesterdays the exclamation Of q"
am shot, or am dead took place after the second re-
port she screamed en- the rs report the bedroom is
fleet by TO-
diagram of the room was here put in
The DlFsNcE suggested that the jury should 60 down
during the recess to view the locality.
The GouhJ had no objection at some future stage of
would be no objection to allow the witness to 90 with
them and point out the localities Both parties
premises il the jury should require it, this Saturday
forenoon, before the sitting of the Court
of ,hn Sno,t inc an mother was coming out
and was going out at the time having hold of the pr
soner; my mother then came into the after some
police o1cers came in; my mother passed right to my
sister standing by the iounger then turned and went
to ny sister near the ounger after this to the
little more than block did not 60 into the Jus
tees offices was not absent from the house above 1--WE
minutes; my sister had dress recolsct what kind Of
was hole in the dress of my sister before
was taken from her; my sister was twenty six years OF
age.
produced was OF lilac color, and plaid muslin II
was smeared over thickly with blood, which, in
deceased on the occasion also produced well
some other articles of dresshey all smeared
deep sensation in Court
Witness in continuation On the night Of the LIST of
July saw the pistol in his hand when the arrest
made went to New York and remained there for
time and then returned before | left for New York
gave directions that the prisoner should not be admitted
to the house. and told the prisoner aso Mr. Patty the
boarder referred to yesterday slept in the same room
with me on the night Of the LIST of Juy slept the
same room together during that evening; there no
quarrelling between them; there had been much quar-.
relng between the prisoner and the deceased
the i7h Of Msy and the LIST Of Juy it the 18th
OF May that they to reside at our house. and in
about three four days after these unpleasant Difficult
ties menced they had quarreled at different times
between this period and the LIST Of July.
C,oss-eramined-Siy sister married to Mr. Spencer
in Clevslaud Ohio they first became acquainted in
winter of 1874 don't know the month they were
risd in April. 1916 he called once at ou- house
after they became acquainted and he returned in the
shiI, and they were married in about six weeks.
The STATE had objection that the circumstances of
the courtshiP should be enqued into; but did not
what it had to do with the case before the Court
The Defence stated they would make that appear by
and by.
The ATTORNEY GENERAL objected to the defence going
into any matters previous to the 18th OF May.
such course, and the object would be made spparent
IN lew seconds embracing the most important point
Of the prisoners defence
ton Of testimony having reference to the courtshp.
Tho ATTORNEY GENERAL objected to such course as
The CouRr deiberated hereupon in full bench, and
the Chief Justice stated they could the relevancy
Of introducing the circumstances Of the courtshp-he
marriage, and such matters-now. They should first
certain what the nature Of the question to be pro-
posed in order to be able 70 judge Of its admssiblty
The DEFENCE contonded they had right to 60 into
those matters proposed by them They intended rely
principally upon the witnesses the part of the prose-
cuon for the greater part Of their defence and any
time, in the course Of the trial they should lay the
groundwork for the introduction Of such testimony,
they had right to do SO. They would now go into
anoher branch OF the to themselves the
right to enter upon the course they propose.
The CouaT, after explaining its views in relation to the
question at ISSUE ruled against the Defence unless the
questions they proposed to put the witness
Of the direct examination Of the witness.
Question on part of the defence-Where did the pri-
soner reside ct the time of the marriagel
Objected to the part of the State the ground of
It's being irrelevant to the issue before the court
The DEFENCE here commended thai, inasmuch as the
prosecution had gone into matters previous to the LIST Of
July, and between that period and the 18th of May:
They did this in order TO anticipate their defence and
furnish the legal presumpiionand they have gone
beyoid thisn order show by direct testimony that
this was act on the part Of the prisoner
The CouRr here explained thai in an indictment for
murder 1t competent for tho State to 60 into evil
dence to show that for time previous the prisoner
had shown malicious feeling-a iretful malignant dis
position We hold II is competent for the prosecution to
show malice-threas; and in case for murder, tried
before the court il allowed to go far back as
eleven years, TO show malice. 1t is perfectly competent
for the prisoner, in his defence, show uniform kind
riage but the proposed by the Defence in going
into the matters OF the couItship snd such other
matters IN the way they now propose we deem contra
~ TO the rules of evidence.
WIrNEss cross examined in continuation i came to
reside in Jersey City in june ls45, at No Washington
street; my mother and sister were with me; came
from Columbus, Ohio 1t about the middle OF April
when we left; we stopped at Cleveland, where
nsned for three or four days; then went TO Buffalo
and next to Geneva and staid there about a month;
Spencer accompanied 10 Buffalo, and left there;
there other person with us till reached Gene
va; knew q Mr. e. G. Richardson
The SrATE objected to this line of examination.
The DEFENCE stated that they introduced il in order
the credbilty OF the witness his where
abouts different times and the sort OF company he
The CouhT ruled out the question proposed by the
defence, the ground of its irrelevancy, and being
contrary to the rules Of evidence.
The DyrEncr commended that the question arose out Of
the direct They merely wanted to ascertain If C. G.
Richardson had been with the witness from Co
lumbus to Buifaol
ATTORNEY GESERAL-If the examination will stop
there, we have no objection.
The DEFENCE would not stop there.
Crssseraminafien resumed-Mr. Spencer and my ais
ter lett me at Buffalo. Mr. Spencer left my mother my
sister, and myself at Geneva and went TO Ohio.
Odd Mrs. Spencer refuse to 20 to Ohio, and wish
cd 10 go to Jersey city with her mother2
Objected to by the State, but withdrawn.
Question allowed
Wirstss-she wished to come with us to New Jersey;