New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-13


| her grief visits Mrs. Clark, with whom she had
| ived, but she saw nothing singular IN her appear
ance she returns 10 Mrs fuckers performed her
usual duties, and told Mrs 7 II she saw Dunn that
night she would stab him. She goes out and calls
on her friends, and he submitted, that upon her
leaving that afternoon. she went out IN the posses
| sion OF her facutes-not OF all her faculties ner
| haps but she was sane. That she went alone was
not singular had she told her friends OF her nten-
ton. 1t would have defeated her object She wen, 10
! the house where he had met company. and AZ 10
o'clock, when he and has wife le the house she fol-
lowed. and nerceptng HIM al or near the corner Of
Washington and New.sts., stabbed and killed him.
The Attorney reviewed the history of her conduct up
10 her spending the Tuesday and Wednesday IN
Brooklyn, and insisted that m all these proceedings
she exhibited no signs OF beng insane. He argued
from the subsequent conversation OF the pris-
Oner, that she could not have been insane at the
time.
And now, Gentlemen of the Jury, submit the ease
To YOU thank you tor your attention during the
long progress of this trial. thank the counsel for
the cefense for the Kind and courteous manner IN
which they have treated me. now submit the pris-
oner and her cause 10 your mercifu consideration.
and may the blessed sun that shall illuminate the
Sabbath OF the morrow, also illumne all our hearts
with the consciousness that We have done our duty.
On taking his seat the gentleman was evidently
much overcome by the conflict between his duty and
strong sympathy With the prisoner lie covered
his face and wept audbiy.
CHARGE OF THE CHIEF JUsTIE.
This occupied hour and halt IN the reading.
and was delivered with great eanestness. IL was
considered TO be very much against the prisoner and
was evidently not in keeping with the sympathies
of the auditory. We can give only someof the
principal points
MARGARET lGARRITY the prisoner at the bar,
stands charged BY the Grand Jury of the Grand In
quest OF this County, with the crime Of murder The
indictment charges in subsiance--he here read the
indicimentl To this charge the defendant plead
ed not guilty, and has put herself upon a Jury of
hpF "A he
be guilty 81 not guilty aS she stands charged IN the
Indictment, j. the issue which YOU sworn 10 try.
In the discharge of this mos, solemn Office, standing
as YOU 90 between the living and the dead, charged
With The duty OF maintaining inylOiate the Laws Of
tie lard and of preserving uniinpafcd the rights of
the prisoner YOU ave eutied to- and Il Is the duty of
the Court 10 afford YOU any assistance to the legal
character Of the crime, the evidence necessary 10
support, and legal principles on which Your nyesti-
gator are 30 be conducted. With deep and trust
adequate sense of the responsibility which rests upon
me- proceed to discharge the duty assigned to me
BY the law.
TO support the issue 1t is incumbent on the part
q The State TO satisfy YOU.
First That the death OF Drum resulted from the
act OF the prisoner.
Second That the act was done with malice aud
forethought. The evidence m support of the act of
homicide Is simply this lie here ctcd the facts
given on the trall The facts of the homicide do
not indeed seem TO be seriously questioned OF de-
med
T1,rd Was the homicide committed with malice
ard foTethoueht EyeryintentiOna killing ~ per-
N.
be with malice and iorethought. IN The absence OF
evidence for justification OF paliaon. When, there
fore. human being Is kIed oy violence the law
pTesun 1t was done by malice, and that the crime
committed murder. The presumption OF tRe
law supplies the proof of the existence OF malice.
he cnme, then, charged IN the indictment Is sufii
cently established by the evidence the part OF the
5 ate # you believe the Witnesses and the guilt Of
Tie prisoner established, unless the facts shown ON
the pant OF the defense mtgateS the magnitude Of
the crime or entirely relieves the prisoner from legal
accountability.
