The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-30
Bosror, March %, 1916

Bosror, March %, ls46.
Mr. Chsatss argument in behalf Of 7Srreu-21s .qrsu
ment Of Mr.. Parker for the Gorernment--The Interest
and Excitement of the Trial-7Hs Priscner's Wife and
Mother Charge Of Judge Dewey IA Yerdiet Of Not
Gaaly-7ne Prisoner again Remonded to Pstson, 10
oicat a Trial for Arson.
In the trial Of Trrell, the arguments both sides
were presented to the jury yesterday Mr.. Choate
menced on the opening of the court in the morning.
spoke all the forenoon and part of the afternoon &C.
cupying about six hours in Of the most powerful ad
dresses that ever came from his lips distinguished as no
is for forensic eloqusnce AMIR Choate all know who
have ever hoard him. is speaker who has made no ono
his model His style is peculiar himself Ho is rapid
mpetuous, vehement. His action is intense The
whole man, soul and body to be- absorbed in the
subject He labors with intensity and power almost
unparalleled. His mind and fancy are exuberent and
no clothes his address in drapery OF rich varied
hue displaying all the delicate touches Of true Of
genius He is not 50 much distinguished q logician,
ns he 10 eminent for his eloquence.
In his argument yesterday ywas evident that he had
strength and drectness of the testimony introduced BY
the government 1t was certainly difficult matter to
with reasonable certainty the innocence
tend that he succeeded in such Herculean task The
most that could be done 10 throw doubt around the
case, which might operate to an acQutal
The great and striking feature in the Defence was the
novel plea of somnambulism. Insanity has frequently
been sat up, and often with success. But we have
never heard before of somnambulism in courts Of
justice.
Mr.. Parker the County Attorney, occupied less Tina
was less eloquent and sppeaed more to the reason
than Mr.. Choate. His argument was methodical and
well arranged was delivered with coolness and lis
toned to with profound attention.
Mr. Parker Is remarkable man, but of a different
order Of talent from Mr. Choate He is matter Of fact
and hand. pu
work never left halt DONE He understands perfectly
a ns aIsas ss and ss to apply his
In the most intricate and lengthy he called upon
to manage ne takes very few minute. Of the testimony
ne has It all IN his head and presents to the jury with
clearness and perspcuity rarely equalled.
terest during tho whole trial. which has from
day to day Yesterday, the lame of Mr. Choats attract
cd larger crowd than had before been in attendance
especially OF the younger members Of the bar from the
city and surrounding country Vast numbers were una
Bile to gain admtsnce, though every nook and
The prisoners weeping wife, who still clings TO him
with all the fondnes: OF her Hrst love- was in attend
brother. and other friends, Of whom he has many
This morning the charge to the jury dl vsred by
Judge Dewey, occupying about an hour snd a half
Inc bearing and effect OF seemed be rather against
the prisoner though perhaps not more than the evil
dence remained In the court awaiting the verdict
with tne greatest anxiety. At ten minutes before one
verdict The sheriff sdmo nshed the audience that apy
msn!es station OF appreciation or disapprobation would
BE- hshly improper. and requested that the verdict
whatever IT might DO, should be received in silence.
THIS was a moment Of intense feeling the heart
throhbed and the hand renbled with excl sment The
clerk was absent, and few minutes el.pssd before he
arrived to take the verdict These must have been
peculiarly anxious moments to the prisoner His life
seemed suspended upon brittle thread The clerk
came in. He inquired of the foreman the had agreed
upon verdict The foreman and replied
had. Al the clerk proceeded to ask. What say YOU
MIR Foreman, il the prisoner at the bar guilty or not
guilty 7"-every eye directed to the foreman and
every heart felt relieved when he announced empha.
tcally, Nor CURRY.
Notwithstanding the previous admonition of the sher
IN there was burst Of applause from the spectators
which showed that no uncomfortable number least
approved Of the verdict.
The court then inquired of the jury whether they had
acquitted the prisoner on the ground of insanity (som-
nambulism being alleged TO be a species of insanity
and the law providing that where the plea Of insanity
set up and the accused is acquitted such inquiry shall
be made
The Foreman replied that they did not take the cues.
ton OF somnambulsm into consideration at all in agree
ing upon the verdict.
Mr. Merrill, junior Scounsel for the prisoner then
moved that he be discharged
Mr. Parker said there another indictment pending
against him for arson in setting fire the house in
which Maria A. Bick!crd found dead and he did not
feel at liberty to give up that indictment.
Inc court then ordered Albert J. Tirrel to be dis.
charged on the present for murder and 10 be
rcmspced to prison TO await his trial for arson.
MT Parker then moved that the court would assign
some day for the prisoners trial the indictment for
arson. =
Judge Wilde said the court could not az upon ny
time at present
80 the prisoner is still In Jail, charged with capital
ousnce the evidence to prove which the same ~ that
relied upon TO convict him Of murder