The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-15

Trial Of W., b. sasseer for tho Murder -
EHWelame johnson.
From the Nstiopal Intelligenoer June Il
The case Of VIM. B. Sassesr was taken up yesterday
PO1nDs st the psus hour q opening the Court x
Of Ill health, Mr. H. Bsstor was substituted for him.
and duly sworn
The Indictment then read again to The Jury,
and the prisoner pointed out to them.
Mr.. Nelson Robertson, witness under subpoena from
VAS on saturday EVENING last attached and Ss IL Prison
In this county. Mr. Fendan submitted ned statement
to the Court In reference 70 It, which Va; discussed .ra
Judge Msssrs Bradley and Carlisle having Hspressnted
the hardship Of the Of Robertson the Court REMIT
upon Ms psrsons that his dobedisncs Of
the subpana ensusd from his being sick and unable to
attend.
The Witnesses cited for the prosecution number four
teen those foE tho defendant thirteen OF those for tho
mother Of the de ,sssed Emmsns johnson, and Drs NJ
" Began, and F10dOardo Howard. with the remainder
of the members Of the deoe.ssd's family.
After being sworn, the Witnesses ordered to keep
out Of court till called SO that their testimony might bs
taken apart.
marking on the depth and Nervousness Of the crime
charged against the prisoner 1t the bar OF all species
Of murders that by poison had been deemed the
mesnest and basest and anciently, in England, was
disaowed the benefit Of trial BY jury The victim Of
this crime was woman OF more than ordinary per.
powers and attanments too feeble to with
stand the temptations with which 1t had been her
II
who had disregarded the obgAton he had conractsd,
and bssely deserted her. He went to California. Having
nsxon which proved no more sto than the rs
for she became again deserted wife. Two years before
her death she st became acquainted with the prisoner.
His acquaintance grew into criminal intsrcourse,
with al it's concomtants Of and shame Between
his wife and his mistress: the prssners stustion was
the farthest from Desirable. Mr. Fendau spoke Of the
procurement of medicines to produce abortion, and
then Adduced the circumstances attending her death
on the 18th ef september, Lat These WERE chiefly,
Crv kh frOm Of hei tahh al
her great agony Der 1rgs.t desire that the attending
vulge the Of the person who furnished her the
DAN sa that would be proven that two evenings pre-
apothecary for the alleged purpose Of killing dog; thi
duly labelled poison, and enclosed within covs
with the deaths head impressed upon It, Previous pur
cbases Of the article would also be proved. Mr.
Fenda then said the evidence would be crcumstantia
and dated at some length its relative value and red
Ha bility.
The first witness called was the mother Of the deceased
Ms. Eliza Gernan-She deposed to living on Seventh
street. in house Of Mr. Bogan's the 18th September
last had lived there month; her daughter Emmene
with her, at eundown, the l5th she her daughter
who appeared to be as well usual she in her
room cleaning her teeth about O'Clock Emmeline went
out in hack and remained away about fifteen minutes
the hack came back and drove away again. witness di
not her daughter &c. in out Of the hack die
she Who else in it; the next time she saw he
daughter about nine o'clock In great agony, in he
She slept in the back loom above the ba q
witness and her husband and slept the room
above her Emmeline had two children ten years
age, the other about three About nine O'Clock witness
heard door slam to and scream She got out of bed
ard without leaving the called to her daughter be-
low. She stll heard screaming and being afraid tire
open the window and haoed murder. This brought he
husband and home from the street, who en-
tered FHmeliLe's room. When witness ventured dow
stairs several men we're in the ROOM and her dauchte
stretched on the bed her back in great agony
Witpess's husband was rubbing Emmelne who desired
doctor to be rent for 70 bleed her. Dr. Began
died Witr esss husband had for medicine under M
Doctors orders Emmele died before he reursed with
NJ. Ann ha,n IT,
of the witness for the present. and recall her after
ming some Others. This produced discussion between
that without row laying down any general rule to be
applicable in future yet in this parcu I'd
examination in chief must be continued throughout,
not by pie cemea this necessary to give effect
the order for keeping the Witnesses separate
Mrs Eliza German, resuming-Said che did not kno
In the winter Of 1S59-61, Emmene lived in the Fir
ward in the following summer she came home to liv
chills, and was attended By Dr. Lee; before this NJ
sasscer, the prisoner, to visit her a chill docto
first he vert ut b. the h.ne Of Dr. Piper after that
telpiece, which said to have been left BY him I'd
her daughter to take these powders did good 81
weeks or two months at witnesses, and subsequent
lived at her SISTERS Mary johnson, in Q just
tine efns Sn"s then On the Sixth stree
then at Moran's, In the First ward, and at length
turned to her mother on the Island moving with her
Mr. Bogans bouse. on Seventh street; this was Ia
summer; when at Morans Emmeline sold of all her goo
but her bed and bedstfad to go to California and on
requested 10 remain few weeks at deponent's; this
shout the close of July or LIST Of August last; whilst
the Island, Sasscer often Dr. Mines; never ga
him at the house on Seventh street. had often seen ha
core IN The evening to the door there, but did not
wLo was In it
DR.. Martin V. B. Began took the stand.-From ten
fifteen minutes past ten O'Clock IN the evening, ON
18th September Last year, he called to attend
tieDt Emmelne johnson found her laborpg under pee
liar form Of convulsicus trembTg her whole bod
with livd complexion, and ecckymosis over her who
body: her system VAS collapsed with rgidity and not
taxation, and the fkn had blush appearance about
nails; found the skin warm, pulse at first ninety,
then 20 vibfatory not to be able to be counted;
tongue not coated although there was peculiar q
fecly rational: her ccuntenance peculiarly animate
eyes very brilliant without dIatation of the pupil
or Ss 'as
cosd not for she was in dying condition: Her broth
was staIdii beside him Ia the intervals between
cetded t. detail the whole history Of the affair. ri
coun'ersnce was anxious and yet apim.ted. She
case Dr. Began rescited 10 antispasmodcs. brandy,
tard plasters, &e There were ffty sixty persons
to get at the Witness had 70 oeVsq s
such case before The pulsations tibrated that III
could not be counted. She lived from twenty Ave
thirty minutes after the arrival of dsponent say at
fifteen mir utes Of eleven Ocl.ck.
Mr. Fendall here read from the books certain opnit
touching the validity Of dying declarations testimo,
ard commended that the statements Of deceased to
Began were good evidence.
Mr.. Bradley replied
that it was not sufficiently apparent that the decea
was impressed with The imminency Of death pom her
the Tine although Perhaps everybody else around al
have been, and tfat her cry bleed me- for G1d's sal
shall de-" to Be taken in the strongest
of the words for persons often used such terms vii
really in very little danger. The dying deca
ratons Of the deceased to DR.. Began therefore
allowed In evidence
On the delivery Of this decision the Court adjourned
4 MURDER by RUNAWAY NEGRo-On Wcdnest
last, the family of Mr. Sweeney, who lives about II
miles from Macon, on the Marion road were arou
from sleep by negro, who stated that he wished
purchase q pound Of sugar. The daughter of
Sweeney opened the door, but Immediately W
back, telling her father that the negro looked Xix
runaway. Mr. s. came forward and demanded
began ts resist Sweeney, who had by this ii
seized him. At this time, Mark Sweeney, yo,
man about twenty-five years old, ran to the ass
ance Of his father, and he too laying hold Of
negro, all three fell to the ground The negro y