The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-16

Albany of another man, and Who by seducons and
allurements led that young to commit breach of
trust Tor which he has been banished from his friends
and his country. You also find her leading the unfortu
nate prisoner at the bar marriage with her
also and her broken down by dissipation and disease.
unable to leave her bed in the morning without simu
tim to her own vices, and is carried wheering in her
blood to early grave. One of her victims new in
foreign land, fugitive from justice, and the other
stands before you this day, trial for bis life
Gentlemen, these considerations not to be
overlooked by in this case and Of the particu.
lar duties that devolvs upon is to ascertain the
ves that spirited him to commit this terrible deed
To arrive at just conclusion upon this point, you
look at the life that he has led at his education and his
associations and in all these you to look for motive
the absence Of motive, and if you and that he had
duty to nd Verdict Of guilty; but You find an absence
Of motive then you ought to infer absence of mind
IN. duty to the %
sell and the question: therefore, that you have try
he responsible sgent not but before you and him
the proof then he an accountable being and a. such
to your satisfaction you say that hs Is account
able, and your verdict should be not guilty His Homer
the testimony, and told the jury that they went rather to
the credit Of the witnesses than to their discred and
y 70 that S' %
their own knowledge, they would not do in the
place. but be this as II may the credit you are TO rive
those witnesses is entirely matter for your consiaera
ton and not for the consideration Of the court
You are however, in coming to your conclusion, to
bear mind the relations witnesses 10 the parties
and make such allowances and give such weight to
their testimony as you may see ht Gentlemen, what
verdict you give must give your NJ
AMI the reason YOU obliged 70 do So viii state to
the law at ono. discharge him and his friends %ay pro
vide place for him. or he again let loose the com.
munity but the law in this very different our
Legislature made a law, which 10 now on our statute
book that If man is discharged the ground of insani
y he is not to be again let loose the world be
ided INV tha
until he is brought before the Supreme Court or Cir
cult Judge and by the other of those
tribunals to be sane before he is again abroad in the
world Then the question presents itself simply this
Pect: shall he be executed, committed for life to
Of law His Honor referred to two which were
tried by hmself-the of KLEIN the German, who was
shenty in the upper part of the city He particu.
iarly dwelt upon the case Of KLEIN: He said he
that he not insane and upon the another
jury found that he insane and acquitted him. upon
which he was sent to lunac asylum and the result
has proved the correctness of the conclusions Of last
jury for his insanity has since proceeded step by STEP
proceeded to lay down the law in the present case in
the same words in which ae laid it down in the case of
KLEIN and those cases he said. proved the bsnencence
JUDGE in the public mind against the plea of insanity,
which he said arose prnc Pally from the fact that the
and philosophy II became odious in the eyes Of the
public, because it easily got up and it was known
that the roal criminal often sped without punishment
But the law of State has wisely guarded against that
danger and consigned him to lunatic asylum for life
preudices arisen but jurors should be cautious how
they give way their feelings side the other
They should hold the balance evenly the pub
lie and the prisoner and not alo themselves sway
ed by prejudice on the one hand, false sympathy
on the other By yielding TO either the administration
justice is sure to be injured instead Of being
in the estimation of the public. Many cases. no said,
have been cited to you by counsel both sides there
of those Neither counsel will read the whole
them, but only such parts will answer their pur-
cases read by prisoners take leave to remark
that in my opinion, there O moustrous
perveron oil law than the verdict OF acquttai rendered
killing being admitted the question il, to W hat 10
sscrbe the prisoners acti Is to passion intemPe
rancei lyou ascrbe it to either Of those causes he
caunot be excused for the act he has done bu,
from insane mind then he Is entitled acquitted
To arrive at just conclusion those two points, first
ask yourself is he then look back consider
all the acts OF his former life that have laid before
you and again ask yourselves, it such Of
life tendency to keep those passions in subec-
ton or was his course such to give them strength
and vigorl In doing this it will be necessary for YOU to
take review Of his life for the last fourteen fifteen
years II is about that time since he removed from the
parental roof and his acts during that period of i'm
portance in bringing minds conclusion this
case in doing So is necessary for you consider
| his education and the society in which he moved.
Those are important because from those
circumstances you can judge whether he likely 10
give way aud be led by those passions His education
seems not to be good and he has BEEN before
sed away from parental control from early period
his associates TO be stage drivers and stage players
and such Glass; his disposition might easily be worked
upOn appears that he peculiarly sensitive the
approaches OF his companions when they eproached him
about his connection with the unfortunate woman who
afterwards became his victim You will therefore take
all these int your consideration, and whether they
have not goaded him commit the for which he
is trial for his life lie continued great length
to address the jury and concluded very able and um
nous charge about half past one o'clock The jury then
retired and at quarter TO six into court and
eered verdict Of against the unfortunate prison.
er The jury ordered to be polled, and they an
swered separately, that that their verdict The
prisoner then roned, and Doyle the officer who had
him in charge ordered remove him and bring him
mp on Monday morning. TO receive sentence. He heard
the verdict pronounced with great GOODNESS and
posure.
Movements OF Travellers.
Yesterdays arrivals amounted TO considerable num-