The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-06
Tho Dcy street tMurder-Capital Conviction.
COURT OF OYER AND TRRMNER.
Before Chief Jusice Edmonds, and Aldermen Franklin
and Delsmster.


| and Deismster
MARCH o.-denry Carmel wss again placed ct the
bar, charged with the murder Of Charles NJ Rosseau
on the 10th November, 1860
Charles II. Andrews being called and examined by
he District Attorney said that he resides at At Dey
street. and that on going to the Of his premises
the 10th November, colorsd In his employ TOLD
him what had been going on in the night; went to
place in tho window from which could command q
view Of the area; I then saw Q man walking up and
down at the end Of the area, his facs covered With
blood THE diagram produced and witness identified
the area where ne saw the man. As soon as dis
eye to him. and see that he did not csc pe: then
went to tbs house whore the transaction occurred,
but ana not see any officer there and then went to
my return to the house opened the window and look.
ed out over the and asked him what he Was doing
stand asked him again and said he was pretty
looking objsct he then replied mix warm" the man
officers the ladder was not steady nc first, and made
motion to him about It. and he up cautiously
bottom of the area; saw marks Of bloody hands on
the walls and on the fence where the man was cup
nsned, could get out nom the area Wv - NV
CScss examined by Mr. Dstin. think the puddle OF
found there; he was in his shirt sleeves can't
say whether he had wsistcost on or not; he had
To tho JuryI recolleot perfectly well 1t was clear
The evidence for the prosecution here closed, and
the District Attorney referred to the 4h and 5th
ons Of the Revised Statutes Sd subdivision OF the
9th section. Afro, to lat Beck's Medical Jurispru
dence, page I'll where the full bench Of Judges in
England give their opinion the case submitted to
them ss to the insanity OF MoNaugton tried for the
murder Of Mr Drummond. the late Sir Robert Psel,s
private secretary in which opinion the Judges define
the inacstions Of insanity and lay down that all men
factorly proved. The District Attorney also ei.ed
from the same work pages 7S4. 7Ss, 7ea.
There Was NO evidence offered for the defence.
L. eded
behalf tho prisoner, whose interests he felt would
suffer in his hands from not having had oppotunty
OF consulting with the unfortunate man. he having
been only assigned associate on the morn.
ing on which the trial menced The prisoner wa,
our language and even now ignorant OF counsel
Is saying In his behalf Mr. Clinton then went on to
renee of all premeditstion or malice which the in
dictment alleges; that there utter absence of
testimony to prove prsmsdtated design for there was
Rosseau, until the deceased rushed at him Counsel
warned the jury not to mix up the case of the homi-
cde ofthe elder Rosseau with that the stabbny Of
the sons II he has bsen guilty OF the assault upon
the youDgerRosseaus he be tried separately on
that the penalty for such often Is no
less than ten imor sonm In the state prison
after for considerable length time coun.
sci submitted that the evidence went It the
prisoner rushed ct by the deceased and that II
the case was not one ofjusthabe homicide it was mo-
thing more than hter, and that only II they
could believe that the act was csmmttsd BY man Of
ssne mind Men are actuatsd generally to the crime
ns m ,h oy 6y love BY hatred BY revenge
jury to attribute 1t Insanity is disease insidious
In les nature 1t must have beginning come time
and can be no more traced or accounted for BIZ the
jury, than they could attempt to measure the light
ming its causes known alone TO the Almighty bat
whether the prisoner had exhibited previous symp-
toms OF insanity counsel Rad ro means OF
a. be Was toay stranger here, and without frie nds
dal mania he !, irresponsible for the act and Is an.
titled to the protection Of the jury. [Counsel here
cited rom Ray Medical Jurisprudence, page 22t and
also referred to the case OF . man who trisd In
ChesanTo county by his honor the presiding udgs of
tn. court Who chsrgsd the jury on tho lasts and
Clinton continued to contend that this
Gaze than that referred to- and there not single
feature IN II which msrks IL OF deliberate
| der; sndsuppose there was equal conviction the
minds Of the jury OF the guilt and insanity pr
soner, or even prepondersnos to guilt the jury
shud give the p.onsr the benefit of any doubt that
arises In criminal cases, IL IL not necessary that
pr,poncersnce OF guilt should carry conviction; It
mutt 10 clear, and beyond all DOUBT The learned
ceunse concluded his address with an eloquent ap-
peal to the jury imploripg them not to con,gn fr-
Iuw being made In the form OF the Creator the
world to an ignominous death, upon the t.sti aony
here sdduced. Mr. Ciinton's speech oceupisi two
hours after which the court took for hour
| EVENING SESSION.
