New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-13
TRIAL FOR MURDER.
Trial or Laurence Reilly for che Murder OF his
Wife, Anne Reilly. and his Mother in-law.
Mary Golding, in June last, at Williams
burgh.
Of the Prisoner.

Ing Mr.. Dlkeman, of counsel for defense, read the
deposition Of Mr.. Samuel l. Hobbs, taken before
Justice Boswell, at WILLIAMSBURG, on the prelmi-
nary examination Of the prisoner, by which 1t APP
pears that be became acquainted with Anne Reilly
while engaged in painting her fathers house in May
or the beginning of June. 1851. He afterward WIS.,
tied the house but never had any Illicit intercourse
with Anne Was not aware at that time, and did
not ascertain until after her death that she had been
married to the prisoner. Had always heard her
called Anne Golding neither did he know Reillys
name until after the murder. Witness had spoken
to prisoner during his visits there, who always
seemed friendly towards him and never had any diff.
hculty with him at any time Mr.. Dikeman then
proceeded 10 address the Jury on behalf OF the
prisoner. he referred TO the fact that himself and
associate had been assigned as counsel for the pris
oner Dy the Court, and he could have no motive for
perveftlng the law in the case, and that nothing
could induce a conviction In his mind or desire
tn e law IN relation to the prisoner should be per-
yer cd for the purpose OF acquIta Counsel asked
not that the Jury should be swayed by any unre isoa
able sympathy, but he would ask them, as he ap-
preached them with some remarks on the testimony
and the law in the case, to look upon his trial. and
he should contepd more at large than az present
state the PRINCIPLES. lie would contend that in de-
termnng the sanity or insanity of the mind OF any nv
dual that vast difference must be made between their
attanments and the opportunities they have
had srouns that stability that marks the Judge the
gard should be had to the capacity OF he lnteec oil one
other and the to resist by that intellect the
influence that would tsu IN producing total or partial Iu
sanity We know from daily observation that the CIR
CumsanCes that may dYe one man TO madness frenzy,
dslIriun and make him nrmed lunatlc. ght ltrals
pre hdreC Of others around us without affecting them
at all IL this that he would ask them sdsr
regard this Individual hanging his hands, who,
to the WORDS OF Dr. bacon IS totally terste. unable
either read write Tbey 20 apply 90 the rules
ard the evidence regard TO The state of the mini ~ such
this. IN the lower walks Of lfe only possessed
Of sufficient To pass 10 and rem his daily labor We
all know these oisilnctors Cid exist IN hamln society,
would be t. shOw that
would dr7e mao the philosopher the deeply read scholar
enough have such eject on mind so uncutvs,ed as
that Of the incNdus before them and the state Of
were TO ge Of Not to be further tedious ths point,
he would pass the statutory definition o murder. raer
argument woulC cenfne itself barely 10 two points rst
AZ 10 the capacity the defendant to commit oense at
all which wouj entte him n an acqutal entirely; orn
they should not be satisfied that that point established
then thsttbe ccuu stances do cot amount 10 out
mensaugbteT either IN the first or IN the iOuh degree
This avOwa might appear strange but the attempt 10 de-
fine the various degrees by sta took us out OF the clear
rule Of the common law II was useless for him 10 60 into
the evidence until they had the law on the subject and
that they might have that counsel proceeded read from
The I'd vol s. 7i6 contendng that If fell within any
degree Of msnslaushter.i should not be murder.
Having laid the law before them. he proceeded 10 the
hand. They had before them the prisoners own
and their common sense would tell them so; and II
with the breath he admits that he did premeiate
and that the design to ally aud entirely abandon d.
they msst equally believe both Statements given m all
ca,doTthat he had entirely abandoned and sVenit up
be ID took Il
ole mean to call their attention to the TACT that the tes
tnOny coming from the lips OF the defendant Is to he
lied on for the purpose OF proving the pIomedaed de-
1t not abandoned lie knew they would take the
them si further that the shortness Of the time between
the original formation % the design and IT'S execution pro
hblied the design beng abandoned II Il came t. this
be a day, or week, or hall iietime The evidence
showed with equal strength that he had abandoned it,
lie then put suppositous case-supposng that the &c
it possible that degraded and fallen humanity was so far
Dc graded that they could he stricken with moral nnrmy
the July should be satisfied that the prisoner of sound
mind week before or day before or an hour before:
they must be satisfied that he was of SQUAD memory snd
discretion at the time of committing the act lie would
thon take brief review OF the testimony Ihe aci itse
bore upon ITS face the strongest evidence OF the absence OF
- IL 5s-Ssr ;sSsS iis then went through
the facts fully set out in the evidence above re lunng
sound memory or discretion The only egdsnce they had
wasthst of erate witnesses who stated he had acted
strangely not having the command OF 9her iansuaseto
convey to the Jury the impression made on their own
nds The best that Of Reiy SISTER and ihere had
been attempt to mpeach her ana she hid aIed tns
reason why Mrs GoldLg would not permit her daughter
TO lie with hin-becsuse he was crazy man Counsel
then reviewed her evidence very infinitely aud concluded
begging them weigh ever clrcumsanc, OF tse case
giving the prisoner the benefit of any doust = A..
