The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-07-19

ankle by the Court and the counsel Testimony
"nleh should be excluded, is given at length pro-
Nohing lnterminable discussions from the LAWYERS.
ana wasting the time of the Court In listening to
these windy declamations, patience ceases to be-
come virtue, and a serious examination is made
to border upon the buresoue.
,, FRET DISTRICT CoURr-Tae STATE VS. Enily
,4-E',e'a' tor lhtrder.Ihis trial took place yes.
uiuah: on tne part Of the State, it was proved
t%I tleiiry ohac rick was brought TO the Hospital
G1oiy cnt "a ths abdomen on June 2Oth That he
Wy 19 US iouoreng day Mr. Petrie of the Second
arr ',,lri Police, testified that he took the pris.
M no,n ,ne Baronne street Guard house, without
a., I,y llh !ry 10 the Hospital, and placed her by
~ ~" AIDE OF The deceased, who recognized her
40 Z" mayfelj, and said she stabbed him without
NJ pfovocaaon. The prisoner said nothing. Dr.
AZ ercier said that the wound was not fatal but that
Jeath was caused by the neglect of remedies The
nan was first received in the Hospital at o'clock
ana had Surgeon been procured at that time the
caauces ware greatly in favor Of life. No blood.
vessel had been cut, nor were the intestnes in
Jufed. But in the morning about o'clock when
ne saw him, the intestines had protFuled and be-
come so twisted that modification had taken nlace
ne was present when Pe,rie brought the woman
thefe. Shadrick was at the time IN e1treRlis-he was
orD%sy and deiirious. Witness objected TO his he.
l1I disturbed at the time as he was diving. IN.
pointed out the woman as the one who had stabbed
nan lie said II was done IN IA cab He was so
uehriohs that he could not speak commercially.
though ne recognized the woman. He thought the
dhqIl might have been saved with prompt relief
Two other witnesses, mother and son, living
h-At door 10 the house Of Emily Mayfeld heard
moaning in the early part of the night They
VEN aut and they saw Emily carrying man cut
81 we aey and pat him on the step. The mother
saw Tie man standing, and Emily sitting, on the
sep, who said Duck mad got stabbed They did
loi appear 10 have been quarreling-heard no high
words or abusive language.
II ~
hothing about the matter, till the Watchman came
70 arrest Emily. They live in the same house. and
kaOwn it,
The Clerk Of the Hospital informed the deceased
that he would die. He shed tears. and declared
thai Emily Mayfeld had stabbed him He cor.
rohorated the testimony of Dr. Mercier az TO the
interview at the bedside Of the deceased
, Mr. Baftleid alias Wilkinson, saw n man and
Emiiy Mayfieid in Philippa street on the night of
The 2Oih nit. He asked Emily what the matter
was. She said, Z" she had stabbed him" Wit
Ii5ss did not ask the cause, or any thing aboutit
fie was recalled. The man was slightly pock-
marked-dd not recOect whether the moon shone
or not, he saw by the light in a bar.room.
The deieuce objected to the introduction of the
dying declarations. By the English law, they
formed an exception 10 the general rule, which is
that heaFsay evidence is inadmisshle. The Con.
stitution OF Louisiana requires that the accused
shall be confronted by his wtnesses--it does not
recognize the exception, but expressly forbids it,
Inc Court overrnled it, and admitted the deca-
raiions, to which bill of exceptions taken.
The defence proved by Thompson that Shadrick
mad met him that afternoon, and informed him that
NE had been stabbed He loaned him clean shirt
aud pantaloons, and gave him some money to get
ms wound dressed.
Capt. Forno knew Wikinsons character for truth
and veraclty TO be very bad
Examined on the mart of the State-Knevv
Ihompsons character for truth to be very bad
The District Attorney opened the case briefly.
ana was followed by G L. Ross and J. w. Frost
appointed by the Court to defend the prisoner
The ground OF defence was, the want of proof
that the man who died in the Hospital was the
same man in Philippa street with the prisoner
secondly, the absence OF proof that she stabbed
hun. This last fact only appears from the declara-
tons OF the deceased when he was delirous That
the dying declarations were to be received with
great caution. They were in this instance so
loose and disconnected, that they could not be re-
lied on. The lamp of life Pickering in its
socket, and yet by its feeble and uncertain light
the State asked the Jury to read the guilt of the
prisoner. The course of Mr.. Petre in taking the
woman out of the guard house and dragging her
down to the bedside of the dying man, was a
usurpation oil power and an outrage the ordinary
decencies OF society. The deceased said she stabbed
him without proyocation. This was contrary to our
daily experience. 1t was against the instinct of
the sex TO take life Almost in the cradle the girl
manifested that beautiful instinct on which hangs
the continuance of the raee-the preservation of
life. Her toy was the doll. The boy Just breeched
coveted the sword and the gun-the little girl has
her tea-Parties the boy his mimic battles. When |
men become degraded, the instinct of destruction
has perfect sway, and bloodshed becomes their |
pastime. Not with women; and, amid their
debasement, this feeling would at times, exhibit |
Itself Oltentimes in the houses occupied by the |
most abandoned women children were to be found |
strangers IN blood to all, yet, as tendery nursed-
as richly clad-as thoroughly spoiled in the
naTlOr2 bn Hars Al
presumptionln her favor
ne declaration OF the deceased then, that she |
e,inoed nm without provocaliou, was not credit |
anie' and when taken in connexion with his disor-
CeFeo mlhd, The want of a cross examination, and |
a7 absence Of fear of the law ought not to be the
ground of her conviction
As W Wilkinson and Thompson, both had been |
80 much damaged that the jury could not believe
r.sI5I, lahs away The evidence of the dying man,
and The case OF the State was gone.
The argument of Mr.. REYNOLDS was ona of the
nest we nave ever heard from him. He showed
Lhat the statements of Shadrick were corroborated
10y tns o'ner Witnesses. That the diving man re.
cognlzed her and denounced her as bis mnrdsrsr
They have not attempted to aoconnt Co. IL 49,
found STABBED on her premises. What ,noti,a shss
could have had was not apparent-it Mich 80,
been Jealousy He did not concur with Ihs cnpnssi
for the defence, who had said that Tho taLi %
life was contrary to the instinct of the sew -.
from ii, the most awful cases of cold. hloodod
der on record, had been committed bv yyo,ne1,
Counsel conscious OF the weakness of the cansa
lad endeavored 10 draw the Jury away from the
facts. They bad disdained TO appeal to the SWIM.
pathies of the Jurythey would argue it as a cues.
tlun OF law, and yet they had, throughout in COW
eFt and ariiu manner, sought to enlist the svmpa |
hes rather than convince the understanding of The
Jury. While he pitied the unfortunate woman.
and the class TO which she belonged, he was com.
pelled to ask verdict of murder. They had a |
right to qualify it by adding without capital pun
shment. "
The Jury were brought into Court at 8 O'Clock,
aud informed the Judge that they could not agree,
and with the consent OF the District Attorney and
the prisoner, the Jury We're discharged. We un-
dersand the Jury stood nine for verdict of guilty of
manslaughler-threefo for not guilty.