The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-14

long and the teeth projected considerably from
her upper lip exposed her gums thus giving her very
droll and comicsl appearance Cstharine was put on
the stand to testify to the mode Of living and chArao
ter Of Mr. Collins and his family. Catherine came |
laughing the stand and evidently much confused
Counsel for defcnce-whst IL your name
witness-Catharine McCondeIl. and don't You know |
IL for what do you ask me and then she laughed out
loud causing ali in court TO laugh at her comca con-
duct.
Attorney General did not hear her What is
your name, Catherine
You get it into thick heads (Laughter)
in which Cath arine Joined most heartily.
Court-Catharine, tell your name.
wtness-Wen. Intel it again, and if I have to do it
again, III 20 down and beat it into your heads. This
time she told her name audible.
Questionliow has Mr. Collins been living have they
been in good circumstances. are they poor
Wnsss-wen, they lived poor and sober. (Laushter)
Q-Were they not sometimes very short Of provisions
and scarcely to eat!
Wtness-Nothing to eat did you say I, And sure they
wouldn't be here if they had nothing TO (aughter
The witness. as usual laughing louder than any
Attorney General-There, Catharine, you go.
give you more (Taughter.) Attorney General-No;
think have had enough Kitty then hurried out Of
court IL was believed that she had empty bottle in
her pocket
At the conclusion Of the evidence both sides
Messrs. sherman and updke counsel assigned by the
Court for the defence addressed the jury Mr. sherman
opened, and Mr.. Updike closed the argument. They
contended and with puch zeal and ability, that the
proof had been sufficiently established IN order 10 in
voye their clentthe identity OF kanouse and Cole.
set forth visiting the house Of Collins the Saturday
the any credit being placed in the witnesses who
had acknowledged themselves TO have falsely at
the trial OF kanouse in August last, and now swear
directly in contradiction. The learned counsel Mr.
Updke concluded his ingenious by calling
the jury to acquit the prisoner the doubt in his
opinion was in favor Of the accused.
Mr. Blake, the Attorney General addressed the jury
the part Of the State commencing with the witnesses in
rotation taking the substance their evidence and ex
planning with much ability the jury the points and
circumstances Of the which, said the learned
tleman such circumstances disconnected would amount
IN hltV han ink sbatn In
Of the strongest kinds Of reliable testimony. The
gentleman then in substance the whole Of
the evidence produced making one of the abest and
most convincing arguments the reliability of the tcs
timony given the part Of the state thereby exhibit
The argument during its delivery, in many parts
truly eloquent and powerful. The Chief Justice then
charged the jury a follows
CHIEF JUSTICE GREENS CHARGE TO THE JURY
Gentlemen Of the Jury-In the indictment in this
Collins, the prisoner at the bar is charged with the
breaking and entering the Phoenix Bank, Westerly.
the 18th Of December, 1879 stealing thcrefrom
S15444 and upwards The charge against the defend
ant gentlemen set forth two counts in the one he
is charged principal and in the other charged
having been accessory before the fact in having aided
and advised TO the preparation Of the crime; and
gentlemen, If from the evidence which has been placed
before you, although in complicated form and almost
wholly circums.antial, yet fyou should in either count,
able doubt in your minds, then. gentlemen, it viii be
your duty to say so by your verdict Now, before al
Jude more fully 20 the testimony. will advert briefly to
remarks made by the counsel tor the defence The
counsel have heard the part OF the prisoner
men, have nothing at all to do with sympathy YOU are
here to administer juscethe law has sympathy If
to be guided by feelings Of sympathy the spirit Of
the law will be useless 1t is your sympathy look
the evidence itself and if Of character gentlemen
satisfy your minds beyond reasonable doubt whether
for against the prisoner, IL IL your duty in
dance with your oaths. TO render verdict that shall
comply with the facts in the The law gentlemen,
regards not persons-whether rich poor high low
all amenabe to your judgment. Counsel employ.