The prisoner rests her plea for defense in this
charge, upon the plea Of insanity. IL is contended
she 10 longer after the commission of this crime,
legally respos sble Dor her acts that this homicide
not an act of her free Will, but one over which,
by reason OF her diseased mind and disordered intel
iect she had no control II tins plea be- found true,
II is valid IN law, ane the prlsOnet Is entitled TO your
verdict OF acqutal This plea OF insanity has been
so often resoItod "A shield crime, that II has
begun 10 be regarded with perhaps undue suspicion.
" No defense" says an eminent legal writer, has, IN
cases Of uIal for murder, been more frequently or
more successfully relied on Of late years IN Amen.
can Counts than that o, insanity The Chief Justice
here alluded 10 the heartleSs cruelty of Drum to-
ward Tie prisoner and SAID, that the crcuInsisn ces
prcduc M evidence admitted did not constitute any
legal ground OF defense TO the indictment, but were
intended 10 raise the presumption OF insanity IN the
mind OF the prisoner thus laying the ground OF de-
that at the time OF the commission OF the crime,
actual insanity existed IN her mind.
Ifeel It my duty, gentlemen, to state to you most
Solemny that these facts, admitting them all To have
been fully proved in all their atrocity ought not, and
d..
your duties, weigh one feather IN the scale In testing
the legal guilt or innocence OF this defendant In a
government OF law, no man and no woman can with
safety be permitted To become the ayenger OF their
own wrongs Let this idea be admitted, and we
cease to be government Of law. In every com
munity and society, either law force must prevail.
II force prevails the law ceases you proclaim the
govern ment OF force, and the that have been
enacted in San Francisco might soon be enacted on
the squares OF Newark.
After cautlonng the jury against being swayed In
th.frf r,lo taufn do on ht n
he remarked Ii Is IN evidence that the prisoner
had been, at the time the crime was committed tho
subject OF honorable attention from the deceased.
that they engaged, at least that she expect
I'd TO be married to him. and was then cast OFF and
abandoned, under circumstances OF great hardship
and cruelty. The wrongs OF the prisoner cannot
form, in he eye Of the law any Justification OF her
crime YOU must not regard II, and IL can only be
necessary to warn you OF the danger 80 that sym
patty with the misfortunes Of the prisoner do not
warp your Jupgment IN deciding upon her guilt or
innocence
But, gentlemen, appeals eloquent, earnest and
powerful have been made to the mercy and humans
" of the Jury hazard no presumption IN assuin-
iDg that the Jury sincerely and earnestly desire the
acquittal Of the prisoner II IT can be done consist
emily With the rules OF law, and the clear discharge
OF duty IL would be gross dspersion 10 THINK y0a
could possess a different feeling. You may have en-
tertaiIed and declared the opinion that the prisoner
should not be conyIcted-shOuld not be punished.
These opinions 90 not affect your character as jurors
But 1t has eeen often said that jurors IN cflminM
cases might indulge their sympatbieS-that they are
the Judges OF the law and the fact-that there q
sovereign omnlpotence IN the jurybox which may
oyeuiee all the laws Of the land, feel II my
duty, TO my voice and protest tsald with great
emphasis against the indulgence Of such sentiment
IL Is surely great mistake TO mink that this crime
has been committed by the prisoneT-that the facts
consprng TO urge her to It's commission should entl-
lie her 70 he relieved from punishment. The Court
and lury neither make the Law, nor may they remit
the sentence. They cannot remit u, nor can they
pardon. What, gentlemen, woul ID be saldby you, on
by THIS community If an appeal was made 70 your
sherif, as a man Of humanity, as a humane
oy A..a-ht aIted man, 10 permit this oppressed
and .n;:y woman to escape What does the
Iaw saw Her life shall answer for his life
since he ~ simply the executloneT OF the law.
II this Court should say they t!sliked your
verdict, and that they thought this poor woman was
entitled to Their sympathy and their humane consld-
Grafton, and refuse to pass sentevee an outraged
q no fourt n VI