Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-04-02

Tyrre acquitted The trial Of AlbettJ Trrel on an in
dcment for the murder Of Maria A. Bckord br ugh
TO close on Saturday last by verdict Of Not guilt -.
The trial conducted, the par, Of the Commonw eal
by s. ID. Parker the part Of the prisoner, by Ruus
Choate. TTrc is still retained in custody 10 ava his
trial on indictment for arson The Post says
Judge Dewey occupied hour and half in deliv ering
his charge and touched upon all the points which be ee
ed essential the proper calculation Of the with de-
gree of camnes and ceaness particularly appropriate to
the importance aud soemny OF the subject Al arier
before II the jury retired, aud at quarter before one sent
word by the officer that they had agreed upon verd t.
message that effect Transmitted TO the judges in the
lobby, and they into court The jury then call
ed in and reply the formal question whether they had
agreed the foreman answered, q We have" The Clerk
then said What say you, Mr. Foreman-s Albert J. r.
rel guilty or not guilty p Nor GUILTY, responded the
foreman As you say, Mr. Foreman, say you ALL that
Albert J. Tirfe is not guilty, continued the clerk, aud
the PANEL responded wye"
Aner the announcement Of the verdict but before had
been recorded, Nh Parker county attorney, came in, aud
having been informed Of the verdict Of aequa he said to
the court May please your honors, before TINS verdict
recorded desire 10 have the question put 10 the jury,
whether they returned verdict OF not guilty by Of
insanity That defence has been set up, and evidence CIV
under H. and il the insanity be the ground OF their
Dict il may become the duty Of the pass
der in relation the future custody Of the prisoner,
person not Of sound mind according to the following pro-
vision in the Revised Statutes chep lS7, sec IL =
" SEcr. l2. When any person indicted for offence
shall trial. be acquitted by the jury, by Of nsani
the Jury in giving their verdict OF not guilty shall state
that given for such and ihereuPon 4 the dis
charge going large Of such insane person shall be con
side red maniey dangerous TO the and safety OF the
community the may order him 10 be committed to
the unac hospital otherwise he shall be dischag
ed"
Judge Wilde who has presided Throughout, the trial,
said the instance Of Mr. Parker Gentlemen, the ques
raised by the county aefney in substance whether
you have the conclusion that Fumnaabulism is
species Of insanity and that the prisoner at the time OF the
transaction which has been the subject Of your nvesga
ton, aboring under lis influence and therefore
morally and legally responsible for his acts wheh.
you have rendered your verdict upon the ground
Of want Of proof OF The preparation OF the act charged
To this dstnc, inquiry, they unanimously replied We
rendered verdict upon the want Of proof We did not
take into consideration the question Of somnam6uisn at
ALL In addition 10 this general answer some of the jurors
said" Somnambulism not mentioned IN the course
OF our discussions
The verdict recorded in the usual FORM and Tr
rel declared to be discharged under the Indictment
Mr. Parker then gave regular notice that indictment for
arson capia still pending against the prisoner found
ed the transactions the just tried He said
he was not prepared al that take the responsible
lily Of entering n0ue prossgu the Indictment, and
the record that the jury, and assign day
dered the motion TO be recorded accordingly but at the
time remarked that action could be taken TIL
May lie then ordered the prisoner TO be remanded to jail
there await the further order Of the court, when Mt
Parker shall have determined upon the which he
may deem TO be his duty 10 pursue III relation 10 the
charge Of arson which the circumstances
relied to sustain the charge Of the murder OF Mrs
Bickford.