New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-06
TRIAL FOR MURDER.
Trial Of Henry Cnrnnl, Indicted Tor the VA
der of Chas. N. ROsseRu.-lCoN
COURT OF OYER TERMINER-
1900 Ala Erapklin and Del

Before Judge Edmonds and AID Franklin and Delams'e'
WEDNESDAY, March Son the opening
~ the Court Messrs Dustan and Clinton, Counsel for pm
souer said they had testimony 10 Offer They asked TOT
leave to read the deposition ION summing up oeiore te
Coroner which was granted. The District Attorney said
be would call Nj Andrews, spoken OF yesterday
Charles r. Aadre,rs sworn-Reside at A. Dey at about
O'Clock on the morning Of the murder some persons
Il, the area; went previous my office and coored man
told me Of what had been going on during the night ne
said the officers were round in search Of some one told
him 10 look out while went and observed an area soon
saw the head and shoulders Of man walking up ana down
tbe end OF The area his covered with blood my men
came TO work and told them 10 see ~ dld nor escape
and went Station House, ohcefs reIqrned WIN me-
and tod one OF the officers 10 go round 10 tho GreenWch
Al side 10 that he did not escape ha way ana men "o1
win others my shop told my colorel man 70 Re. tn9
The man what he doiug there he s%ered me twice
10 questions, but could not understand n'm-'le closing
words " ere said by German there, TO mean be Was cold
placed The ladder, and he came up healthy nAn cOud
pet out OF area but with broken arm and deoate
suppose he could noli hee we're mars OF opO' Oh We
buto Of lie ares as ii he person had beed hun IN me
fall aid lay FOR time; there were marks OF boodn
different places The prints Of hands IN 10 get over
The fences 10 No 81 appear 10 have ailen dow tue
end Of lie area Greenwchst The blood on his 4ce
appeared TO come from me Wouno on MS heaoi II ue gu
have got out OF tue end nearest Broadway where tho
marks Of bis the fence &c showed he Ied 10 ger
over he would havehsd 10 go through house ID the street
had he got over the the END Oi next 10 Green
ichs he would have been 10 the rear Of some new oud
ngs through which he ght have escaped ne could not
have got into the yard Of my house, from the alley except
through my shop he got from The area to and through
Tie TESTIMONY here closed and M Blunt District At
toTney stated he law murder which IL, killing ha-
man being with premedtsted design 10 take NE or "hea
perpeusted by person engaged IN felony, &c. ,
Nj Clinton then commenced summing up he sts1ed
tbst having onv come int the case three days
since when he was assigned by the Court he had had oI
little opportunity confer with the prisoner or win MS
sssocs ~ couu,el iMr Duson WHO was assigned
OF the counsel for prisoner two or three months since
and he would not he able to do that Jusuce 10 inc
case which il deserved He could only Judge Of the case
he d. n
by that testimony that the prisoner was not guilty as
Charged Of wilully maciOnsy taking he life Of de-
ceased
Mr. Clinton occupied upward OF two hours ia the sum-
ming up for defense Hs principal theories we're Insanity,
ard that the act done In seltdeense:
A recess was then taken AFTER which Mr. Blunt District
Attorney summed Hp for the prosecution and insisted nal
lie charge of murder had been fully made out
Judge Edmonds IN his charge, alluded to EhaL Is con
sidered in law alteration Of mind or insanity He Sug-
gesed to the Jury that they consider the prisoner TO have
been he is not responsible to the charge OF murder
The Court alluded the fact that the idea OF insanity
Is based altogether bis acts shs nght-hey were MS
saving to Louis that he had walked past the house BEFORE
es there he had ways been in the habit looming n
when persons there; another his looking pedslVe
nothing when Charles placed the covering over
him after he had laid down; and the general idea that had
seized LOuiss mind after he got Into bed, that prisoner
nigb pei up and 40 them with the knife he had
three four days With him, and prisoner saying Wai
III help you" Did Louis get the idea from the general
strange conduct OF The prisoners The Jury will weigh
oil the circumstances and give he prisoner tue Deneht
OF hem The Court remarked on the other hand, that
would be unsafe 10 base Insanity on tbs acts OF me party
time. Men intent upon some wrong, or especial OBJ
ject apt act different rom other Zines and IA me
sSsss by previous acts judy alluded the fact of
the prisoner being destitute, his knowing where
deceased kept bis money, his coming to the house
and waiting 10 do 40, AFTER every person had Left II
his stating be had got work for Charles al Newark,
atye TO HE Truth Of wncn no proof nas been
being provided with The deadly kaie with which the deed
wac cOmmed-hs knowledge Of the trunks Ia which tns
money was conianed-the apparently dehOera1e manner
In which the atempt to slsy The young men made e
blows Louis, who slept inside having been giysn hrs
ss IL wls shown when he stabbed Charles wh) slept ont
side Charles sprang In bed In the dark, and caught
prisoner by Tie throst but hes boAs from Inn and fl d -
The bar oom attempting 10 gel Out oi the doof Ou lh5
deceased coming from bis aroused by e cries.
intercepted him, prisoner striking the deceased the deadly
blow with he kniie-thsn escaping nv asbacA way pac
ing piece Of furniture to reach tho window 70 escaps-hs
getting fences and ti he 6aay ie n1o in
been aware Of distance Of twelve leland the
falling nio which alone prevented bis escape 80,
II was for the JUDY say whether these acts looked Ike
insanity deliberaOn II he was sane and TOOK the lie
that intent may be inferred from the act man striking
another in mortal part with deadly weapon such as is,
loaded pistol another breast firing may supposed
to intend TO take life Or il prisoner killed deceased while
prisoner engaged in foniOus acteither thai of al
tempting to slsy the sons OF rob the old gentleman Of his
money-t also becomes murder.
AS to The idea Of being done in selfdefense just able
homicide Is the TAXING OF lie IN the awful defense ones
persons Tor his or her husband, wife parent child mas
ter mistress servant when there shall be reasonable
ground TO atprehend design to commit felony or do
some grtRt bodily injury and there shall be imminent dan
ger OF sucl desgn oeg accomplished. ~ Is Tor me SuIy
70 say whether prisoner was IN me lawful defense OF ms
person and state OF things existed such as would come
under this rule.
The Cour concluded ts remarks by ing would have
experienced great happiness could II have portrayed cir
cmsiauces more In favor OF The prisoner The Jury are In
possession OF the whole case and It for them TO decide
The Jury then retired.
The prisoner who IL man rather above than under The
mddng size aud hight fOnd complexion, features
blue eyes and rather dHk harl sal unmOyed but
pareny oisiuteresled spectator OF the Rev Mr.
Nenen by bis side during part Of the charge and ap
pGTenty occasionally interpreted remark 10 him.
The Jury returned In about bali hour. They were d.
rected to rise, he prisoner through Mr. honOgh
the intel prefer The words Jurors look upon the prs
prisoner LOOK upon the Jurors" pronounced by
the Clerk also Interpreted to him In answer 10 the
question: What you, genemen, do you nod the prs
the bar guilty guilty. the foreman replied
GUILTY which alsO Interpreted TO prisoner.
The Court direcied that the prisoner be brought up
Saturday for sentence snd he was femanded.
LAW COURTS.