The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-09
Court or Oyer and Tcrmlner.
Before Justice Hurlbut, and Aldermen Wood an
Mvrllfa


TRIAL OF THOMAS A. WALKER FOR THE MURDER OF
MARTHA T. WALKER.
JvNES.-At the usual hour the court opened There
was considerably smallsraudence than had been 60
morally in attendance.
About half past ten O'clock his honor Judge Hurl-
but addressed the jury He began by stating
In which the trial had originated then went on
to speak Of the character Of the investigation itself He
cautioned the jury against being sctuated BY any
might have produced an influence upon their minds
They to dismiss all such considerations and make
up their judgment solely from the evidence He then
alluded to the distinction between moral and legal evil
dence expressing his regret that the heightened state
ment made by the accused before the and
also the conversation which took place between him
and the deceased after she had received tho fatal
wound, and previous to her death, had not been
scented by the prosecution twas true that the court
had been obliged to exclude that portion of the tes
mony acting under whatit regarded safe and proper
construction of the rules of evidence STILL that evil
dence might have thrown important light upon the
materially aiding the court and the jury in their
judgments and hence the expression of his regret that
dwelt at some length, advertng to the theory
based partly upon necessity and policy, and
had, heretofore been usually admitted. 1t true
that the prosecution not bound to present in
this case; and so the court had soemny decided but
decided with regret-conforming in that decision to
the established practice Of that hall and this State and
departing in some respect from the British rules OF
| procedure The Court then proceeded to speak at
much length OF the relationship which subsisted be-
tween the deceased and the accused wing the Ella
borate and protracted arguments of counsel both
sides, with reference to the validity Of the divorce
obtained by the deceased in the State Of Connec-
ticut from her former husband, Charles F.. Miller.
On this point the Court decided that this divorce
null and void sustaining his decision by argument
and authority, the latter chiefly derived from Kent
At the time the jury were directed to consider
the effect which impression of the validity of the
divorce might have had upon both or either OF the
parties IN the present case ne anlmadyertea upon tne
which was not Of high Importance although OF some
Importance in so far as respected its relations with the
motives of the parties Then, the court proceeded to
define and explain usual the rules Of crcumstanta
evidence which alone the guilt or innocence of tho
accused in this case was be determined Next he de-
scrbed the various hypothesis whichhad been present.
ed Frst wfu and deliberate murder second accidents
third suicides fourth an intention on the part Of the
deceased to commit suicide and say the accused After
briefly advertpg to the attempt to fix upon the
accused the crime of mansaughter In the first, third,
fourth degrees which the Court did not seem to re-
gard sustained by the evidence he went to speak
OF the two differences which he regarded the only
ones involved in the issue one was against and the
other in favor Of the innocence of the accused One
Of these differences was, that the murder had been
perperated and the other that suicide had been
committed. What evidence was there in this case
| that deliberate murder had been committed? Now,
the importance of the relations of the parties became
manifest. She claimed to be his wife He resisted
the claim She claimed to be his faithful and loving
wife, He denied the allegation. Her feelings were OF
| mingled love and hatred. How sincere the love,
how genuine the hatred for the jury to deter
mine Tho accused assumed all the faults
all the origin Of the differences between them:
Did he love her? He assured Mrs. DAILY that he did
love the deceased more than any woman he had ever
seen. 1t for the jury to determine whether he
GUS and that jealousy prompted the killing There
legal evidence Of lawsuit between the parties and
that consideration to be dismissed altogether by
the jury Did the conduct and manner Of the accused
indicate murderous design? Did he threaten
violence? Was he in the room on that day of
his own motive, or was he there in obedience to
her solicitation! Did she dread violence on his
part? All these questions 1t was for the jury
be a circumstance against the defendant if he had
carried the pistol there that day But the pistol
had been in her possession: that to say in one
or O her which
she accustomed to meet the accused. The test-
reviewed: and the Court dwelt With some emphasis
upon the Importance of the fact testified to by the
former that on her opening the door Of the parlor in
of the pistol she the prisoner standing with the
pistol in his hand, pointing towards her-that was q
conclusion that he had held the pistol in bis hand
when the shot fred But it was for the jury to
consider how much credit to be attached to the
statement. No one could for moment doubt the per-
feet truthfulness of Mrs. Wells She had throughout
sustained the character of a reliable witness She had
RETAINED from any thing like accusation of the de-
PENDANT. She undoubtedly intended to state nothing
but the truth But she then in circumstances Of
agitating character; and how far they might have
influenced her impressions, for the jury deter
mine The manner of the accused after the occurrence
was next reviewed and voraby to him His remaining
on the spot-his retaining the pistOl-his whole de-
meanor, were adverted to. The motive to commit the
act-the disposition to do 1.-THE seeking Of an inter
view for the purpose of executing 1.-THE possession Of
the weapon with which it was done-the holding
of it in his hand as seen by Mrs Wells
But, q he had said at the outset, the case would
have been illuminated and aided by the statements
of both parties that 1t seemed to him the
were hardly warranted in resting their ease without
producing them Then the Court proceeded to speak
OF the opposite hypothesis-that of suicide The men,
tai and physical constitution of the deceased her al
legged tendency to suicide; her threats Of suicide;
her retaining and concealing the loaded pistol
the nature Of the wound her abstaining from
any accusation of murder against the defend
ant, as urged and dwelt on by the counsel for
the defence, alluded to at length and after
To fha of fba npdo
the solemn responsibilities of their position, the Court
concluded about half past o'clock.
The jury then given in charge Of several off,
GERS who sworn to keep them in close custody
and retired to deliberate the verdict
About seven O'Clock the jury intimated wish to
communicate with the Court On their being brought
in of their number asked whether it the muzzle
or the hpndl Of the pistol which Mrs Wells had stated
was pointed towards her when she opened the door
and the instrument in the hand Of the prisoner
The CeURT read that portion Of the evidence which
has already been laid before our readers.
The Juror then asked whether il doubt existed in
their minds to the guilt of the prisoner they to
convict?
The CoURr replied, that of course if a reasonable
doubt Of his guilt existed, the prisoner must be
quilted.
The jury then retired again, and after short in
terval returned, with a verdict of Nor Guilty..
slight demonstration of applause followed, which
instantly checked by the Court.
The prisoner Of course at once discharged, and
retired with his friends