The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-17
Trial OF Spencer for the Murder OF his Wife
In jersey City.

In Jersey City.
COURT rEKMISER, HUDSON CO., NJ.
Before Chief Justice Hornblower, and Justices John
Tonnelle junr, James NJ Donneli John Griffith John
g. speer, c. Van Wrinkle, and Geo c. DeKay.
The Court sat at Oh o'clock
His Honor the Chief Justice at the sitting of the Court
stated that his attention had been pointed to article in
one of the Jersey City papers in which doubts seemed
10 exist the legal right Of Judge DeKay preside
upon the BENCH the grounds OF his being resident OF
The question as to Judge Delays right to preside
having himself satisfactorily explained to the Court the
decided amatvely counsel at either side not Directing
The article in question peared in the Jersey City I'D
rertiser, which highly compmented Judge DeKay upon
his valuable services judge upon the bench, and
merely called public attention the fact in order OBJ
vate any future difficulty in case either party should
except
The question on the subject of hereditary insanity in
the Spencer family which had been set up as one OF the
pleas justify the general ground assumed by the de-
fence, here resumed on argument by the defence
who cited authority from the books.
The CouRr ruled in favor of the defence; stating at
the time that the latitude taken by the state in its
had weight with the Court in making its decision, as It
laid the grounds for it.
Hon. JOSHUA L. SPENCER was here recalled and exam
med by the Defence reside at Utica and am member
Of the bar of that city; am also senator for the
State of New York the prisoner is nephew Of
mine the of elder brother who sits near hm
he resides at Hartwick he resided in Oneida he is
% years of age the mother Of the prisoner dead
they had chdren three of his children died OF
consumption; the third daughter was insane for
months before she died. she died insane in June 1874
my residence Ucs she 20 OF age when she
died. the prisoner was born in 1916 the prisoners father
married in 1885, the prisoner was OF premature birth
saw him in early infancy aud he weighed but 81 lbs,
and showed evidences Of premature BIRTH my brother
attacked with insanity for the first time in 1885, he
was then about 81 years Of age and resilient Of Su
Of this calamity resided in Greene county, and went to
Madison for the purpose Of taking charge Of ny brother
and had charge him until the following Spring.
must have been for about six months that did not al
low him to be ont ofmy presence; the cause OF it, as un
there was his severe application to his studies
he wonderfully raving maniac at the time that
apparent in his rawlings he was always talking Of his
studies; ordered him to be tied occasion when
absonted myself and had them removed when return
ed again had his hands tied up after making personal
attack myself and his promising to conduct him
self better again had the fastenings removed he struck
me the blow refer to the head; two occa-
sons he eluded me- and followed in the evening; but
ma hm the
days he went through the woods about ten or twelve
miles through deep snow he then came out on the road
aud recognised at the turnpike in Oneida county On
the other occasion when he eludsd me the family had
retired TO bed he slept with me because afraid to
bed before hin, and he took adv snage of my dosing
at the time my rest was mach broken found him about
three miles from our residence at public house there
there nblage OF military which was coca
stoned in relation to the difficulties connected with the
Leopard the Chesapeake in the course OF the sum.
he then recovered his reason but appeared to
have recovered the same manner during his first in AMI
~ he had vvidness Of memory that would surprise
every body all his memory was as vivid as sunbeam
he sometimes fancied himself Roman general, and call
ed together his forces mentioning the OF several
that he had met with in his readings and grouping them
together also several Of his acquaintance he offered
wrestle with me- and did not decline ii he
ran and followed him there numerous other in
dcaions Of his insanity not necessary mention take
up the time OF the court with, presume; he had
paroxy SINS Of this insanity too varying in degrees he
his theological studies, and went into the
ministry in five years alter he was violent and used
profsne language he more violent towards his
rents than any other members Of the tamy the second
attack was he then pastor Of the church at
sackstts Harhor; believe it in 1881 hearing OF this
wento him he had left and then returned and found
him at home Utica then induced him TO remove to
Oneida couuty aud take charge Of the church there's in
ter ; then travelled with him few months, in the
hope that change Of would divert and occupy his
mind he then had frequent paIoxy SINS and ! suose.
remained for thrse months During this time he was
very desrou Of bsing engaged in his ministerial duties
and could learn stranger could detect the slight
est alteration There want Of correction. He
spoke eatemPore. and always loud This was before
than monhs the ply stefan then said he
ed and alter coming out, brother and myself enoin
calm The next intimston received Of his Madness
was that he was raving maniac IN Providence re-
ceived letter to this effect that he was disturbing the
Of the city went there and found him looked up
out that night il would be dangerousit was unsafe
in sailors dress OF duck texture. When went to
him the cell he had rolled the sleeves OF coat AZ
Lar Is ne a Sss nn !" the blanket that
on his bed; rolled up about his body, and
his head out of the folds presenting all the appear
ance Of manac and singular fact, he proposed to
be taken to the Retrea he turned to the keeper, and
with the look offs maniac, said, There told you you
would be able to Keep within these walls, that
nv deliyerer would come" He, after he left the CELL
told me he would dethrone the Almighty, that he was
an usurper we then left the Retreat and he showed
other symptoms ofnsanty by throwing his hat violently
at me; then placed him in the Asylum; II was IN May
1884; he remained there about FIVE years. the crcum
stance of the death Of his first daughter accustomed
change and he came out in 1882 and Joined his family
he attended the funeral and remained during the ser.
"A ,,los. he wi mi M
Durham until after the death Of his wife and second
daughters after their DEATH had the other daughter
the fourth daughter, Mrs. Barrett, in Court, was
also sick at my house, during the decline OF the third
daughter her conduct was queruous, and what would
suggest the idea that she ungrateu but all those
explained by the fact that in ls44 she showed
in the Asyu% al Utica; she was two or three weeks
the Asylum, when received note that her case was
then was e % sa G0r wess after
her return, as well az can bring to mind Inc court
took ts usual
At the re.assembng of the court,
Tho CHEF JUSTICE enquired il a man OF the name Of
Daniel Parish in the court 1t was stated to the
Court that Parish had circulated, had caused to be
circulated infamous pamphlet in relation TO mis- d
vorce from the deceased, in which statements were
instead Of The Court wished to ascertain from
this il he the writer, in order 10 deal with
him as the Court may deem proper.
The man was not in court.
Hon. Mr. srEscaR recaled-My eldest brother is now
In the asylum AT UuCa Tie Is ABOUT 90 years Oh age.
NV father died in 1884, and had been afflicted with epi
lepsy 1901 He died in OF these ts at ~
OF age My brother Ehphslst was afflicted in early lite
with epilepsy
No cross examination. Witness withdrew.
james NJ. PEAK, NJ. DBL am practising physician,
living at Coopsrstown, Oscgo county became ac
quantsd with the prisoner in the inter OF 1884,
noticed symptoms Of wildnsss and vacancy, showing
alteration Mind when he was about TO mesmsrise has
subjects 1t indicated plainly to me that the prisoner
was unsound mind attracted my attention at once
In my smsr interviews with him, at the lecture
room, frequently in his company, and during the
with hun ut that time, noticed his abrupt
ness frequently sing the subject, showing abstIac
ton Of mind His remarks were frequently unconnect'
ed ing rreisvsncy, and having no connection
with the subject conversation noticed these inIi-
cations particularly when he spoke about mesmersm
Those 81 mptoms sometimes more marked ana ais
tinct He was there about tive or six weeks. made
the remark at that time that the prisoner was insane
made these observations IRON the pccularites oil the
man 1t made the subject OF conversation at the
time, at Cooperstown. He professed to be full be-