on the rtsseembing OF the court the District A..
tornsy on behalfof the people said: rise gentlssn
OF the jury to perform the duty epjoinsd upon M,
with deep OF its painful character but with an
smnett desire TO keep strictly in its limits wish 10
make no remarks calculated to arouse any mt
OF indignation on your pat or to wound
the feelings OF the prisoner stranger amongst us,
he stands before yea charged with crime 90 swf,l IN
its character, 80 revolving in it, attendant crcum
stances that the mind instinctyey rscos with nor.
Tor from It's contemplation. Gladly, IL in my poxer,
would avert that doom which IL i'm this
unfortunate n.sn, cheer fully would cave MIN from
that dread sby which ya~ns to ensnlph him; but a
item sense of duty tbs welfare OF society tho peace
and COED order Of the community In which We live
the prstetvation OF the Hives OF slo. beings those
tions and above all that Aims bty hat traced by the
finger OF God the tablets of tton~, amid the thun
oers and hghtnirg' OF Mount sinis Thou Shalt not
hnl'-tssch me to forbear. have sought Ia vain In
the progress Of th. trial relief the fearful
responsibility which weighs upon me- fruitle..iy have
strfyen TO md loop hole retreat for this
man. but the testimony which surrounds this cause
binds him - with IN adsmantins chain aud po yer
but OF tEa Omnicient Being who reads the secrets Of
mems hears can rend asun Ter IT, inai.soIubs Ink,
Briefly, sud ia order let n present 20 you the
prominent features of the sa's sir's, ths law
hict Attorney reviewed the Ias aud te.
tnony at copsidf length lie then continued;
Against all this OF evidences thu prisons stands
upon single Isaac legal irrs.p ponsihllity moral In.
,snity state Of mind ~ the time 81 the mission
81 the homicide. relieving him IRON accountability TO
attention to the suthoiite. witch have heretofore
seeR gusstsss on M b .Sn. a.o,ia ION =,
he enease of insanity, pages 1s9 aud 5pi. lie also
cited the London Las Magazine vol 20. p L." Doc
tors have assumtd too much, and have helped to let
locss un society come Who deserved death as much
Is sny who have ever suffered the extreme penalty.
hEsn many persons OF dinevGersd intellect deliber-
at'ly commit acts which they kn3v 10 b wrong. It
dos not folor, that because any degree Of mental
disturbance has been shown 20 exist shoud be
held ponsiole. II eocrin. ght with suoh
Dreadful danger 70 society that u is very Properly
Ves.d WITH Jealousy. Every case must therefore
stard 60 IT, own particular merits and as neither
guogt nor doctors can tay when sRnty eads and ia
tantty bsslps ~ DO possible rule can be deigei thas
wiz oe tlFe eppltcnble 70 tll' The learned gentle
man having reviewed the testimony 10 cisr and mi
mute detail, said that fIom the evisncr befor, them
the jury ceud core 70 ether conclusion thAn that
the care vas one 81 murder Aod that u was also
OF ptsmsdii1ted de'ifn. prompted by ths sordi feet
ing ot avarioei and concluded feeling AMI eloquent
address unsvayed ~ any desire hut t5at Of obtain
ing justice between the people and the prisoner the
bar.
The Judge In commencing his charge TO the jury.
said that he ccwld veil uuisrstand the state of feet
ina on which ttsy entered upon the discharge ef thi.
their most soemn duty In this case Thsrs are many
I constdera'icrF which uss weigh upon them nov
well ss that Witch mist have i'm pressed them through
the whole course Of the trial the fact o ths prisoner
bling an unirlsneed stranger in the country aud un
ecquain ted wish its language. He has h0sever, bsen
aided through the sgency of his countrymsn ard tbs
20 10 him hat .fttrt ttW