The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-17
Trial OF Louis De Corn for tho Murder OF e "a
gene Melville.
couRT or OYER AND rEaarsgR.
COURT or OYER AND J
THIRD nAY

ing, by number Of citizens anxious to witaess the
clcsng scenes OF this interesting trial The prisoner
appeared cheerful and calm, as the previous day.
Mrs. De Lannay svorn-I reside at Is Mott street;
have resided there four years last May; Mrs. Mel
vile came to my house about four years ago last
May the marriage took place few days afterwards;
they continued 20 reside there about seven weeks;
never saw MIR. De Corn in my holse; | never saw
him at all until came TO court.
Cross-exaniined @. Do you know whether any
persons visited there after Mrs. MELVILLE marriageI
A. DIR. King came there; he was the only man who
visited there to my kno gledge; her husband was at
home during these visits; don't think he was home
every time. @. Can yoa state whether or not she
was In the habit of going out unaccompanedf A.
believe she did sometimes; she did not TO my Know
ledge go out very often q Faere mgns have been
persons visiting her without your knoWedges
A. Yes for did not attend the door
Mr.. Brady then 10 address the jury on behalf
of the prisoner This case is peculiar, from the char
acters of the two genteme involved, aud their
situation in life IL Is remarkable, as involving the
character of woman, whose fair fame stands utterly
free from the slightest implication, and who stands
unimpeached by any evidence. The matter is also
interesting, because it took place in broad daylight,
and in presence OF witnesses. | defy any one to
give an adequate cause for the commission of ruth
less and walton homicide by the prisoner. Ii this
be the case, it stands alone in the history OF such
trials On the subject OF what is meant by malice
aforethought," much learning has been bestowed,
and much ingenuity has been wasted. The Revised
Statutes, endesy0rng 10 simplify these distinctions,
have declared that the killing of human being
by the act, procurement or permission of another,
without the authority Of law, by poisoning shooting,
stabbing, any other MEANS i5 either murder man-
slaughter or excusable iusii6able homicide; &C
cordiDg to the facts and circumstan ces in the case
Such being the language of the statutes, the ques-
ton for the jury will be whether this homicide was
perpetrated with premedtlted design. Whose duty
Is it TO show shat such design existed? Certainly
the District Attorneys; and he must prove 1t be
yond the shadow of doubt. propose to ask you.
how will yon look at the mind of a prisoner to dis
cover such an intent? You cannot look into the
heart, and You must only judge by his acts
and speech. Prisoners are often acquitted on
the ground Of insanity. And why? Society
suffers the same loss; bGt he is UNPUBLISHED because
the law allows for the intrmity Of human nature.
The circumstances Of the case are to be considered
and reviewed Il is idle for counsel to talk about
what should have done in given case it is
incumbent upon the prosecutor to establish, by evil
dence perfectly satisfactory to the jury that there
q premeditated design on the part of De Corn to
commit wilful murder Now, submit that there is
not particle fevidence co that effect Did De Corn
fire the pistol? Undoubtedly. Did it kill Melville
Assuredly. But it must be proved that it was do1e
with design Of killing-not Of manning or iejuring
alone-on the part OF De Corn. What witnesses
prove this What threats have been proved to have
been uttered by the prisoner? Not one. And what
was the character of the prisoner? He had but one
friend the face OF the earth, and that friend De
Corn. 1t is proved that ne vas paid-actuaily paid
"a SUN Of two thousand francs to induce hin To
leave his native country, and bury himself in To-
reign land, so disgracefu his conduct. And who
is the prisoner His character has been fully proved.
