The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-28

o.ssion which involves considerations Of 30 important
character it viii be perceived that the est nony upon
hch such conclusions founded should b. thoroughly
sramped and well understood. This duty have cheer
tally and willingly performed have carefully reviewed
the testimony, and have aE0 listened with pleasure and
attention the remarks counsel both anst you and
IN your behalf and from all the facts devel ped upon
this examination have arrived at conclusion which
eonscentiousy believe to be compatible with reason un
governed by any utdoor opinions unnluenced by any
personal feelings and such as can both now and
hereafter endorse and approve Of Previous, however,
TO disclosing to you and the public the conclusion at
which have arrived, will revert and briefly comment
upon the it has presented itself to my mind The
arst all important fact for prosecution in this
ease to show is, your position with tsisrenee r,s 20
the deceased at or about the time the murder sa
NO doubt ~ to the time, for ~ IL eViueht from
your statements and the testimony OF MT: ana
Mrs Jones that the TO her death between
The hours of six and seven o'clock sunday the 9th Of
October inst nasmuch AZ she was seen oy you after the
hour of six O'clock upon the Black Stump road between
the house Of Mr. John Denton and that of Mr. Mackerel
and that she not upon the road when Mr. and Mrs.
ZONES passed it. at about the hour Of O'Clock
here can therefore, but little donbt that correct
n nv impression to the time the act perpetrated;
and Il must FORE be conceded point that you
IN position where you might have committed the deed.
The next question which esents itself for consideration,
the PROBABILITY Of your being the individuals who
ted the offence; and in order to determine this ques
on Alright is necessary to take nts consideration not
enly position with regard to the deaased but also
the question of time. First them to your position
you severaly admit the fact, have before stated
Of passing the deceased upon the road between the
houses Of Denton and Mackerel at a point about
enc hundred yards south of the pond upon the
premises OF Denton; and it appears that OF you
(hichae) knew her. The time of passing about
half past sx O'Clock; she at the alone, upon
lonely road night fast approaching and would
naturally suppose that she would have endeavo-ed to
keep pace with you, in order to herself against
HARM or the possibility Of harm, and that you in turn
would have exhibited gaantry in kee ping If not in
her immediate company at such distance from her to
have prevented from laying violent hands upon
her but the contrary be suppo ed that those
who should have acted her protectors and defenders
were the persons who committed this offence? No eye
that Of the Omnicent behed what took place at the
tine you passed each other and hence am left to de-
eide according the of human reasoning and in
doing this necessarily obliged to take into consider
alton the important question OF lime AZ connected with
this II appears fro the testimony of Mr. Roe that
you left Mr. Dentons at very he hour OF half
past six ocleckat all events at the time passed the
deceased upon the road at the point designated by YOU
the hour Of half past six had most assuredy arrived
and when you arrived at Mr. Smiths house in the
village Of Jamaica, the town clock had not struck
the hour of Hence, it will be perceived that If
you the persons that committed this crime that
have done the and walked distance Of mile
and about hundred yards in the space OF time Of about
twenty eight thirty minutes Now, could this horr
BILE tragedy have been enacted by you during that tme
the violation of her person. the placing Of the body in
the pond and the walking of the stance of mile and
in twenty eight thirty minutes of time? To this
answer most EN- phatcay, no In this opinion my asso
and adudge that there probable to suppose
you to be guilty of the offence charged and that you
entitled to an honorable acquittal at our hands.
At the conclusion of the opinion the prisoners could
scarcely believe their hearing, they had all along
ticipated that the Court would decide against Them
hear the decision he felt certain that he would have to
10 to Hampstead Jail. The friends of the prisoners
mustered around them, shaking them by the hands and
eeDgratulatng them on the decision of the Court.