New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-13
MURDER TRIAL.
Trial OF Margaret Garrity for the Murder of
Edward Drum.
reported for The ~ Y Trbunel
Essex County, Nj,
Court OF Oyer and Termlner, Oct. IL, 1851.
FIFTH DAY-MORSiSG SESSION

behalf OF the prisoner, IN most able and impressive
manner.
He presented graphically the facts OF the courtshp
the abandonment and the killing, but insisted that
the prisoner was not guilty, by of insane
and shattered intellect, caused by her suferngs He
sad he dent believe there was another woman In
Newark could have done II.
The question Is, Gentlemen, what are we 10 do
with this woman Who will be the execunoner
Who sign The ceath warrant Who conslgn her to
the felon's death Who Is there who wishes any
further evil 10 TINS poor girl Even Drum, he be-
heved, were he 10 speak from the invisible land,
would say, She has endured enough would no.
add another lota 10 her accumulated sOrrows-lt IS
enough Every killing Is not feonious as. for self
defense suppose your house Is entered IN the night
time Tor ROBBERY, yOu have 4 right 10 kill the
rotber lie here defined manSlaughter. and said
90 not put my clients case upon this defense she
has not committed manslaughier Drum Is dead.
and may have died by her hand but she Is not guilty
OF mansiaughter. | shall IN my defense insist that
she has committed no crime that had she commit
ted the act IN the exercise OF reason II was man
slaughter but the stands having done this act
under great excitement and Provo alton and without
the exercise Of reason she has committed no oense
known TO our laws. She Is charged with murder
say she IS not guilty read the definition Of murder
as follows - When person of sound memory
and discretion with reason and malice aforethought.
wfuy kills another IN the peace of the State, II
murder. Now, gentlemen do you believe that this
poor child on the night Of the murder of sound
words sound M Hi0ry are important. Here is poor
elrl seduced and deserted, her own and family pride
wounded wandering upon the banks OF the liver.
and attempting 10 destroy herself she Is interrupted
in her purpose. cOCs into the woods and prays 10
God for guidance II her distress. Something put u
into her mead that she ought not to drown herself
returns hone, and weeping bitterly, tells her cOn-
paniors OF her wrongs lies down, not 10 sleep, but
10 vet her pillow with tears she lastS, and weeps
necessarily iOT week taking all The time OF Drum,
until She hears. on Monday. OF hls marriage 10 Ann
MagulIe she proclams to every one she meets she
Will Kill him, and proceeds 10 carry out her design
III the most open and public manner, making con
ceAlment Of her purpose. Does this look like a per
son OF a =" sound memory and discretion l She goes
into the stTeettO meet Drum,a strong athletic man. and
his wife, who knows her well. along with hun does
not fear that she shall be oed she goes and takes
knife from the very drawer of the house where she
lived. meets this man IN the street SEXES him by the
arm and slabs HIM 10 the heart then coming back
70 the place where she had lived and could be easily
found Laws TIE knife all blood, back IN the drawer
on the top Of the other knives and then gong TO her
chamber eXc,almS " ! have killed Drum" and then
undressts and goes to bed. Is ms the way that
murGerers do proclaim their deed TO every one.
does person win sound memory and discretion act
IN tins way We say Margaret Clarity IS not guilty
be cause She was not of " sound memory aud dlscre
iour at this time We DO not say II was proved she
was perfectly or ~ but that have presented such
a case to You 10 lead to the conviction TIA. she
Was so. And as reasonable, CONSCIENTIOUS men. you
cannot convict her t1eEe Is reasonable doubt, ana
she is entitled to that doubt IL Is maxim that
nnety-nine guilty should escape than that one nno
cen, person should suffer. Tie law says the higher
the ofense the clearer your mind must be Can you,
with the proof OF thus girls frenzy and distraction
before YOU. convict her of murder DR.. Darcy came
here rs he SAID, impressed against the gul. lie
was requested to SIT here, and on listening 10 the
evidence of the case he had changed his mind,
ard believes that at the time the act committed,
this girl was not moral agent HIS opinion Is en-.