He is descended from most ilustrious family in the
island OF Martinique family covered all over with
glory But althoug we are all democrats in this
try where aristocracy is endowed with other virtues
we shall always respect it. 1t has been proved in
part that De Corn iabored hard fer the anelioraton
Of the condition of tie slaves upon that island and
studied medi sjne mainly for that purpose, Throw
mgup his title and his family connections he came
to this country and first attempted TO subs st by his
profession, and failing Ia that, applied himself TO
business familiar TO you all. But il there was no
ennity between these two parties, was there any
secrecy in the act None whatever. The prisoner
bought The pistol In day light and exhibited il TO his
partner. Then the deceased owed De Corn money,
and there no motive for such murder. My
friend has sought TO establish criminal intercourse
between him and Mrs. Melville; but is there any kind
of evidence. to substantate IT. The statute says
that the killing of another in the heat of passion.
without the design TO take life, with a dangerous
weapon, IS manslaughter in The third degree. This
is q case OF circumsantisl evidence 1t is not suf
cieut that they warrant a logical conclusion that
person intended 70 kill, Dot il must be positively
shown that the intention was 10 kill, and that no
other result could have ensued nom the act.
The prosecution in this case offer nothing in EVIL
dence-nothng worthy OF consideration, exceo;
the use of the deadly weapon; and upon
the testimony Of Captain Carpenter and
Mr. Rucastle, the prisoner, wnile going
TO the station. house, asked if Melville vas
dead. and said "ay, God, | aid It in self-de-
fercen This fact is brought TO Light by the prose
cution. After the firing Of this shot Melville strted
of for the Greenwich street door, and all that De
Corn knew that he had flied the pistol, but he
DIG not Know the extent OF the lDlurV. melville
went in one direction through the Greenwich street
door, and De Corn through the dor in Reade street,
the latter had no means oil kno wing whether The
shot was fatal or not. The law says that man may
kill another If he believes thai his life is in Danger
a1d il lie be mistaken IN the amount of that danger
should he be hung for shat mistake Evidence shows
that he was a pre- emirently mild aud peaceaole
man, 20 much 80 that he vas called IN mis- own
country Deno.sclle,n word Synonymous with
vaclaticn and weakness. The deceased, on the
contrary was most violent aud despotic in toe ez-
IRENE. Mrs. Barker and mis- oEn wife we're in con-
tinual fear of bin. Ga the day of the homicide,
what did Melville present the letter for? Why did
he carry dangerous weapon for the first tine in
this city? weapon, not like pistol, the force Il
which might be expended in shot, but cane
which was always available for deadly purposes
His deadly purpose attached TO De Corn. The per
son thus assaed retreats before the appraised cane,
and advancing fires az him. The witness, Steamer,
was undoubtedly mistaken when he imagined that
be heard De Corn say "waitn Mr.. Brady gave the
evidence OF Steamer very searching examination.
II the jury 6nd that the passion under which the
prEoner acted subsidized and that afterwards he COM
nenoed an assault the case would be very different:
but bis terror and apprehension continued every mo-
nent desperate man, BALI insane per ectly law.
less and with the most vndictve temper comes into
the house Of another with the intent to commit vo-
ience upon another, who i mild, peaceful, and inof-
fensive. Melville yisits him in his own house fu Of
fury-into his sanctuary and castle He comes hole
Ing in his hand a csne-a dangerous weapon, which
he retains throughout the conflict and until death
lakes bis hold. His appearance strikes with terror
man whom ne Ddu arsauy frightened ny MS furious
threats, and who is also possessed of weapon il is
true but which the law allowed him for the protec
ton Of hs person. which he had bought in open day,
and under the influence OF fear. The evidence
in this case establishes 10 demonstration that
Melville came with the intention Of killing De
Corn. It is shown that Melville had repeat
edy threatened to kill any who inter-
fered in any way between him and his wife. Now
it Is said by the District Attorney that the
very light one but it has the appearance Of very
heavy one and how is the prisoner TO koog tha2 IL
a nan comes up to You with bludgeon in bis hand,
if ready to strike yol shout you think il inc1m
bent on you to politely desire him to permit you to
weigh IT. That would be absurd. DE Corn did not
seek him. He rose that morning and proceeded
about his usual business and had TO expec.
Melville there. He did not arm himself With That
expectation, and had thought OF the fatal coDse
quences | leave Mr. De Corn to you, and ask you
to look at this case calmly and dispassionaiey. We
holevo IL In he a caae NJ inahIa do Wbv