The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-17

a eecona hand for ladies when gentlemen eonsuN
Won IN resIecs ofisd'es I'll had nos the most 70
am not asking that. II. mao comes IN and
asks wsAs 10 good for an hystaricA lady, do you
give :hloxofeym s-No.las 3 sr.gg sg,it
Did yoa ever ssse i. before p old ncs.
Die Scu ever give Vt excsp. when I; Yves 20 be r
ministersd under your own cafe6I did 10 pa
Were they not under your own care i--Y,A; but /
did not adrniniater IL Dy-eik
You could give il to q ls<iy herself - take some
ersgs' Or to gentleman = .on'n'''' 70 hl' wife
Bu. You ne yer gave II 20 . gentleman before 70
administer to an unknown hayi Not that am
aware Of; hcpe not
Did you ever see any II Me other bottles before
u tbia your hansw, iting On The labels on tho
cblorcfssmf Yes, directions for administering il
when dd,d yon give them On The 22a Of June.
Handed fourth bottle containing iodioy.l
Is that your handwriting On that label Yes;
gave Mr.. Garden that t,o. + ~ sa8
when did you give It cannot tell.
You cannot isll7 II must be considerable time.
No! under what ircumstancesf I would not be
surprised i It was given for splint for horse.
For splDt for 0 horse Yes.
When did you give it9 could not say.
Arbuthnot7 did not.
You never heard Of her befoye2 did.
You Fever heard her name frOm him fpcsi-
lively swear did not
On the occasion you were In the garden was any
third person present No.
You did not ask for whom he intended these
Which did Won thiDk II would be, right or wrong
TO ask him ! formed no idea about Il; did nGt
wkh to ply into any matter OF tho kind.
What did you mean by that--had ycu any sue
pjcioD2 Not the most remote.
Then why did you use the word "pryT From
his position and rank 10 society did not wish TO
ak questions.
Yon thongst bic rank entitled him to administer
drugs 10 o laJy7 No.
To Mr.. shaw He asked for the second bottle of
chlortform lest any accident should happen TO the
first.
The Attorney General then proceeded to contend
that there had been sufficient renewal Of Miss e.
Aibnihnot Il ON the car to satisfy the act IL she
bad beer taken 70 Farna castle II would have been
If she were only taken to Fctbard, and 20 back TO
the door OF the car. He conid not see where the
line OF distia ction was to be drawn.
), Mr.. Justice Ball-Gentlcmen Of the jury, upon
the evidence given have no hesitation In telling
you the prisoner at the bar is guilty Of An attempt
to commit a felony, and the only question FOR you
is, do you believe the evidence or mot
Several JurOrs.--We do.
Judge BAH Then, lot the issce paper be sent up.
The jury Immediately found the prisoner not
guilty Of the felony for which he was given in
charge but guilty Of an attempt TO commit It.
Lord CamPbelrs Act, IA and Is Of Victoria, chap.
ter &c., enabled the jury TO take this medium course.
The punishment for an attempt to commit felony
Is two years. imprisonment, and fine.
Judge Ball-WclI, Mr. Attorney General, what do
you propose 10 do as to the indictment No. ~
The Attorney General will proceed with It 70
morrow morning.
Judge Ball.-hen let the prisoner be removed.
This indictment is against Mr.. Garden and his
associates for feloniOus assault.
The prisoner was then remanded.
On the 3lst July, Mr.. John Garden, Of BarnAme,
having been already convicted Of the attempted alb
duction Of Miss Arbuthnct, and an intermediate
frfo dAtn otvnnN fhnA hat
not involve the further charge OF felonons assault
upon Smithwick, the herdsman, who while valiant
ly endeavoIDg TO defend the lady received some
we're injuries from Gardens ar ned gang, the indct
ment for this latter offence was sent before the jury
yesterday, and hr. Gardens acComplices having re
fused to join in their pleas, he WAS placed on his
trial alene.
Tie Attorney General stated the case, and called
several Witnesses; but ~ the main facts were the
same thoee deposcd to at the former trial, 1t ia
unnecessary TO repeat the evidence.
Mr. Marley, 9. G., addressed the Jury for the de-
fence, and called no Witnesses.
Judge Ball then charged the jury. He said the
fact Of the prisoner John Garden not having g on
the blow was beyond al question, bnt if more per-
| c0Dcurrt in it, although one OF them might not
personally do 1t, still the Law deemed the 49, to be-
| his. Accordingly, IN the present instance, tie
charge against John Garden was that be was priyy
to the act, and furnished the party who did il With
the means OF doing it, and that they both had com
mon object.
| The jury then retired TO their room. ana aeto
about four minutes absence, brcught in verdict o.
not guilty.
A most indecorous S, enc followed she announce
u'ent Of the verdict The greater number OF the
persons who flied the court cbeered lou.ly sevcra
ia lies III the gallery waved their han0sereaicis.
and the cheering outside the court Mas N II YOGI
ferOns.
The Cle Of TIE Crown then inf ,r1ned III. Car
den that he was about TO be sentenced for the az
tempt al abduction OF which he had been convicted
on Saturday, and be requested to make lew OBJ
se1vations
Judge Bsll-C Certainly; I Am prepared 10 listen to
nything yvu may wish 10 say.
SIR. John Garden then said-Ny lord IA what
have to say, do xot, by any means, q .nat 20 pal
hate the henious crime have comai..,c!, nor do
wish to attempt by any language OF Mise TO infu-
ence the court in The amount Of punishment which
II may be thought ft 10 vii: upon me. hive a
very strong feeling that the judges OF the lard are
jos. and impartial, and therefore prior to your
iordship commencing those strictares-which must
be OF grave char actsr-ia do Wish 70 impress upon
ycD, under the most solemn assegeratior, that
three of the positions which were made Is the
Attorney-General in bis opening spec II az .inst
nc, and which. no doubt, were cfei %
lin, Sre Absolutely and positively uclrG. Tne
first is, ih-l was influenced IN this site up BY any
degree o. malice siter towards tie young lady hef-
self or any membtr oil her family. Secondly, that
the delicate state OF health Of Mrs. Cough; snI t',e
third j. that which would disclaim with G. Dr.
CIT nejgnatioD ;Em had the remo.est intcnti,a
OF using tpy OF those dugs whatsoever FOR the pro.
dnc!on 81 SIMPLIFYING effects, or the production OF
any .fiact Inconsistent with the dictates Of common
humanity. Ny lord, as to the Grst, the malice and
hatred towards Miss r. Arbuthnos, or any member
OF her family, every person who 10 acquainted w.
me j. aware OF tho feeling which have for sou,s
time bella towards that young LADY, and II ia hardly
necessary sos IRE on to observe upon il. Mo- oay
towards her, but with respect to every lenass Of
her family. solemnly avow that WI, .ut ut.q-
epcsd by any anch feeling, and OF this y a,ent no
such feeling has possession OF my mind. II is per
i.ctly true that at one time, when angry with Nr.
Gougb, expressed myself towards him In that man
ner; bnt nov cay that tho attempt-the crimin i
a,teml T. which I have made and failedin arose i.
OF 30 such motive: and even now do NO. blame
M. Cough in the slightest degree; and had beea
consi ted of the crime Of which, thank G. ID,
! have been acquitted, would not entertain
acrimonious feelings t. sg~1s him OF his family.
row Icy down aii anger D. once end forever. Nc.
Tough oceht TO know that malice or hatred Ia not