ed to get their clients free, by all fair and Legitimate
means but 1t your duty that no appeal Of SYM
be ntm
tration Of justice. IL has been counsel
for defence that powerful have been used by
agents Of the bank procure the conviction par
ties accused but for my part DO not know Of any
fair having been taken the prose-
cution in this other The duty Of the public
always arduous duty the
offenders justice The remark have been BY the
defence have doubt in good faith in their
wards their client and am free to say the counsel have
performed their duty both sides. Again gentlemen
when man j. accused Of crime, the burden
ON the part OF the people 10 prove him gull
~; and that guilt Is to be proven in law. be-
yond reasonable doubt. Gentlemen you have
been told that you cannot ind verdict without your
minds convinced beyond possibility Of doubt 1t
j. not for that the laws would avail but
little. 1t has been said tho evidence i merely crcum
stantial Well eircuustantial evidence Is most re-
liable in many eases. For instance. twelve men. Of
uninpeached reputation might swear positively thar
they John Collins enter that bank yet ali CON-
NIT perjury; when chain Of circumstances linked to-
pcthtr would form a case whereby \ inrv eenl for,, .
correct opinion and render verdict beyond reasonable
doubt still gentlemen, after all. IL you 10 say
whether the evidence sdduced and circumstances linked
that viii enable you to form opinion whereby you
will feel yourselves doing justice the accused as well
70 the people Of the state. In this gentlemen Of
the jury the prisoner l. surrounded ny train Of circum
stances Now this j. called evidence and
the rule Of Law IN such Involves you weigh the
test ncny on both sides and eDdcsyoT from al the facts
in the to form Judgment. and say on whom does
The testimony fasen the guilt. IL has been shown
you. gentlemen. ny many respectable witnesses that
Cole and .kanouse came 20 stonington on saturday.
18Th q Dec mber by way q the Lons Island railroad
train. 10 Gre. port and from Greenport t. LONDON
he tTTr,lay
night in quesen and were taken into private room
The rext day. sunday Cole wa seen al the window
The evidence # Watson also shows that q machine was
made BY him for Cole. also. chis. purcha-e; Cole
and hanoue werc seen On the road coming from the d
recion q the bank by Gen. Burhngame TN the morn.
ing the robbery discovered they seen by seve-
raj unmpeaehed witnesses to return New YORK by the
same way. Now gentlemen. do you believe these wit
nesse, Il possible that many di-interested Wit
ncsscs can possibly be mistaken 1t i Of ien-
n,ntlemen what did Cole aud kanousc to Rhode
Island or stonnetgn for'-for what purpose' Why
did they 80 70 the house Of collins Does Col.
ms ~ they give any explanation on that point
Mis- Cheesbeorough you have had before you and heard
her testify Can you believe her you say he l.
Mistaken No he u corrotorateI IS other Witnesses
who swear that Cole and Kanou. we're brought on that
Saturday evening . the vicinity 4 th. house Cons
Gentlemen, from the evidence. the prs sumption that
Cole and kanouse robbed tie bank Now i Collins one
q the joint partners In the crime Again. gentlemen
the conduct ~ Collins in speakinv ~ ms mater A
innocent man generally court. inquiry when suspected
q crime. Truth J. law and mighty. collins when ak.
ed Cole and hanuuse had t-sn a. his house on the
10Th and 10th Decemtr. denied H. and denied anv
acquaintance with them. The wtne-s wiiiams II Won
believe him states thai Collins desirous he should
Iersonais kanouse and that il h. that called
on that occasion. This witness i 70 BE believed a. he 4
corrotofat.d The hr-t letter yod by Collins
the fteoud enc however. preserved and produced
here before you Gentlemen II the jury conf ions arr
always looked sPcn NJ Suspicious. especially when
related ~ second party, implcating the prisoner
Tor instance. when such confessions t. TAILOR
or sherh from whom the prisoner may expect some i'm.
muniiy The rule. however. viii not apply converse
lions such a. took place with Collin. aud Watson No
inducements held out by Watson h.refre the rule
dfts not arly IN this T. Watson t. b. believed
~ Tor you gentlemen 81 the jury q ssy l. Watson
worthy q credit tolins's CCnyer.nton to "A sup.
pssd friend not Ike confession made h. an officer 81
the law. Watson could not give any immunity and
therore The oonVersations b. legally brought into
cci.id' ration Wei then. gentlemen II sou should 81
DEL befatie = Ind that hanOUsc and cole penetrated tic
crime ami COLLINS the prisoner AZ the bar va concerned
then say - ~ your verdet and II "a the other hand
a. 20 TIE circustances mistake arises about the lion