The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-03
Court OF Oyer ana Tcrminer.
Before Judge Hurlbut and Aldermen Wood and
Mullins

Court OF Oyer and Tcrminsr.
Before Judge Hurlbut and Aldermen Wood and
Mulns.
SIXTH DAy.
TRIAL OF THOMAS A. WALKER FOR THE MURDER OF
MARTHA Z. WALKER.
JyHr Court opened pursuant to adjournment ct
Some-we might say much surprise felt yester
day. both in and out of court ut the resting Of
imagined that Pastor Southland the clergyman Who
ceived the dying declarations of the deceased lady
Would have been called 20 t1 Ss stand Tor It was
dence the strongest in existence against the
prisoner Various surmises and conjeotures iu-
duged In q to the reasons which could have induced
the able and learned conductors Of the to
leave out from their such strong to the pub
lie mind, such conclusive evidence But they under
stood their business doubt the
public. Among these various conjectures, though
we heard and could devise none which seemed
capable OF explaining the matter, the plausible
this viz that if Mr. Southland were brought to the
stand to give in evidence the dying Of the
deceased lady, the defence would endesvor, and
prepared to impeach her testimony and would go into
her character her past life all her conduct and
S tnu S ana 50 TORN rem nsr
be believed when her death bed be absolutely
perfect pure and immaculate and spotlessas il any
person who may not be quite against all the at
tacks Of SANDER, enmity and malice be ad
mitted as a credible witness Another cause heard
assigned by way Of conjecture for this course was
that her account OF the transaction open to many
contradictions. We do not believe that any of these
were the real causes which guided the prosecution;
1t had better and stronger We believe, and
firmly rsuaded that State prosecution could
he conducted more fairly, earnestly, impair
engaged evidently labored most ndefat gaby and
honorably and oonscentiousy to discharge all their
duty to the State and to the public they ought
hey had, doubt other and better than the
public were aware Of or, perhaps at this moment
appreciate
On the opening Of the court, Mr.. O'CouoR, counsel
for the prisoner addressed the court previous the
final resting Of the prosecution upon the subject Of
the course pursued by the State. His argument was
in substance that the State ought DO permitted
to hold any evidence might possess in reserve be
brought forward after the defence by way reply
Mr.. McKroN, for the State replied and insisted upon
the right Of the State bring forward such witnesses
as in its judgment were most credible and necessary
to sustain the prosecution II the defence
iou that the witnesses not called should be examined
they were present in court and the defence could
CAN and examine them.
Judge HuRLBur decided that the whole case should
be proved in the first instance before the
dence calculated to prove the armativey in the
first instance ought TO be kept back, held
The ATroeNEr GENERAL, Mr. Jordan, contended
simply for the right Of bringing forward rebutting
testimony, If the defence rendered it necessary He
agreed with the court generally in the doctrine it had
stated; but having made out prima tacie case he
contended that that was enough and that the
prosecution was not bound to anticipate the defence
and bring forward anticipatory evidence against
their yet unknown line of defence.
JUDGE HURLBUT expressed his willingness to receive
rebutting evidence clearly So by way Of reply, but
not affirmative evidence which ought all to be brought
its own merits.
r. n.
subject
Tho Counr had consulted with his co-adiutors
and concluded that they ought to have all the light Of
which the capable. The Court saw some
difficulties In the evidence but as the defendants
counsel urged its production they might easily bring
forward themselves The Court then stated why it
would not compel the to go when they
had rested.
Mr. JORDAN explained, that there were reasons why
the prosecution did think it right to produce this
evidence 1t could, perhaps be objected to, as not
iv legal evil
dence no verdict founded on 1t could stand But If
the defence would bring forward this evidence, the
prosecution then would not. perhaps object tot
hus twill be that the Attorney acted
most wisely in not bringing forward this evdcnce
what would be the advantage of getting verdict on
evidence which would perhaps in the strictness of
that verdict to BE- afterwards aside and thus
az ala Of
Of the counsel for the prosecution is thus apparent
and shows that the unearned in the law ought to
be- too fast in judging condemning before they we'll
understand the whole.
Mr. CoNoR here wished to know if the prosecution
intended TO read the prisoners examination taken be-
Mr. JORDAN replied, that they did not at present in
tend to read it; whereupon tho counsel for defence
The COURT after reading the examination and hear
ing argument said that the impression of the Court
tho examination, il read at all, should be read
now but he would not decide the point
The defence was then entered upon BY Mr.. O'Co-
production Of the witnesses for the defence
Mr.. OConor, in opening for the defence, began with
observing that In all the records Of criminal prosecu
lions, there was nothing to be compared with the
course pursued in this prosecution death happened
to occur in house. as Lexington avenue, and Thomas
A. Walker had been arrested merely because he was
there Even the aunt who almost the mother of the
deceased person, had said of Walker, We do not say
he done Ii Since that time he had been
the waves Of caumny had rolled over him, and he had
not uttered one word In his defence till this day Mr.
OC then proceeded in a warm and animated strain Of
powerful eloquence to comment upon the course pug
sued towards Mr. Walker the Coroner inc uest ana
before the Grand Jury Mr. O'Conor rejooed in
eating tho chsrsc Of bis client He complained that
the prosecution had refused to call the witnesses,
Southland and Hill, all he (Mr. O'C) had to meet was
"an artfully coAtrived modicum Of evidence" He
compared this trial to game Of chess between the
State and Thomas A. Walker. Mr.. O'Conor then pro-
ceeed to give" detail Of the true circumstances of
this controversy" He said he did not seek to excite
sympathy; his client would rather lose his life than
live with single doubt of innocence in the mind
Of single estmabe man MIR. OConor then said
he would give & plain, distinct, unvarnshsd
r.tive" He then went on to say Miss Mar
tina Blackwell the daughter Of respectable
house and honorable family residing among
She certainly young and pretty, and very
Sispotion she was uncommoniy cheerful but ABOVE
all like true daughter Of this honorable house, she
was as proud as ever woman was and a. brave
man She had also another quality which he (Mr
OC) would not mention.
In 1884, she married . native of the State of New
York, Mr.. C. F. Miller. They left New York, and re-
sided in New Jersey. In 1912, Mr. Miller again came
and resided in New York MRS Miller then 1T to
get q divorce from her husband Perhaps she was ad-
slippery States where like Gretpa Green may not,
indeed get married but where ono might get unmar
red Under some good advice, she went thereto the
State of Connecticut Miller thought 1t best to
bring his wife back He carried her off; but she got
away again. and then obtained divorce from the
Legislature Connecticut In her petition she states
that c. F. Miller nhabitant of the State of
York. Till now, Thomas A. Walker had soon
her. When did he first her? Where did they
meet? No tell. He is not permitted to tell.
She had been for some time equvocsl kind of .
widow. expect to prove she consulted counsel IL she
could marry that divorce which she had obtained
and told she could not She and Walker not
married. She asked him to marry her; and she
would have married him II he had asked her. for
she dared notshe would have been guilty Of bigamy
She glad to have Walker pass for her husband
without being married to him She was cheerful gay
joyous but very bold and had unfortunate tendency
to suicide. We will prove three attempts: one by
laudspum. and, when She recovered. she laughed
and said by, fate is against me ~ One reasen, no
doubt why Mrs Hill not called is because she
present on of these occasions This acquaintance
with Mr.. Walker took place in 1845. Its origin is a