tit ed To great weight he Is practical man, AMI
well informed We called other medical men, not
~. M ppf : 10
rate It, Again this testimony is uncontradlcted No
medical man, or any other man comes here ana SAYS
awning 70 the contrary. These men Go not come
INTO Court and risk their profe SslOnal reputation mus
lightly they are not Idle theorists, but neigh bOrs
whom We respect and know If 1t IS expected that
jury viii find verdict under these circumstances
ap air 81 this girl they unreasonable, ana cannot
but be disappointed SO far as relates TO The crlnl-
nal intercourse depends upon the declarations of
Tins girl under circumstances 10 convey strong be-
lief OF lis truth do YOU believe young girl would
come home and tell her friends all these things. and
cry and cry, and cry It was not true but 1t was
tue she had sufficient to drive her To the 0eS
rarate act committed, If 1t was not true, then t~aS
the plamest evidence OF her insanity, and entities
her 10 an acQuIttal You may take which horn OF
the dilemma YOU please.
The defense We setupis insanity, that is, at hetme
the act done-that the mind was uuseated, the
power of reasoning gone by. care not II the OPP
posipg counsel make out that she was full 81 re-
yenge, of rage II does not alter the case The law
tells YOU to place great reliance upon the ophlons
fool to say that knew as much about these matters
as DR. Darcy did | have never made them my study.
The counsel referred to the case of Ann Broderlck,
lCr Trials, D. 2l2,l young lady OF Lancashire, I'D
England.
lie had asked all these physicians If cases of Seduc-
ton had not peculiar tendency to unsele the mind,
ard they all answ cred Yes. He next cited the case
of Ann Uodce Winslow-li2 Lar Lib.. p. l5l-a case
where the prisoner was dIschargedirom employment
and murdered her employer. The plea vas msan-
lty the Judge charged If there was DOUBT to give
the prisoner the benefit Oft they had that doubt,
and acquitted her. Next ne cl!ed the case OF Mar-
gaIef Howard OF Amelia Norman and Of Spencer,
and the case of married woman of good character,
who was delivered OF child but beng unable TO sleep
fell into a temporary frenzy and killed her infant.
In the absence of friends She ted them she had
zone II, was indicted for murder but acquitted,
because II was proved the act was done when the
mind was III state OF frenzy and insanity, anu the
whole community approved the Verdlct. Inc case
Of the man who waited IN the tneaer three quarters
of an hour and shot al the King OF singleton Mer-
Ger and of the man who shot at Gen Jackson, as he
came out OF the Senate chamber, his motive being
10 Kill the General because ne was running the odDAs
This an was tried in Alexandra and acquitted as IN
sane There Is no record where there Is doubt
with the Jury that they conVlc'-they always acquit'
lie dwet at length upon the case OF Mercer ana re-
marked. "In this case there vas no brother to
,vence sisters honor God may have temporarily
taken away her reason that she might ayenge her
own honor. and visit summary lustce upon her &C.
stroyer. Her vengeance was Hods Jnstlce' ne also
rotorie,y whose brother slew her seducer. II might
occur to the Jury If We DO convict her she will be
nardoned There was no certainty of that there
was no telling what men in high places Will do. II
Won want Margaret Garriiy hung upon the galiows,
convict her If not, acqult her. The Jury IN this
State are mere judges OF the law and the past
and no man sitting upon a case Ike TINS could ds,
charge his duty by eisregardlng the convictions OF
his own mind, because A, or L, or any Judge,
should direct him against those convictions.
Gentlemen, ! now commit to you the case OF
Naroaret Clarity. | commend her TO your humane
and merciful consideration. Her lot will be hard at
bsst She must ever pass TO and fro through an en-
nous End distracted world as adultress. II she
shall be tas | confidently expect acquitted by your
verdict young man OF young woman. VINO now near
me 90 not point al her the finger OF scorn. When
orr savior looked upon the woman taken IN the ACT
a adultery, he did not reproach her with her deed
Sr, ssid 10 her 20, SIN no more. May you give
ms Ooor child a safe dehyerance. May she be par
dored for her oenses and be permitted, al tue emu
OF her days. enter into that abode where all strie
viii cease, where the wicked cease from troubling,
and the weary are al rest.