New-York daily tribune., 1849-06-09
Trial of Thomns A. Walker for the Murder
of his Wife. .ELEvEN1H DAY.
COURT OF OYER AND TERNISER Before Jatg- Harbui
AID Aldermen Mullins and Wood.

COURT tF OlFK AID IFkNlNbK feilf- JA'k- h-foat
and Ad-rm-n Mullins and Wood
Mr. Jordan did not conclude the summing up ull about
half pas 90 O'Clock. on Thursday evening lie denied NE
self n and position that wound received
urged that the prsonerhad NE iaa wound been gwen oy
suicide accident would have iuincdlaiey gwen The
ALARM instead Of remaining IN the room as long a. he di
As to the alleged tendency Of the mind Of Mr. Mahef
90 suicide. shown by threats IN letters 10 Mr W he
coueuded that person really coniemp atng suicide dld
Tell any OF their Intention. &C lie coendrd tai
th. marriage 10 Mr. W was valid. Mrs. W had been
divorced from Chas. r. Miller IN valid manner by the
Legislature OF COunecucut, and Mrs W had been 80 Ap-
and that Mr " I'D relation TO the -ut against him
which had been commenced. had motive for taking life,
&c Mr also coufended that even II Mrs. Walker had
,1ii,e1 suicde n Mr. Walker supposed the tendency
of her mind 10 be suicide and brought the pistol which
was Hckuo dgcd TO be hs there no order Ia afford her
the flciry her life It manslsIgher IN
The nr.f degree: he killed her with dangerous wea
non. without ntendlngfo do 80 would be- ansiaugher,
S The counsel sluded 10 the re.pecably of deceased
both A. 10 birth and relations and suggested that PM
soner really married 10 her by clergyman from
the West be himself had acknowledged, but That the a.
legged minister had been some prungaie associate pro-
cured for the purpose. u si marriage before VIII
nesses 10 the eye of the law but 10 was hardly 10 be sup
posed he considered that he was not really married 10
her that he would introduce her a. MS we 70 he nseo'
Mrs Day the wife of respectable merchant IN Green
wch--t and there reside with her man and wife; and
also 20 the house OF the gentleman alluded to IN me coun
nv and that of her aunt Nlnthst She has
mother and three sisters the counsel said who, with their
husbands are among me most respectable people h 'he
City lie urged that deceased Was woman possessing
Of character and honor and that the aspersons
made upon her reputation were ISLANDERS 10 which she
could not quiet she s Ia her grave shot through
the lungs by a ball from tnat pistol.
Judge iiurlhut yesterday charged tho jury al great
length. his address occupying more than three hoars-
three theories have been alluded to murder suicide. man
slaughter and incidental accident Although the Jury
have night 20 AXE into view mausaughie The inquiry
will probably resolve itself into murder suicide. The
utg referred 10 the fact that the statement OF deceased
10 Rev Mr. Souihand Saying Mr. W shot her ] and tho
prisoners statement saying she shot herset had
been produced by the prosecution on the ra.-ine Jury
could have ghcg their relative merits
A. 90 the divorce. Il = only important IN showing mo-
tive and the Court considering from The authorues, ihai
sI. zNl f -ffH. .fHN mot gtlrT
her from Mr. er although from advice she might have
lhough so and that she could not legally contract mar
rage with Mr Walker and tho Jury for the purposes Of
thi, trial must so consider
A. 10 crcumstlnual evidence every point tending to
MAKE The chain must be fully proved Or the whole falls
and the jury, before hey make up decision upon ~
mus; well satisfied that they would themselves bee
VII iug 10 stake their own AFes ana properly upon H.
As 20 motive murder and suicide the jury Will con-
slider whether there was any cause on bis part or any
threats in letters 20 induce murder-and, on he con
rary. whether there were not boiA Is respects hef io
On he point that Counsel for prosecution seemed ie
Law much e gf ponhs conduct al the tine OF The event
and tbe remark of Mrs. Wells hat be stood iu the mldt
OF the door when She opened the door and pointed h'
pistol a. the Counsel for defense justly urged tha y
me confusion OF lie moment she might have mistaken %
suppo-ing that the pistol "as 90 pointed ne iesm"N
said ne Court is. that when Mrs Ncs beard NE slo
she vent 20 the paror door, opened u and saw NJ Walk
standing IN the middle 90 The noor thAt sne sf ne con
a9d tie next ding she reme b-red De- as ak NJ oer "a
49, M -t. sfrse Ar The Couu here believe made
ntfe mistake iu the esrmony--hr laid me tf-t time 80
,l ,-, sI,-, -. sax Mrs Walker lying ou The 10oi
VF.ure E -- 80 49, ,i. +,o- ftr enough 10 .ee Sir Wake
ts", ,haf lie went 10 the next block for DOco
,thort success. oud after Ler return again opened Oh
nsror door aud ,aw Mr. y. 10 The middle oi TIC room q
stated Tie jury VII consider whether li- conness an
depor.rneut o the occasion eNlaied anything A- oe.n
yi ~ of urder-a-o whether the condlci 90 both a. %
.gh.tcl.ut interview In the afternoon "uen JLlg
Monitor by her reqles, caused nm 70 De Drought ifoi
the SfatiIu-hOu.e % speak % Lrf- uui sue soon ia
sfrr l- wrote lwo three -nes on piece oi P-p''
s,e Ike lsr of persons where one had caused deal
~ wound The other A. Toe Co-i,, & a.. & we ~ a,
observed spoke for three torr- -e lel1eL'g AID-
We floush- being much 10 iAtof oi iAr prisoner.
Igrv retired al about half pasi OcocA ana were xii 9
D9rng lie recess. The jury about O'Clock gave nouc
si r., rror,ricse with the Court which assem- i-'
| s,i ,ba f,~v raue ln-onc az the rlmber SAID one
| The Jurors wished io Sl0N, -A .-1 . ~ - a -.
| Mel. hen seeing Mr. Walker sialdll- lA l-r nll.r
ft. aoor whether he presented Ar AA-l4r Vi ',e
f fh. .ro wsrd her. The CuuH men fra4 llv -
| mony of Mr. Wells, slready feisI ~ - -
when he went II the second time Nj W aAet a. "a
| ln- the middle Of the noof WIN '-.' '''
The Juror also inquired II The prosecuiion = M r ~
out their case beyond doubt, : j iAe aA9 o '7 July
| fhri,y fhst doubt Ia favor Of the pn-olrI- d..
| The Court answered by AL mean "a E
! such A. to sway reasonable hlul- - M. .,.....
Toe Juror then asked 4 he pro-ecl-lou "a ~ i.
ed M shng beyond doubt me aHii o .ne -
er h. he Juror obliged tba. doubt eA-ln2 20 MAKE
us mind one way " the other Iie 44e--oA pio--1'
quite olz ln Court - ..... 49,, -,,. s,rfy q.
i.a-d of O. e quit of A prisoner ls a. l.cA .-1-i u-s
acaut a. 20 condemn N here they are sA''siTo-
TIE Jury then retired and soon Aief"af- came '-
4 Court with verdict OF not GUILTY number oi 7
friends u NJ " were II Colr., and here " as A.7
uonstrauon Al applause. but 10 was immeela!ey q
pressed