The District Attorney summed up on the PatI OF I'e
prosecution conendng that from the outset there ~a no
substantial deue a ALL and the defense nad Dc 90 iSsd
10 adopt sort Of sliding scale OF pncluns
there was no motive all, and then gong INTO crcum
stances that would show one 60 that Il one arg lmsn
led would come 10 their ad Ia tue nope tna
by raising many the jury might he confused anu
supposng there so ny grounds OF defense icy me
pfs ner go quit Of his crime tie would then take these
various cases one bv First to anaaushter He
would show them that Il dad not come with the dehalton
of laughter a. all IL was murder, and nothing else
He then read statute the subject, showing was
murder under than one subdivision inca as the
suggestion that he had abandoned ths dessn lney
sh6nd consider that criminals always do hesa'e but IN
this cas- retains the instru nen about n ana on ,ne
ionwbch was no preVocatioa Ia iaw-hs seu ~
on the nducement TO execute previously formed design
II very strange actions from which they ehdeavea 70
argue INSANITY all perfectly consistent ~h te oe
of his having such design IN his mind Ia ms
the crime abundaniy proved under the Ia" H b e
land and under their solemn oaths they could render o
yerdct He conceived tha the best interests OF soc'
~ cal ed for the rendition Of that verdict aud to allow any
ss, sympathy sway them, having regard 70 lne oVhss
Vas An infrmty would no. expect At the hands
Of men Of strong minds The protection oi % . sna
As for the very taking OF these precious human lives
that the prisoner MAS INDICTED 49,, L-x. g. m. rr,v.
Jndge Barculo then delivered his charge 70 we Jufy
Nc the case was now TO be submitted othe jury Inc
Importance of tIia By jury was psyeI more Iiy lip
=. nt on trial tIll al er twelve Impartial, sm'er-
e.ied Non have found Indictment agans nm ROT can
,innaI he punished until twelve other sntefeed men
az ~ The Jury ands between the pnblc and tho
prsnrer 20 yindicatc the law II II mas eeeh a ~
'le 10 20 unpublished, offenders Ill null
niv and re, &c passions Will become more uhpucu
b3ert moi only prevents the Criminal rom repeon ol
hut acts as saiuaTy warning to Other. Every
cor munty has code OF crlhno laws "hoh PIo
s 80 the punishment of all criminals We are Row
uSG a., IN 20 nete out the prisoner the pu Shment
S ~ eense deserves and WI ch the law demands II
IL .. must punish nun II not gulV a01ui' nun -
~ ~ ac1uai would be more agreeable 70 your iesI
sn in view your great responsibility and you! os.hs
inss 49, vow viii shrink from your duty however
a. ~, - NAV be The statute on the subject IL e1-
Fi1cit and comprehensive. and there are NO clrcuih
urder which hsman life can he taken away WIN
n, coming under Of It's provisions TEe Court tnen
snt N 10 AZ planatlon OF the various aesiees Vi
fom ilIful murder Justihable homicide ana coa-
=, .d that the broad distinction between maaSisggn.sI
VA ~nrer is tie plemedated design IN the case OF muI
slu - there be premedtaed desisn
oT there be 1t will then be murder II Is hardly nee
10 saw that II this prisoner guilty OF any Orense nc
sanity Of murder for would be prepOsterous 70 sup
nose that the case tails within any CT tee ro's ohs VI
There evidently inteht IN ths cAse
20 take life ard intent must be determined oy
The prisoner sane man a. the time OF tne ,n
NJ he act I: he zane the presumption tsa' ~
tended 10 take life and the crn Is oae OF MURDER II n
insane he is not responsible for his ac1s ana
70 nrshn,en, In order 20 convict you mus be sure o.
w factsrst that the prisoner kll the person iaa
IN The dictment and soeOLdy, that the @cs as pte,
iaied On the first point the eyidence Is 50 ,n0lu-
sIye that It Is conceded on ootn saes IA Ia ,9 a
tbe assn of June LAST the prisoner ZOOS the NO
Of Ms COOLING while the second pont as cuunssi as