The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-30
Court or Oyer and Terminer.
re Chief Justice Edmonds, and Aid Griffin and Dodge

dsyit may have been later he remained there about
ha an hour no did not get anything to drink mo
ne appeared 70 have some liquor in him; he wanted "a
get work from me- did observe that his eyes were
blackencd
Abraham Morrison deposed that he knew the prison
er; saw him last the 18th March his (wtness's i
house in Division street II between and 10 oclo,
IN the evening when he came in ani remained about
ten min utcS
The District Attorney wished to know the purport
this testimony counsel for the prisoner had no
opened his case for an gi6t
Mr Dustin said fthey proved the witnesses f,- th
prosecution wrong 70 the hour they might b. pre-
sumed 70 be wrong IN other particulars.
Witness to the Judge-it would not take more thar
FIVE minutes to walk from my place IN Division street Il
whore this transaction occurred in Centre street
y was admitted that sh5emakers generally carry theiI
knives about them
Michael Clark nls6 eposed that the prisoner was at hi;
use IN Division street the night Of the 18th March
ana left Il about haliIast nine O'Clock he asked for
drink. but thought he had had enough he asked me
for work, and told him | would give him work. il he
came down oler did not notice any mark on his face
John Reley gave similar testimony
Dr. ouackenboss Geposcd--I am in practice as a phy-
scian and surgeon nearly thirteen years; have been
attached TO the hospital here, have been three years
abroad among the hospitals in Europe; was under Sir
Ashley Cooper In London and Professor valpcau in Paris
have seen delfi,na beaels perhaps frequently
than any other disease generally at the City Hos
plta every day, saw Michael Casey there examined
his wounds he suffering especially, under attack
OF deitun er II increased daily up 10 the day Of his
decease and II violent the dag his death
than i had been previously he was not broush! ia
for det,fun t'ey7s but for wounds when tho wounds
were dressed he was treated for the deria ,r-wens
Q-What in your opinion, was the cause OF Michael
Casey's death
Ain my opinion he died Of deliri,ru ,rsaens
To the Judge ala not make the post ,a0rew cxami-
nation was not present ut it,
Examination continued-From the appearance Of the
man he had been hard drinker, AMI deirian r,aers
may have set in without any oth causes; it not
necessarily follow that death should from deriu,s
trenS though does generally happen Casey appeared
to be man Of very incorporate habits; in my opinion
he died Of dsl,siu1a hemsns.
Judge-Which is the best judge OF that you or DR.
Lent, who made the post morton examination?
Wtnese-Post no'tem appearances are sometimes d.
cepve do not wish to be egotistical but certainly 10
not consider myself inferior TO Dr. Lent; would not
yield my opinion to that Of junior in the profssion
when the membrane Is largely fniamed Il generally
proves fatal when II Ia less have hopes epilepsy
frequently induces insanity.
To the Judge--The Inflammation, in IL is case was
caused by the stab
MIR. Blunt described the wound as testified to by Dr.
Lent and asked DR.. Quackcnboss If it wa, not daa-
gerous wound, even TO healthy person. and he ao-
swered that every wound in the abdomen or
Lees dangerous
Judge-We want to know whether the man owed his
death in any way, to that wound
Doctor Quackenbossi had ts share in it, the direct
cause Of dcath delirum tem, the indirect cause
was the wound; this wound had its bearing upon IL.
Hiur trcmens, and deifiun temens the ina
cause, would say the wound the remote cause: If
he died tho instant, would say the wound was the
cause oi DEATH nave seen persons recover from
we're wound.
William Eomonds keeper Of the City Prison deposed
that he Wsl after he brought the prison.
his face considerably bruised; had him confined
there very frequently as 2 drunken man
Doctor Guril1y depOsed that he heard the testimony
Of Dr. Quackcnboss IL the appearances described by him
be true, should suppose the complication to be the
cause Of death would not Ike to say what was the i'm
mediate cause Of death did not the body. the
deiina i,cses, left rntrcatcd would certainly
his death.
10 tho Judge-The wound described ifleft alone un.
treated would be sufficient TO death.
The defence here closed and the District Attorney
fed the counsel prisoner to several authorities on
which he should depend and amongst them "whar
toms criminal Law "peans Medical Jurisprudsn nee
and "Chittys Medical Juriprudcncc in which it is laid
crime.
Mr Clinton then to sum up for the defence and
said that he convinced he should be able show
jury that this was not case IN which they should
either oonsisn the prisoner to death or Imprisonment
At the conclusion OF Mr. Clnlon's address the court
took recess for hail an hour.
