The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-21
TWO CENTS.

having seen the symptoms of the decessed IL voua ~
exceeding dimcut for me co say what those symptoms
were, or what produced them The symptoms stnted
yesterday might be accounted for by inHsmms-
ton and could have proceeded from other causes in
day real ssfte ming abscess did not appear
where an absosss has set In the other parts Of the
Is ecos sDd of par,
times 1t emits an offensive odor and sometimes not
II Dr. Post Is to be believed the arteries which were
NO. examined II diseased, might produce the effects
By the CouRr.-Drs Mott and Post stated yesterday
that from the symptoms and from the post mortem ex
animation, the death was produced bv the blow. do
you differ with them - "' Nv
Al do differ with them so far as the symptoms de-
toLoeo ~ them might be produced by other causes,
Cross v eaa am, in this city.
QsYou differ with the doctors their theory, mas
ton OF the deceased after death
Q-what i, the standing of Doctor Mott in ts,,
country ~. ana S Europe as practical surgeon?
duce the combination Of facts described here Yes
! A.-The causes numerous that NAV produce
,oftening; one is disease Of the bood another oauss
Ii irregular living, which may produce broken down
sbecess Of the brain, So
The Court here took for one hour.
JOHN LAwLER recalled for the defsnce.-Was In the
employ Of the prisoner was sent to the psntsntary
on charge OF larceny, but witness Innocent or
the charge.
Several witnesses were examined to impeaeh the
character OF Patrick Kane, Sem Of the witnesses
for the prosecution; they all that his genera
preoners counsel commenced summing up He laid
II down as legal proposition that the prosecutor
bound to show anrmatively that tho wound on the
head inflicted by the eluDg shot was the cause of
Death twould not do to prove the probability that
other theory by which death can be accounted for.
We have shown by witness who produ oed before
you, that there are no less than Ave other causes
which might produce the symptoms as those
which appeared on the post norton
deceased In this view of the case, gentlemsu, tae
prisoner Is not legally responsible and you cannot find
He was followed by the DISTRICT ArronrrY,
who commenced his address by commen tinR on
the evy displayed by the PRISONER In the progress Of
the trial He then sombatted the medical propositions
conte nded for by the prisoners counsel concluded
his address by calling on the jury for verdict of guilty
The JUDGE then charged the jury. He said there
were only two facts in the they had to de-
and il 1t did with what intent was 1t given! Upon
the fret you have the testimony Of the three physI
caused by that blow Ago Inst shs united skill skill and
experience OF those gentlemen, attempt has been
made by prisoners counsel to controvert their tsst
mony by the testimony Of Dr. Stiokney; but, after
oil don't find much diff renee between them for he
says 1t probable that the death from tho
wound but that 1t might have occurred from another
cause. But you have the evidence DR. Mott on thix
point who gave his evidence at great length He said
from nothing else. On the one side is the testimony
OF these respectable physicians and the other side
this testimony you must decide shi. aas,tsn upon
OF them are honor to their country and II va had
to call them into our own family and they decided
on an operation to be performed Of eur
sopf, surely We would be governed by their advice
Now, let me ak you reject their evidence by what
theory will you decide this case! Let me advise YOU
however before you Iejsct their evidence your
ievas upon what theory have to fall back to ena-
BILE you to decide The remaining question is what is
the prisoner responsible fort Here hi, honor defined
the difnition Of murdsrl He said the crime Of man
slaughter was already defined BY counsel both sides,
ter Is premeditated design, which includes an intsn.
ton on the part OF the prisoner in refsreno that
crime The idea generally conveyed by the words pre-
meditated design are that it was entertained some
lime before; but that, think, 10 UNNECESSARY IL II
novgh for you to know that at the time struck the
f!ow, he entertained design and intended to kill his
does II is from his acts expressions you must
infer his intent Particular attention however is to
be paid to the instrument used by the prisoner
the nature Of it, and the in which IL Ia used
you must infer the Intent With these rules of law you
are to look at the es uony you Judge the ap-
peaIance CT It here that 1t IL most deadly
from q blow Of 1t. 1t seems Till, instrument has
rown up amongst us, and our people arm them
seves with the population Of So uth and West
arm Themselves with the bowie knife. Now 1t Is. ssI
raid before for to infer from the nature OF this
instrument, and his actions and words at the time,
what his intent was. You will, however-for It 10 a
question for your inquire whether the
prisoner struck this blow In self defence but before
you come to this conclusion you should ask yourselves
what was the situation Of the parties the time-whe
Their an attack was made about to be made on the
does not appear, from the testimony, that he was.
There were three four present at the tims and
they all intsrfersd to make peace.
The jury retired at ten minutes past nine O'Clock,
and returned In an hour and half With . verdict Of
Jusasbe Homicide" which the court directed to be
changed to verdict Of Net Guilty" Hidden
then discharged The jury also discharged until
Thursday morning when Austins trial will commence.