The New York herald., 1846-03-27


you bsilsd.
You" truly, i'vsy' d:y;y; : , r,..r,,
Ps Please direct your letters TO Albert Jackson,
Boston. Boston Post Once
Mr. Bailey had me baled out Of Jail
Moan TIRRELL swor-I lived in the east part of
weymouth in October last; saw Albert the day the
omcers were after him he came about the time took
breakast was not at the house when arrived Arst
saw him in the entry Of my house with his wife; think
to two hours thrse my house that day. and
one Of t.em asked me II We kept thing to drink;
ad told him We did mott one Of the men wsa to the front
door and another to the back door, Albert again n
the evenings the men, who found to be officers, told
me q the murder in Boston; don't think told Albert
ter did not furnish him with any money.
Woo0sUar L. CaocKErr Have known Tirren year
me gold watch and sa5 to and her he gave me the
watch but not the money did not aad her.
WILLIAM J. BArrEas MI was in the employ Of Tir.
rel In Weymouth in February, ls45 have seen Maria
Bickford in Weymouth she was there night she
slept in Tirrelrs house she eff voluntarily far
November. lsas saw them together there once, in
q cab.
crss-eYamned-Tirrellw was shoe manufacturer.
JAMES BIcKsoRp (about 50 years Of age)-I married
Mary Ann Dunn on the 2S,h Of March, 1885, in Brewer
Me- wss in Bangor on the 27th October my wife
Boston. in March following knew Albert J. Tirrell
Feb lSl5 In carriage in which he came to my shop in
~ ns n %
United States HOTEL No. %, together she letter
for me to see her there told her there acquan
lance Of hers at South Boston by the name Of SNOW
should 60 over to South Boston , with my wifi viii. !;
me and make some purchases but we did not 70. Tho
next morning was there again. and wanted to 60 out
for some things he ssd he would rather she should
till afternoon she put her things to Co. and
was crossing the door he stopped her, and she
should not 60 out alive she began cry and he cooled
he. ss Iii
self with acquaintance in Chestnut street after tina,
she ;;h went e New Bedford 10 ss in July .hs lived
and had to let her run we had one child whch lived
to be year old, and died, before she left me-
Boston.
Hero the testimony for the prosecution was closed.
At 20 minutes aztec IL O'Clock, Annis Merrill ESQ,
ground. the defence When the
importance Of the Issue to the prisoner he for the rst
time appeared to bs affected and, ct some ausions to
his friends and family, wopt little. After referring
to the and exaggerated which had
been crcuatsd through the press and otherwise in
read from the books the principles laid down in rea.
on to circumsantial evidence to suicide and
Weight to he s o thu ss' d.ss s
form Of the wound and the character Of the deceased
were consistent with the idea Of suicide, the death
to be presumed to be by suicide, and not murder. II
would be proved that the deceased often threatened
commit suicide He then put in the in the appen-
cd and executed circumstantial evidence ito the
prisoners fight had been proved that he had cause for
spprehenaion lie had broken his pledges to abandon
the deceased but had the evening previous to his
flight been in the house with her. after that ne
had contrved his flight by the advice Of his ints
from bis having besn seen at the house with the deceased
not to be taken into sgsinst him another
rssrfsst on charge Z proved sesinst hin, might BE- fol-
lowed BY sentence in tho State prison. The government
were bound TO establish case inconsistent with any
highest degree probability would not be suicisnt The
should be proved by competent evidence
together must exclude every other cencu.ion than ihs
Of guilt must estabiieh the hypothesis guilt
Sy % S
murder lfthsre quarrsl the killing may have been
manslsughtsr II dons under the inhusn Of dsraugs
He held the lately held in Tennessee
was bound to prove the malice aforethought well
ns ws0 not to be IL n.
case at bar there had been unfrendy relations be-
tween the deceased and the prisoner. The hour and
not usual weapon Of murder. He must have known
that the would instantly be discovered. The bust
carts rattins through the streets Again. the
verse Of every suppostion OF malicious feeling the
part Of the prisoner even admitting that he was the
the deceased She was woman possessed Of consid-
cradle share Of personal beauty with peculiar
had succssdsd in wonderful manner in ensnaring the
prisoner His love for her was passing the love ordina
hsid him sp: bound By her DEPRIVED and ls.civiou.
arts, and up to the last moment that we have any ev
dsnce Of their being together he was still slave to her
meretricous fascnatons Notwithstanding that he had
just escaped prosecution Of his former
nection with her. The government, he proceeded TO
for the prosecuting oosr ask the jury infer
live Of the blacklist die which influence the human
on in he sS:sScs o. evidence might hsye S.ss osu
led BY sudden and overwhelming impulse. Sudden
sfrsys, mortal In their common
ls-A~
temper The latter for homicide therefore to
bo presumed in prefer to killing with malice sforc
to unszpainsd Cases Of he said that he
that the prisoner had full, perfect and valid defence
entirely independent Of the character Of the act per-
formed By him. question would be raied whether, At
the time, he in accountable state Of mind By
many causes the mind might be in state which would
sss idocy mich Va: % general in % s.es: then &C
stacy, noxication sleeping, madness, monomanis and.
lastly. scmnambulsm, Or sleep walking, slesptalk-
upon which this distinction rested, would be fully
stated by the authorities and competent Witnesses And
walking" % Il Il called woud bs 90 entirely establish
ed 90 to sweep on the last vesgs Of suspicion that he
s = ns
soundnsas Of mind, and had been treated IRON the
earliest ages Of antiquity. 1t would bc shown TO be
common thing for pesons In that state to commit
homicide. suicide thef and other offences Other per-
Of different mental tendency, had written letters.
great p.nosd bss n Ii. issp {. fonsns wros:
Of his best whis in the unconscious
state Condilsc made calculations Even franklin
known 10 have arose and finished in bis sleep, work
that he had projected before going to bed Mr. Merrill
named many other cases Of somnambulism In which
the subjects psorned many acts and upon being arous
cd from their seepiDg condition. supposed they had
produced to show that IL had pleased Almighty God 10
afct the prisoner with this species Of mental dersnge
nix years Of age, and grew with his growth
That II was necssssry to watch him while
sleeping TO prevent him from Djurng himself while
moving round in his Sleep That his Life had often been
n DANGER from this habit That In latter years the dis
esse hsd infested itself with increased malgsaDcy
That while In this state time almost smothered
his wifs in bed LsteIly his Of le had In
creassd hs in6mity had subjected him to much irr
tation There would be Q mess Of evidence which
prehenson he exhibited extraordinary phenomena OF
slesp.walkng. The government had proved II on the
morning Of The cstsstrcphs BY the testimony vf NJ
Head. would be proved that he sft ced by the
disordsr on board the Sulfsns while rsin9 10 New Or