Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1846-04-09

IN el!ner case, what would il be nafur
Tor Terrell 10 do? II would not arfsw
for him, standing as he did in the pow
OF the government under a suspendd
Indictment to be found in the house
which n S paramour, Maria Bickfcrd. he
come to a violent death by her own han
He could not restore her 10 life by r
manning and exposing himself to NJ
consequences of his violent pledge TO IA
government. This was the infelfcitv
his situation. He could not afford
remain there. And this was his situate
whether she committed suicide,
whether he, under his terrible infirmar
OF sleep walking. had risen and kiIleN
her In his unconscious sleep.
Again, he said, he could no! afford d
be found in brothel with woman VIII
had died violent death. The discoyer1
might have exhausted the forbearance q
h!s wife and family, as we'll as the law
1t he woke up, and found the womad
bleeding by his side, and, to get some
thing to staunch the blood, rushed ind
the closet, with the lamp, proved to iiava'
been burning. and by accident set fire "a
the clothes, this misadventure did mo-
change his situation. iitraiiler increase,
the urgency for his escape from tba
| honse. ,a..-
The three principal points in the de
fence, were lst. that the evidence did
not in any degree negative the idea of
suicide; "a, there was not particle of
evidence INCONSISTENT with the idea that
Il third party had no, doae the deed: Sd /
that if the prisoner did it, it was when he
was in the unconscious state of som.
Fnambulism. The jury would not infer,
murder from the stupendous series of
improh liabilities based upon the circunl-
stances which had been huddled head
long into the case by the government.
These impro5ablitics, as he had said
before, were his spell. bound affection.
for the deceased, the crime dis covering.
hour, and his extraordinary conduct, il
he were guilty, Immediately after the
murder.
Mr.. Choate now entered fully upon
the great ground Of defence, s0nlGarn-,
hulism That the prisoner he'd Tor years
been subject to tina, disorder of the brain
had been most positively proved from his
childhood up to the day Of the tragedy.
In this state of somnambulism, while the
conscience and the moral sense are
asleep, there may remnin the will to hate,
the will 10 kill, and the muscular power
to carry TIE will into execution. 1t was
for the Government 10 prove, the Elorak
struck, but that twas struck by rational
being. But instead of this, they had, by
their own witnesses, proved that the pris-
oner was mol in II rationtl state on the
morning Of the death, If the simple
question before thejury, upon all the evil
dence, was winoo;t1Hcc;: Tirrell was ia the
somuambu!is,ic state in the morning,
the jury would he believed, render a
verdict in the affirmative. If so the tact
that he was unhappily charged with the,
murder should not interfere with their.
arriving at the conclusion on the inter-
locutory question. ~. .-s s,..
, Mr.. Choate next reviewed the medical
and other testimony, and then concluded
by stating that he had given the facts of
the case, aud the fate of the prisoner was
in the hands ofthe jury. Duty to society
did not always require the death of tue,
accused. Under the iron law of old,
Rome, il was still the custom TO bestow
u civic .s-eath 10 Ram who should save
the life Of citizen. Do your duty to
day, gentlemen, and you too may deserve
the civic wreath.
Mr.. Choate closed his argument at
halt-p past four, p. NJ. having been six
hours and half in delivery. During
the argument, the prisoner was frequently
seen to be in tears. His wife also, who
was present in the forenoon, was seri-
ously affected and sobhed aloud.
ROLLfNG MILL AT DANVILLE, Pa
This esta blishment is now making about
| forty tons OF railroad iron per day,
They have made as high as torty-five
tons per day. Three hundred tons OF
this railroad iron, contracted for by the
Reading Railroad Company, is now be-
ing taxen on fats across the river, says
the De nocrat, and thence on wagons to
Putisville. Several thousand tons, des-
tined for the Lousatonic Rail Road in
Connecticut, and several hundred tons
for the Lexington and West Cambridg5
Railroad in M Massachusetts,, are now ~
ing on the Company's wharf and await
ing the opening of the North Branch
Canal.-JoufnaL # Commerce.
LOOK OUT FOR H1I.-A man 80 or Al
years old, who has palmed himself of
upon the people OF Stonington tor year
past as "Dr. Otis Smith, ThompsoaidH
Physician" left that place suddenly about
week since for parts unknown. During
his residence in Stonington, he had cour-
ted and married daughter OF one of the
most respectable citizens, and just pre-
vious TO his departure he boughta horse for
which he give his note, endorsed by his
fnther-in-law. About the time he left
Stonington it was ascertained that he had
four tcireS beside the one then living with
him-one in New Hampshire, one in
Maine, one in Massachusetts, and one in
the State of New Yrok He had acquired
the respect and esteem Of the citizens Of
Stonington and was an active and frequent
exhorter in the religious meetings N the
village and neighborhood; thus cloaking
his real character. and passing for mail
of piety and correct principles, he y
undoubtedly an accomplished villain, and
we trust the press througouht the coun
,ry will have an eye on him :.
| .Nelo London Adyccets
Coop LAW ron GlRLs-By an ancienf
Act of the good old S.otish PnelLanaat