The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-08
The Trial Of Mrs. How ard, In Cincinn att, for
Murder.

facts generally pubshed at the time
tuation as they were given In the evidence taken !
since the opening of the trial The prisoner attended
at the boarding house of Mr. Howard and asked
Mrs Howard, who waited upon her. The next know
ledge that the witnesses had Of the transaction is de-
scrbcd by the keeper of the boarding house :
The first Of deceased she rushed into the kitch
en- her hands casped about her neck, and almost i'm
mediately fell muttering something did hear dis
tinctly. The blood spirited out the wall ran
through the yard, crying to Captain Howard, your
wife is ked.' He hurried down stairs and went into
the room. When | went in, heard him say Mary,
who murdered her?' l told him there a lady in
the dining room. Capt. II. exclaimed, 81 know the
murderer He then up stairs for his knife,
supposed The shreks and noise Of the inmates in the
alarmed the negborhood, and the house fill
across the step of Che door with one foot under her
Name Of the deceased was Mary Ellen Howard. Came
to my house in September last Deceased was small
woman, good looking, handsome form and was in bad
health Was killed on Friday, Feb. I'd. Was not as
stout as Mrs. Howard.
The deed is traced home to the prisoner by her own
confession, as related by Mr.. Henshaw under examine
On the night of the I'd February, l went do b n to
where Mrs Howard resided, in Cutler street; the lady
who opened the door said: ~ am very glad you are
come as Mrs Howard is distracted ] asked what
was the matter She replied she did not know.
went up stairs Mrs Howard, my entering the
room STOPPING down the stove, though she
was lighting fire She turned round the expression
OF her countenance showing much excitement, and
sa1a h nave ave Sren ast aown 20 your room said
with her head towards the stove and sat down was
agitated by her wild appearance, and ! said with
stairs very Steep they have put out of breath
She continued at the stove for three minutes
parently making fire; 1t rather cold night She
still continued silent, and remarked to her that her
dress was torn For moment two she still silent
and then turned round suddenly and sad 'Ive killed
that woman Her conversation very rambling and
dsbeleving her assertion cndeavored to learn what
she had done. ] asked her what has happened"
She said she had been ut work all day till about tour
O'clock when she went next door to lady who she
thought would give her information about her chdren
that the lady could tell her nothing but two other la
Captain Howard was boarding with woman passing
his wife in Fifth street that he had taken this woman
to the children brought them her. that
he about removing with her and the children to
New Orleans; that she (defendant then returned to
her house and started find them that she knocked
along at all the doors in Fifth street to find where they
boarded; finding where Captain II. lived she inquired
Mrs H. was, who then came down; that she (defen-
danD struck her blow with knife; that she fell,
Mr. Scott of the circumstance, and that he said he
did not blame her. heard her say about a
where in Fifth street. went down towards the direction
in Fifth, where supposed the boarding house was
and then ascertained what had taken place then
returned to Mrs. Towards house, and she asked me
what had happened told her | had heard that
wife had stabbed another. She repeated my words
with singular expression of cou ntenance, and re-
commended her to Mr.. Scott, to be advised what
to do. She paid no attention to my remark at first
but asked when going what she had better do
repeated, she ought Immediately to Mr. Scott.
She replied, Mr.. Scott will do nothing for me.'
She did not appear to comprehend what / was sug-
gesting-or that any thing more than ordinary had
happened, and said, Madam must go.'' She said,
" Do not leave me.' said If you want to talk fur
Their with me- you must put your cloak and shall
go into the street. We then went into the street, and
the first remark she made was I'm very cold
wonder if made fire ~ After five or ten minutes,
found she was in an unsettled state of mind, and
then returned to the room and when again spoke
of her going to the Mayor she asked if her going to
Marshal nulse would not answer well said yes,
the place she could 60" She asked me if could
go with her; said .yes'' On going into the street
hc uneasy, and when in the neghborhood of Mar
e,nI II,,Is. oh. che
then return and fix up her room. l said she could
not return that night, when she expressed good deal
Of surprise. and wished to know "why" She pressed
me with reiterated inquiries till stated to her that
the woman Dead she clasped her hands and cried
commit" She then wanted to return to her room and
] said would so back with her. l her 60 to her
house and turned up Barr street leaving her to re-
turn not word said by her that night in reference
to escaping to Kentucky; think she showed me the
knife; saw no sign of blood upon her; but she might
have said something about having washed her hands,
she occupied two rooms; two other females occupied
the other apartments in the house.
Cross-eIamined by Judge WALKER-Will you state to
the Court for what purpose you called upon Mrs. How
ard upon the night of this alleged act by her!
disposition check to be made into shirts had
given the work to Mrs Howard and called to how
tar she had progressed with it.
You stated that when she entered the room she was
STOPPING, as If engaged in making fire will you
state how long she was occupied in that way?
She was STOPPING near the door OF the stove when
entered the room, continuing engaged Mt it while
manned, as Fighting fire Later in the evening after
ascertain the truth of her story when returned back
did not observe any fire in the room--and when
quesed her to go out her reply wait till light
fire.; she put shavngs and lighted the without
any regard to arranging the wood; and upon coming
doors her first remark was, wonder IL have lighted
fre!''
When the spoke Of perpetrating the deed charged
against her, did she use the term woman The
woman ~" have killed that woman was the ex-
preston
When she spoke POI month previously Of HE living
with woman did she speak Of her az his wife,
Obi Ger
tainly not US his life.
What was your reason for supposing she had not
committed this act II did not believe 1t possible she
could have acted.
Was anything said about blood Yes; when re-
marked that her story must be chimera Of the brain
and nothing serious had happened she replied how
came, then that warm blood upon me! dreamed last
night OF sticking pig and the hot blood spouting
upon me producing the same sensation had, when
did this thing"
form Of her state of mind she was as crazy as
che could be. ' y"
determination the drecf-IIad been in tho babit of
seeing Mrs. Howard twice a week, except when
she was absent from the city, his acquaintance with
her was not ora familiar character but he entertained
strong friendship for her. she and her relations being
from the same section Of country he had from;
ara think her insane on two particular occasions before
TINS occurrences one was in July last, when she
about setting out visit to her friends; the other
was in last winter in reference to the making If the
shirts which she then declined saying she was going
directly of somewhere, and in hour afterwards CALI
ing to get the work. never knew the defendant to drink
whkey ardent spirits Of any kind regarded her as
liable insanity her tendency to which seemed to re-
late to her husband and children it was seldom said
the witness, regarded her in that light and then
adopted soothing manner towards her. what mean
by that that led her to hope she would get her
children, putting down Immediately the tendency of
the mind on that point.
Did you suppose her capable of distinguishing right
from wrong!
Judge Walker objected to the question, unless il
were applicable to the two points of insanity which he
had suggested-it covered too much ground and was
likely to lead to false issue The learned counsel re-
fered to Winsow upon insanity, where it was con-
tended that the capacity to distinguish right from
wrong was not an unerring test to apply; party
might labor under form of insanity protecting him
from legal moral responsibility, and which drives
him by impulse to the preparation of act after he
had struggled against the morbid DESIRE conscious Of
his guilt but compelled to do what wrong In the
sight Of God and man.
The Court admitted the question.
The witness then answered the question: did think
Mrs Howard generally capable Of distinguishing be-
tween right and wrong and disposed at all times to do