AFTERNOON SESSION.
On the assembling OF the court tho District Attor.
ncy summed up behalf Of the people confning hn.
The dvcsted of mysticism. was, he submitted re.
duccd "a three questions upon which the jury were %
pass. firt bid the prisoner stab Michael Casey and
Of that there i no doubt Secondly Did he slab hia
with the intent oftakng life! And thirdly Dil lllat
stsbbing produce accelerate the death II Michael
Casey The learned gentleman then referred TO the
medical testimony and contendea that II idle pre-
sumo that because the deceased affected with DELI
nun tregens that be died that discasc; his dca.h
prisoner was idie he said to that the wsuai
vas not the immediate rmote q the death
deceased; Nas eer and he The District Attorney. all
20, srs Witch ~ Mr. nens thsa alluded = IN ntemrerise
excuse ier crime but for which he Wa responsible For III
that drove from him. rather tan that tie cr.
ss'A wtr n ss sh" % & GsA SSsR % 70 ,snP
children 81 father protection agd one u then lost s W
:" therefore S iS's morally % sS Of Sa' tss dsa sata
~ that .hud ly tAe law o. ths country druskennes
With Witch he stands charsel. The DatFot Attorney Goa
neo he came ato te oaee which Wa entrusted d. h1
~, ~ ", n ssysn men M ha's se.a tr.l A. o..
tho eglh viii le afragaed tor similar offence Pour Of
been be duty also utins o0cer within that brief
period to send four tie state prison for stabas
With hne with intent tili Spch state of thnts
should not he allowed q exist In commury .rrens -
snd b,hooveG the Jury ia Tie atun II the vos oi
' fellow men AID ~ t6eir protse ga frg de-rer,dees
go ~ Him alone who craned ito that ths i,s l.
di,sted Ie te Distigt Attorney fidpp. moan that h5
Jury should ho udutuci tsr verdict 10 the present CASE
~ a. those srgss b ad snle! - sas q W. necessary
made who're the crime Proved leyond doubt. e had
iethe Would not sraR ',a Ii. duty sad III y aLa s
that tie Jury wgala DO arm cst anl Impartial tAe psr
nc JgSSe sa preceded 70 eharg. u. iury. Ia the
lay ~ % narrow acempas and w aud The prin-
g s y esys s is,a ~ * I, y & gpn IN 's "
tie aurton which they Lad 70 rsss uponthe question 0f
Cssj ~. % Ss. c%s % s1 ,' " ,iessco s, tS sas
that tle 1lor VS. at dty nc ptencr theret doubt.
the s9w tie jury come e tie eoneu.iaa that h IN
not intendt Nil thtn u Is not murder but nansisustrr
Ihs a,ss,ens ih,n are VIA. va. te quality % the act
ireasts through witch se d.coy the motives of hr
- " " nv thNtr acts alone
CONCLUSION ~ " thernteBHs and their motives lfattha
moment TIE blow struck the prisoner intended take
he eauugh u constitute the crime ~ sni tro
his conduct AZ the time aud after the stabinH the
look 70 what bis motives The part body whsr.
The wound wasnnlcte and the fscts o his waiting
me lytore he struck tho blow and that he placed himself
near the door through which Casey should pass oroum
ancs from which tho must infer whether he ntends
o. take m Against th several considerations have
preaen led hy The prisoners corhsl Amongst them
tntoNtcstion " the unless tile
aed that he into xcated such that ne IA,
not tie paver q bis q know wha, he dong
= accountability his acta The law tavs, intcxcaau az
Erayates instead ~ feNenuateH crime, aud
considered irresponsible except that ntocatun carried
- Tar ~ to render Him incapable 0f knowing What he
about 81 the time In ~ tho medical
the Judge said that he understood H. the witnesses All
agree that the wound the remote cause
the death ~ the deceased and therefore, though tie an
died - derGm frecas was the wound caused that
case and The person inaictng Y i liable for the
quenrcs For Instance, vi person gives blow
~ an advanced state ~ pregnancy and that the
blow u that ht mcarries and The iscarrare
DEATH the blow the of the and t
son fc,ing irresponsible for the
woman nndor dArcbt creuancss the blow would
teen dangeross Agsn, man iafcts blow upon child
winch proves iata though 10 of mature "
w"Hd have no effect he - responsible for The death that
chid MS must he go or all who diseased
or hc would lie thrown