The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-22
Trial Of Spences for tho Murder of his Wife
In jersey City.

In Jersey City.
COURT OYER AxD rERMISER, AupsoN CO., Nj.
Before Chief Justice Hornblower and Judges John Ton
nellie, jr James NJ Donne John Griffith John G. Speer,
G. Van Wrinkle, and Geo. c. DeKay.
The Court sat at ga O'Clock.
The prisoner took his usual place by his Counsel.
His Honor the Chief JUsTIcE susains his opinion of
Saturday, in relation to DR.. Brighams testimony lsav
ing the counsel for the prisoner the discretion
as to the hypothetical cases
is hereditary disease in fames know OF disease
that is more II sometimes however is not hereditary,
because of the child inherng the nature of the parent
who is not insane there are some whose history have
not been able to earn these principally foreigners
In all cases Of insanity make inquiry when they come
families Of this disease Dr. B. here gave narrtve of
various of insanity which under his inspec.
on and the different modes Of treatment of this diseases
he knew where female had, in paroxysm Of in.
sanity, murdered her parents, and subsequently COM
M % sns she hung IN the asylum
patient ibid not feel conscious of what they had
done during the paroxysn he knew OF two cases also
signed the motives for it,
G. What facts have been furnished on this trial which
in your mind arc symptoms Of insanity!
The STATE objected
Car, 5y.I'cE.suppose You put the question in this
WITNKss--It would take me a week to enumerate all
CoyRr-Whst facts have been disclosed this trial
that furnish evidence Of insanity
WTNEss-The testimony in relation to prisoners con-
duct at Albany Cooperstown and Columbus, and parti
cularly as regards the wdness Of the which
all see cannot ue6Cr1De Aoeplo09uess, ana RESTLESS
also know of symptoms Of insanity; nco
herent TALK the manner of the prisoner at Jersey City
aso his going in embroidered slippers oo the QUARREL
ing with the family; the weepipg-lovs-and hate
The alternate change Of observation-disclosures
calmness-sorrowin fact it presented case such
familiar with at the asylum Threatening to take life
too is very common evidence in familiar to
The prisoners walking in the rain tool can't describe
exactly how crazy man looks, but should know one il
him. Taking the facts regards the prisoner alto
gether is my opinion that the prisoner was insane
though each separate fact taken in connection with the
srl,,~~ 10 e.t~h~ rI
sonsye the general testimony fully sustans me in the
formation Of this opinion.
time of the commission of the homicideas wish to put
this question in hypothetical form-is il your opinion
that the prisoner was then insane
WIrNEss-Itis is.
CoURr.lf rises up suddenly on sofa in Jersey
City and finds his wife had gone across to New York
and in hurry rises up and dresses himself carelessly
and finds that wife with her paramount and gets into lit
Of passion would you think that man insa ne
Wrrsr.s.-I would not undertake to say that such a
The DEFENcE here witness founded his OPT
MON upon the general facts taken together and not
any specific fact introduced in the testimony.
WIrrEss.-Certanly- merely give my opinion: Wit
underwent examination In relation to the diff
ferent cases of insanity referred to in his direct tes
The DEFENCE asked witness. if in case where man
had had sufficient evidence Of the infdelty Of his wife
would It not be sufficient to bring paroxysm Of in
sanity
Internationally. Griniths, who murdered Colt
and who is now patient with committed the act while
under paroxysm of insanity, brought on through fit
of jealousy.
DR.. A. SIDNEY JONES, of New York, examined.
since s29he visited the hospitals OF Paris Italy, Lon
DON and several establishments in Europe large num-
Der Of under his observation In New York
about 300 On the subject Of hereditary insanity wit
corroborated the testimony of Dr. Brigham He be-
lieved that like consumponthe disease was hereditary
and far as his experience went he fully concurred
in the testimony given by Dr. Brigham.
past o'clock indicated by the Court House clock
and stated that by New York time il exactly l2lS
o'clock hoping that, though his honor may differ with
them as to New York law, he would not az to New
York time. daughter
His honor the ACHEr JUSTICE, trusted the reporters
would omit to state that though he happened to diff
fer with the defence certain points having reference
of the New York Judiciary.
The Court here took recess, and meeting at the
usual hour the State commenced its
REBUTrIro TESTIMONY.
ISAAC FIELDER testified that the Of July last he
man in the neighborhood of the ferry with large
whiskers; he took him to be man; he believed he
was not the prisoner at the bar; he brown coat
Gross Eramined.--His coat was not buttoned up to
the chin.
ISAAC w. VAN HAuroN who had been present in com
pany with the last witness testified to the fact oil see
ing man IN brown coat with cigar in his NOUN,
pass by In the vicinity of the foundry Jersey C ne
did not believe the prisoner was the man tne man
seemed to be excited had great trouble upon
his mind.
GEoReE w. FIELDER, cabinet maker, corroborstcd he
testimony Of tho former witness he had Deeh Prsse
with them the occasion referred to; he ana NOT nine
1t the prisoner at the bar; he may ne ms'ssen,
but he cond not swear II the prisoner at the bar;
the man he saw wvs stouter; his whiskers were IKE
those of the prisoners; he wore brown cost
Cross Eramiued-Winess is sure 1t was not man
in a "cIaret coIored coat Lsughter) Witness with
Tuom., CeroAs, who had also been present on the
occss,on ithhe three last witnesses stated he did not
nd hat ho took cnln