The New York herald., 1851-10-12
Trial q Margaret GarHity FOR the Murder
OF Edward Orum.

| FIFTH DAY.
| OCTOBER III -Governor Pennington addressed the ury
iSr the defence He ably contended for the acqutta Of
the prisoner setting the defence that at the time
the act vas done the mind unsssted and the power
Of reason gone The law teld them to place great re
ance upon the opinions OF scientific in these cases
They Ghe counseD had produced such witnesses~men
Of undoubted professional reputation-one Of whom,
Dr. Darcy said that he came into court impressed against
the prisoner, but requested to see her; did so
and ON listening to the evidence in the case stated that
he had changed his mind and firmly believed that at
! not moral agent. The evidence Of Doctor Darcy
entitled to great weight as he practical man. and
we'll informed they had called other medical men, not
because they had msrusted Doctor Dsrcys testimony
no medical man who anne into the court as witness
into the court and have rsked their professional
reputation thus gAty they are not evil theorists but
pected that jury would find verdict under these cir
cumsances they must be unreasonable and cannot but
be disappointed The learned counsel then cited numer
Gus tending to show where the existence of nsan-
y was proved beyond doubt among them he cited the
case Of Anne Hodge (wnsow, AZ law library, page Is
The judge in his charge to the jury told them there
doubt to give the prisoner that doubt The jury
inThat case acquitted her He then delivered eloquent
address end conclusion saidGentlensn Of the jury:
now commit to you the case of Margaret Clarity. I
commend her to your humane and mercful considers-
ton Her lot win be hard at eas she must pass to
and fro In envous and distracted world adul-
teress. II she shall be las confidently expec scquit-
ted by your verdict, young mon and women who
hear me do not point at her the finger Of When
Saviour looked upon the woman taken In the act of
adultery, he did net reproach her with her deed but
child safe deverance. May che be pardoned her
offences and be permitted at the end of her days
into that atcdc where all strife will cease-where the
wicked cease from troubling and the weary at
The District Attorney rose to sum up, aud said
Gentlemen of the jury IL is my duty to review the
evidence in this case and the Law which has been re-
srred to applicable to it. Do not mistake position
which occupy. 1t s sad, painful aud difficult task
that Is before me- My heart shrinks from it, for like
you n Is with the prisoner at the bar aud sum.
mon all my courage TO discharge with fidelity my duty
DO not stand before you, to day the willing advocate
professional eciat. the officer OF the State aud
am here at her command not to hunt the prisoner TO
in the sdminstration of the law, Of New Jsr,e,
This unfortunate woman Is on trial for her life.
The State Of New jersey loves mercy and not sacrifice
hat Indulgence has she not extended TO this
She has furnished her with every opportunity of solicit
ing from her citizens twelve kind hearted mercul men
lie next alluded 10 the kindness and generosity Of the
learned counsel who volunteered their able services in
defence Of the prisoner, and said that Irishmen who
sought asy um ard home in this land should re yc
the laws and love the State, mercifu to their
erring children in Distress and who take the poor
lamb not TO kill and TO dress 1t for her benefit
to protect and flourish 1t in her bosom The
learned counsel then gave the two legal definitions
OF murder in the first and second degree. The pun
ishment for murder in the first degree Is death
ard In the second imprisonment for term exceed.
Ing twenty Jea-s. He would think that IL be laid
down, as general rule that wbaie the malice Is i'm
Piled only IL Is murder in the second degree He here
gave Illustrations OF offences which constituted the
degees of murder, and went to say, that whatever
was the crime OF Drum his poor wife was an innocent
sufferer in tbs fearful tragedy He had been a suitor
fer twelve months She knew Of engagement with
Margaret and only the nis ht before had pledged with
him The solemn words Of rlatrimopy The unfortunat.
