The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-07


do schrs Daren, P johnson. Savannah; Sharon. Nod
Era, NYork.
Court OF Oyer and Terminer.
Before Judge Hurlbat, and Aldermen Wood 81
Mullins
TRIAL OF THOMAS A. WALKER FOR THE MURDE
MARTHA E. WALKER.
NINTH DAY.
Court met at 10 O'Clock, pursuant to adjournmeil
DR.. Warts called Has read the post mortsm q:
nation (The original of the said examinatio
being in court, was sent for from the Herald OF
WHITTIER by permission of DIR. Busted, it had
called to the stand
GILBERT nj. SPEAR was then sworn. Witness Is
ther-in-law Of the accused; after his imprsonu
found letter addressed to prisoner at one of til,
press Offices Boyds TO wit; the letter is addresse
SO Liberty street; the store Of Brady & Anderso,
which witnesses brother did business, was remove
that time and before that date to the opposite sid
Broadway Ut was therefore wrong address)
O'Conor opened the letter in presence of witt,
Here Mr.. O'Conor stated that the accused himself
never seen the letter until last evening: the y
writing was admitted as being that of the d.ce,
Mrs. Martha f.. Walker; it was addressed to Mr. I
A. Walker, So Liberty st. The letter was then rea
complained in warm terms OF receiving insul
and bitter note from the accused; ALSO Of want of
ing; and said she would make every sacrifice for
In order to be reconciled with him She said fur
that Walker himself had never made any sacri
for her, and that she had made all for him. He
doomed her to seclusion. yet she happy seclu
with his love, until he cruelty abandoned and desc
her Only his treachery and cruelty had changed
respect and Deep passionate love for him The IL
then goes on and states her deep feeling on his BIZ
and com plains Of vilany and malicious injury. 1t
him that he had made life to her; she locke
death alone for alienation Of her sorrows 1t
calculates how vain it is to appeal to a man so
tute Of feeling and cold hearted he 1t also
an offer to him, which she says is known to her IA
who wonder at her love tor one who has blasted he
putation and treated her SO badly. 1t also said
was willing never to go out Of the house during he.
never to see the sun never to any but her fe
relations, for his sake If perfect secluson would sal
his Jealous nature. copy Of the letter was refus
The letter was post marked 10Th January, lS49
date given by the writer; 1t was only first tt,
out Of the post office March 1vth some time after
death. Mr. OConor cSHdidly stated that he
overrulsd the advice Of the counsel joined with hi
the defence, as to the reading Of this letter. and
ing 1t part Of the defence The letter having been
Mr. OConor refused to give 1t to the press for pub
tion because the other letters which had been give
him to the Herald had been published with mu
tions and omissions, and the slips sent from that
to other offices, contained the same omissions.
Examination of MIR. SPEAR CONFERENCE.-The. Wa
last came back from St. Louis, about the z2d or rs
May, lS47 witness was not present during the ex
nation before the Coroner; witness is cognizant
suit brought by Mrs Walker against the accused.
Q.-Are you aware, as far as you could discover,
Mr.. Walker was glad ut this suit being brought!
jectedto.
MIR. O'CoNoR stated that his object was to prove {,
II there was anything Mr. Walker was glad Of it ws
her bringing this suit. The prosecution had STATED
the opening, that one Of the reasons why no shot
was to get rid Vt that suit. Now the fact was, tina
the contrary, he was glad of that suit being broc
against him.
The prosecution objected to the attempt TO PRO,
feeling Of gladness in the accused by the opinion
witness, and that witness his brothsr-inl law. r.
court overruled the question. Mr.. O'Conor excel
Cross examination Witness took this letter from
Post Office on the 18th Of March last; Mr.. Walker
anxious witness should obtain all tho letters decc
had said she had written him letter in January WI
Ot A n III prpd Ia hara aho
saw that pistol before.
Direct resumed witness never knew the lady;
witnesses knowledge, none of the family except
DR.. WOOSTER called and sworn.-Ts practising D
sician In this city of thirteen years standng has
the post morfem.
Q.-How near to the body must the muxzle Of
pistol have been, In order to inict such wound o.
scribed on the post morten
Alt must have been within o few inches say n
three to six.
Q-Could an ordinary man, standing up, (they b
standing up) and he ut three PAGES distance, INF
that wound At that distance.
At would be impossible. (Here the Doctor
planned how II would have been impossible) The
tor thought the fracture Of the ribs was prodaced
the ball
Witness proceeded, and in reply to questions, sta
that there would have been d faeulty for person
have inflicted that wound himself Or herself if they
used the thumb to pull the trigger; the muyxie OF
pistol must have been In mmo diate contact rs also
Witness was requested, by friend Of the deceased
attend the post norton examination; was first SUNNI,
ed to testify on the part Of the has sil
been subp9Daed for the defence.
Characterization Witness has never been in
army; has seen very few gunshot wounds; Is attends
case, now, Of one who shot in the late riot tn
are not the least marks Of powder In the Aston RI,
theatre gunshot wounds; at the distance Of two pac
there can be no traces of powder in the wound; .
fred yard of, would make traces of powder on
wound, unless there was much mere powder than tn,
u in a small pistol charge
Q.-Would cannon ball, passing man and !
killing him, break his ribs!
Witness here explained, that he did not mean tn
the wind Of little pistol shot broke the ribs but
ceased were probably from n quarter TO q thi
Of an inch apart. 1.-THE Doctor here placed iii
self In position, took the pistol, and with .
right hand holding the pistol to the right brea
showed that no could easily produce such . Won
upon himself 1t was impossible, however, to do th
BY pulling the trigger with the hnger this seemed
be conceded by all parties in Court.l
III. WILLARD PARKER, was then called and sworn
Y. ~ MT O'CoNoR.-Suppose the injured perst
was female about hive feet high; and suppose ii
'eIsoh wne Is accused Of having shot her is y man
,fdinafy size, and suppose that the wound Is a ~
not wound an inch and quarter in diameter belo
he COLLAR bone and that the aperture in front was
u al inch In diameter the bail entering ia between
econd and third ribs fracturing both Of them, o.
'assing out between the 7th and SLh ribs. near a
pine; and suppose the pectorai muscle was lacerats
hd torn downwsrds aud inwards and the chalKs
""~e' o'inS nj oruhsry cnarBe TOT pistol then no
rear must be the muEze Ut the pistol have been in
Ter to infiict such q wound
a. very near, an inch or two, or even in coula,
nth the body witness il Professor of Surgery In n
olese of Fly icians and Surgeons should thix the
az no difficulty In the individual herself inhictn
hat wound.
cross-es sassnafssm.-A person. such as the prisops
uHnt 10 DE- ss near ~ three feet that is about IA
apgth OF the arm Ia order to innct that wound; il
Oh three feet OIL he c-ud do it, both of them stan
"; being dstAnt the length Of the arm he could she
ring the musye OF the p,sto into close oont sot via
pc or'xtt supposlog the female was lesniRg f,rxsr,
as rou,u nAhe !. possible to produce suoh wsan,