The Daily spy., 1848-12-11

the prisoner has conducted differently from "ns'
mon IN cases of ordinary deaths. do no'sa lS' ~
Ward has commiHed any crine-but me eNiuepe' -
the case IS as applicable to her as to The prsoner
Mrs. Ward is the principal mover IN this proseeu' on
Why has she suffered 10 lie so long TIL 'he iae's
necessarily be mostly lost She knew every u'''s' At
the time, as well as she knows them now excep' '"e
factof The finding of the arsenic Why then, oo she
not have an investigation The time II mere was
ground fo suspcion why did not the friends, oi whom
,ber4was large family have posi- moFtem ex9mlna-
finn No new fact has been elected, except the tndlng
&c ,ba arsenic and that examination might have been
rc,cb more satisfactorily made at the time The con-
duct of the prisoner at the time was natural ne a''eno
ed 10 his necessary business as usual was oau' ana
without any OF the indications OF guilt
Jpdge r. here commented at some length on the tes-
monv of Mrs Ward relating to the occurrences OF the
noh particularly in relation the ntimatlon that LOOK
desired to get her out OF the way with the chld' whe ne
could administer another portion of arsenic arguing ha'
il was improbable and unnatural, and that Mrs ward
must have made false Had Cook desired TO
gel rid of her, he would have sent her with the chd to
her own room She is contradcted in various points by
other witnesses. Mrs Raymond found her ahed with
the child in the bedroom, &c. Mrs. Ward had stated
10 seme Of ihem that administered sisg, which IN
stead of increasing the PAIN relieved her. and Dr. Cut>
Ter said that If had been gven it would have been
better for her. Having heard this statement the governs
ment did not question Dr. C. respecting it when he was
on the stand rat this point the Court adjourned]
SATURDAY MORNING.
Yon will bear in mind that Mrs. Ward les6es dis
tincIy that the child was removed from the kitchen TO
the paIo by her, at Cooks request-that she could not
be mistaken This is directly conradicted BY the tes,
mony of Mrs Sweeser So also is her testimony re-
specng the story shown to be untrue by other witness
and 4 is shown that she has herself made comrades
tory statements about it. Her statements about Cooks
unwiIlngness to call physician are also directly cons
,radicted by other witnesses. Mrs Raymond testifes
that Mrs. Cook the only person who objected to
sending, and as she expressed willingness, the
prisoner went for DIR. Cutler.
The counsel here reviewed the testimony in relation
Cooks conduct when the death took place-;o shew
that # was natural aud such indicated innocence
Mrs Wards accouu, OF finding Cook and Miss Metcalf
in the kitchen on Mouday night was examined. lii
Shown that Mss Metca was, that time, stranger
Cook. seventeen years of age. II is proved that Miss
NTeealf slept with Mrs Marble in the room toith
bod. room at a seasonable hour. The watchers that
night testify that they sat in the kitchen, and neither
Cook nor Miss Melcalt was there. Mrs. Ward, then,
pst be grossly mistaken or have sworn wifuy false
Other circumstances throw discredt her testimony
The suspicious circumstances testified 10 by her,
were never stated by her I'LL the commencement Of this
We have shown by three witnesses that
she stated to them that she found arsenic in the clock
and feared her sister used ii herself This entirely
tradicts Mrs Wards present testimony If she has
sworn falsely on point, knowingly it should disered
ii her whole testimony. The whole testimony both
sides shows not that her character for truth is absolutely
bad but that is equipOcai, and nearly all who have
testified in her favor have done with reservation
The testimony of such person should be received with
great caution.
If Cook had intended 10 commit murder, would he
have gone to the physician for arsenic to do it
with, and take witness Of the fact! The story is i'm
probable Would he also have shewn the arsenic to
BENJAMIN Lane, the brother of his wife If he had
arsenic the openness of his conduct shews there
intention of crime-and if Mrs. Cook was poisoned, il
probably got accidentally into her food
Cook had motive for the crime. He sustained
good reputation and to the day OF her death lived hap
PLY with his wife. From that day this he has beray-
ed no consciousness Of guilt endeavored to escape
from the scenes which would remind him oft.
Judge Thomas here closed with an earnest, impas-
stoned and affecting appeal to the jury, which we shall
not attempt to report but of which ii is sufficient say
that il left least OF the Judges, the stern admins
traitors Of the law with his face suffused with ears
Ezra wilkinson, Esq, District Attorney opened the by
reference position which he stood, expressed his
hdenee in the Judgment and mpartaty @ the jury, aud
oeed they share with him, the responsibility OF
the trial. Absolute proof crime required and gener
ally would be impraccabe reasonable conviction only i
required and the jury bound fairly and exercise
fair judgment-It is duty from which they cannot shrink
They admit vague doubts general suPpOson'
but inquire !, there any just ground for reasonable
doubt.
How stands this matter Ihas justly been SAID on the 9th
er sde that murdsr will oun The length of time which
mas ntervened operates against the prisoner bat against
the government because lies the burhen Of proof and
much testimony be lost by the lapse time The strength
Of circumstanta evidence does consist 10 the mnueness
Of dea in the strength ofany but
~ apS A AG0Dbipsa stssazsiof the whole
- W ~ = -. -s -
The srst inquiry whether Mrs Cook died OF poi'onha
h !. aead Il not questioned che was woman Of slrcnl
constitution and perfect heahs suddenly taken sick al ne
v;,h ,vmutoms which, 50 far they 60, are all in