prscrer with single blow, had sent a soul
bdeen TO It's God and had made another womans heart
ss destlste a. her Spare. oh spare, this poor
widow In this wholesale condemnation. Oh la
mercy drive not another steel into her bleeding heart
you Christian OF the words Of inspiratsn Judge
not that ye be not Judged do not stand before you,
gentlemen Ci the jury the defender Of Edward Drum
lie is before eeat where there is no errnc in
the Judge and where there Is mercy than Ia the
hearts CT relentless men he has been tried here with
out IN advocate or hearing Where would be here
or hereafter II tried for time eternity without hearing
or without any to plead for But Margaret
with which have to do matter what may have
been tina character OF Edward Drum, matter how
hend-like LIE may have acted matter IL YAM
pyre kp he sucked the blood Of dis innocent vie,m
Ged now bis judge and not Such Is the arooity
placed herself upon the defence that II herself
but maniac who committed It. Her defence j. not that
she was permanently insane but that at the time she
scous II act that she ought not to have done
The queftion whether she lad the full possession Of
her faculties ani her reason In fu vgor this be
then every who commits the crime Of murder the
outbunt cf uugo1trnase passion II not subject Of pun
shm, Mt when envy or Isyerse or jsaon.y may glut
Then no except the hardened villain who weighs his
life in one scale and money ia the other must for
hip crime. None other commits the crime Of murder
with all the faculties Of his mind paired aud his
actions controlled by his The District Attorney
then concluded an eloquent address
Chief Justice Green then charged the Jury, aud said
GCntemen-Margafet Garrity, the prisoner at the bar,
stands charged by the presenep Of the grand jury Of
the grand Inquest Of this county with the crime OF
der. The indictment charges IN suhstance-(he here
lssd the indictmentl To this ehargs, the defendant
plssd,d not guilty and haS put herself upon jury Of
the coantry which jury you arei aud whether she be
guilty or net guilty as she stands charged ia the In
ecimsnt. Is the ieue which you 10 try. In
the discharge Of this most solemn Office standing you
de- between the living and the dead charged with the
duty Of msiNtaning involte the Law q the land aud
Of pTefsfyirg uEimphired The TZhts Of the prisoner
you are entitled TO- ane y the duty Of the court 20
AFFORD 7ou any assistance ~ TO the legal character
OF the crime the evidence necessary TO support ana
the lerl principles which your invcsty
be condactcd. With deep, aud trust adequate
oitht respensbiity which rests on me, proceed TO dis
charge ;he duty assigned to by the ar. To support
the usus, IL Is incumbent the part 60 the state to
tstsfy you. First, That tse death Of Drum resulted
fom iLs 40, of the prisoner secone That the act was
done with malice and forVthought The evidesce in
,uEpeit q the act Of homilde Is simply thus (suies
homicide DO net indeed seem 70 be seriously quss.
tiortd or denied. Tniriy, Was the homicide CON.
kina of person In the p,ace Of the State h 70 be
rteiunsd TO be with malice snd forethOcght IN the
etseroe 81 circumstances for Justification paat0n
When, iaerefore human being killed BY violence the
law presumss II was done with mauce, and that the
Law upyes the proof of the existence Of malice The
crime then. charged In the Indictment is sucientyes-
"a La.o b. the evidence on the part of tss Stats yos
bleve the Nj and the gait of he prisoner Ia
esabshsd unless TIE facts shown the part Of tae
defence mitigate The magnitude Of the crime cntirsy
rshsFts the rrisorer IN m legal responsibility. rhe
trifcpsr rests he's defence 20 this charge on the
plea Uf insary. Is coBteneed that she was no langer
or at the time cfthe commission of this crime agauy
responsible for her bcts; that this honicide
vac rot an ret OF her free ,siiL but ono over
which, BY reascn OF her deceased mind and dorderei
iyellsct she had cnnt.ol Tfth plea b. found true
u s valid In law, and the prscaer IL euttlc 10 your
verdict OF aeqttAl Tbs plea o. nsaulty has been
C.en reortec 20 as shield ter crime that has bewun
70 he regerde With perheie ane suspcior No d.
ience says eminent legal wrLsr IA q trial fr
murder hs1 been more frequsaiy, CT more successfully
tee obi clatc years, In AInstican that OF
intHDity That the crcuanat prod scsf ani admit
ted In evidence ia ret cOvatitusa any legN
around ef dcisnce 20 tbe ipilc the mt but were
cslculssd TO isiso the prsunptn OF insanity ia tue
mid q the ptiss-er Tbs only dfense q ths prisoner
" mirststy-this "a the only legal erouni-the only
poun5 On vhica the verdict of snqrtta 10 thts case
las ften or can Ia nsks3 tor What - iuaarty' ras
haf1sd JUcge then cifd hrvcra autsoritias 90 the
dtfhhlon 81 uHsanity. spd after reviewing oil the evi
az lcv' m Gaze. you believe She u9 tue
risthei tn9 considstg u In staiion the pea tnu
c.nrlud'd AS sddtseI rcpest, tbcrflre, gsotie nc
shat marEsfct taFnly was The night e thc fth oi
hpBuft when he Eluuk TIA bow Ia qucticl, ilssrf
She o. nat auFJ. 20 iDARe ! mean ~ % De le.H y
rretpClbbip Ser hey ecN Your verdict IN thsi ct's
WI ~ ruitiy fV al II, on the