The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-04
Tao Case az Albsrs J. Tirrsli.Ths Pro1sss
OF Justice.

TAe Cass AZ Albsrs }. Tirrsli-Ths Pro1sss
OF Justice.
The farcical tragedy recently enacted in the city
OF Boston, on the trial and acquitta Of Albert j.
Tirrell, charged with the murder of Maria A.
Bckiord, has given shock TO the community that
will not be efaced years Never, since the cele-
brated Robinson case in the city of New York,
which was equally disgraceful in every respect,
have we seen such deep and intense feeling of hui
initiation and regret depicted on the countenances
OF our citizens; humiliation on account of the result
of the trial. and regret on account of the blow that
law, justice and the well being of society has
sustained in the rendition of 90 palpably erroneous
verdict
This feeling is not confined TO this city, or this
neighborhood. All Of our exchange papers, with
one or two exceptions, as they pour into our office
by the mails, are loud in denounoing the verdict,
and regretting the consequences that must follow
These exceptlons,we are happy to say, few; but
on what principle they attempt to establish the in
nocencc of the party, we are at loss to conceive
Surely the testimony was conclusive, far as the
circumstances OF the case would admit. IN fixing
the dreadful deed on the prisoner-and we will fur
Their state that in that ever read or heard
OF was the chain of clrcumstantial evidence SO
well united or SO complete as q whole,
than was the evidence in this case. As
to the CRIME of arson, we shall not say word,
for the prisoner has yet to be tined on that
charge. Circumstantial evidence is looked upon by
judges and lawyers as the strongest testimony,
when complete chain, embracing within its links
circumstances before the commission of the crime,
and circumstances after the commission Of the
pYin
chain Of evidence of this description is made out
each link joining to and connecting Its fellow, the
evidence for the prosecution is considered CON-
plete. and the conviction of the criminal must be
the result unless rebutting evidence as strong can
be made out for the defence, or at least such evil
dence as would throw doubt over the evidence for
the prosecution. In such case the prisoner, as is
right, would have the benefit of the doubt thus
created, and the testimony against him would fall to
the ground. That such complete chain of evi.
dence, complete almost beyond example, was made
out by the attorney for the commonwealth, on the
trial OF Tirrel, no man can hesitate to avow. 1t
was go strong and SO complete that it was impreg-
nable and being %, no attempt was made to con-
trovert it. 1t stood as solid wall of masonry
complete in tsef-xing the guilt on him as strong
ly as human testimony could.
The counsel for the prisoner saw through this;
and seeing the testimony Of the prosecution so
strong that it dare not be approached he concluded
upon applying desperate remedy in such despe-
rate case. His fertile mind Immediately conceived
the idea of administering coup de main-of storm
ing at once the Judge, jury, and the communicate
creating widespread tumult and confusion in the
minds of all, by the novelty OF his nvention-so that
IN the dust and smoke his client would be relieved
from the precarious position in which the evidence
tor the commonwealth had fixed him. and the law be
cheated Of Its victim. The plea of suicide was
then put IN but that being evidently too weak, the
ingenious counsel for the prisoner put in an addi-
tlonal plea, to the effect that, if Tirrell did commit
the murder, he did it while in a state Of somnam-
bulism. To give a show of possibility to
the last plea-we cannot say probability-me-
dlcal men OF learning and experience were ex-
amined, the relatives of the prisoner from every
part OF the country were put on the stand,
and one thing established, viz that the pri-
soner, in his youth, sometimes got out of bed
and walked the room while asleep. From the i'm
portance ingeniously attached to this evidence by
the prisoners counsel, and the number of witnesses
examined, fictitious interest was excited ia As
minds of the ;-ry. and they probably allowed It 10
work upon their minds to spch degree as - wea;e
a doubt whether the crime was committed IS the
prisoner while In his right senses. The I.rmbug
succeeded to perfectionall know the result, and all
agree that most fagitious outrage has been COM
mtted on society, and ireparablc injury done to
the cause of morality and good government
We cannot close without abiding to a report in
some of the public papers, which requires a few
words from We see it stated that it Is the in
tention OF the public prosecutor to enter nole pro-
sequi on the indictment against Tirrel for setting
fire to the house in which the murder was commit.
ted. We can hardly credit this report-we can
hardly think that the outraged citizens d BOSTON,
and OF the whole State of Massachusetts, would 70.
UNFAIRLY abandon the prospect of yet indicating the
majesty Of their laws and the character of their city,
and removing in some degree, the dark spot which
the late farcical tragedy has made The rumor is
based on the supposon that if twelve men acquitted
Tlrren on the ground Of somnambulism, or swami of
proof and as the same defence would be relied upon,
that the same result would follow This 10 palpable
non Nqtor, for if twelve men were to be influenced
by such shallow humbue, it is no reason that an
other twelve would likewise be. No, the coun-
try will demand that no such course be pursued
On the contrary, the prisoner must be tried, and if
convicted, the law fully INDICATED, and the highest
penalty inflicted That is the only course left for
the city of Boston to relieve herself in some degree
at least from the stigma now resting upon her char.
acter.
RHODE ISLAND ELECTION election in
Rhode Island has resulted in the triumph Of the
Law and Order" party, although there IS no
choice Of Governor by the people We give below
th0 vOfo foYG 0v md