The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-31
/ OF MRS. ROBINSON, AT TROY.

u VI mkOs kUBANcUNs AL TkUxs
b e( The Judgs-verdict or CSnvissaon--
Soenes In Court -Incidents, So.
from the Troy Wing, Nay 70
|aturday sftorno Don, after the summing up OF
Judge Ira Harris rose and delivered the fol-
CHARGE TO THE JURY.
lemen Of the Jury-The scene which during
lex has occupied your attention with such
interest, is at length drawing to close.
", it is rare that the citizen, in the discharge
duties which he owes to the government
which he lives, is called upon to act under
abilities like those which devolve upon you.
once, perhaps, In the course OF q mans
BIT he is called upon to decide the fate, for life
b, of fellow being-when, in the impressive
&c of the ceremony which initiated you
Jour Office as jurors, the life of q fellow
10 is given In charge to twelve men.
ker0gative to determine life belongs to the
Of life itself. 1t ia the highest power that
himself the subject Of mortality, can exer-
b assume this prerogative and declare the
Ills fellow man forfeited. This fearful resp IN
rests upon you. When you entered that sa-
bee, you, each for himself, took vow upon
YES that You would render true verdict ac-
to the evidence, even though the effect Of
rdict should be to take the life Of the accused.
nk0tlOAy Ou 0lC INV W AnCCty lCs ~ W ~
lat peaceful conscience may attend the
recollections Of this hour, and, whatever
the fate of this unhappy woman, that you
er possess the conscious assurance that the
der which you live and from which we all
protection, have been faithfully upheld and
ally administered. With the policy or wis
the law which demands life rs the penalty Of
neither you, as q jury, nor we, as q court,
any anything to do. Were we sit
legislators, it might become us to
our opinion on this subject; but
here, as we are, to administer the law,
duty to take it a. we find it. The respon-
of taking human life is not upon us, Blu;
e lawgiver. l proceed now, as briefly az
invite your attention to the questions which
nand your anxious consideration, and the
bnt points Of the testimony bearing upon
questions. Timothy flanagan died on the
May, 1858; he died of poison. Was this poi
ninistered by the accused? This is the first
which will require your attention. If the
fails to satisfy you Of this fact, your duty
terminate. You will pronounce your YER
acquittal without reference to the other ques-
the case. But have not understood the
for the defence as c0ntending that the EVIL
ssti6es such q conclusion. The accused was in
on of the article which upon the post NOR
animation was found in the stomach Of Lana
ome ten days or fortnight before, she
released Of Mr.. Ostrom, the druggist, two
bf arsenic. About one o'clock on the day of
b she went into Lanagan's house, where she
be family-Lanagan, his wife, and Catharine
at dinner. She sat down, upon invitation,
egg and q potato. Soon after flanagan
table ana went into the grocery in the front
the house. The accused then proposed %
hagan and Miss Lubee, to use the EXPIRE
witness herself, that they should drink beer
+. They at first declined, but being urged
length consented. She then propose, in
make the beer more palatable, to put sugar
nd requested Mrs. flanagan to procure it.
nagan, yielding to her request, procured
grocery some fine white sugar in a sau-
% then went back to get the beer, leaving
used and Miss Lubee in the room. When
turned she found the accused walk
room with the saucer of sugar in her
I'D she also says she observed that she held
humb and finger q small white paper folded.
sses were provided and the beer poured out.
|as not enough to Ill them. The accused in
bat they should be full. Mrs. flanagan re-
to the grocery for more beer. When she
OK the accused was putting the sugar into
ses. They were filed, and Mrs. flanagan
30 Lubee sat down at the table to drink.
bagen says she observed upon the surface Of
white scum, and thinking it might be
It had fallen upon the sugar while standing
en box in the store, she took teaspoon to
it-that whilst in the act of doing so, the &C
pho was standing by, arrested her hand, aud
teaspoon from her, saying that was the
1T of it, and that it would do her good.
moment Mrs. flanagan was called to the
by her husband. She remained there,
husband came and he and Miss Lubee
be beer. He died at seven o'clock the
ching, and Miss Lubee died at four o'clock
upon the testimony Of Mrs. flanagan. From
re of the case there could be no other evi.
Had she imbibed the fatal draught instead
lsband, as was at first intended, there would
N no one left to detail the circumstances.
aibility of Mrs. flanagan has not been ques-
If her story il to be believed, 1t would seem
no room for doubt. You cannot hesitate,
painful it may be, to come to the conclusion
was the accused, and no one else, who ad-
ed the arsenic which produced the death Of
J. Assuming that your mind will be brought
conclusion, I proceed to bring your attention
Ter important inquiry-an inquiry which,
very nature, Is far more difficult. That
Is, whether, at the time she committed
the accused was in q condition to render
lily responsible for crime; aud this depends
question whether, at the time, she was in
II mind which enabled her to know that
did was wrong. If, at the moment Of
that cup, abe knew that she was doing
and deserved to be punished for it, then,
II else there may be in the case, before the
Il answerable for the act as Q crime. The
of her conduct before and after Is Of no i'm
except as it reflects light upon her condi-
be fatal hour when she committed the deed
b she II now before you to answer. It seems
ut the period ihoquestion the accused had
very freely In the use Of intoxicating drink.
rom says that when she was at his store on
evening (which must have been the 2lst Of
The was quite intoxicated. Mr.. Brownell
ht when abe came to his Office in the early
May, he thought her the worse for liquor.
says she frequently purchased liquor at his
ometimes taking It there, and sometimes
home with her. Mrs. flanagan says that,
the morning of the 25th Of May, she came
rocery and procured quart Of beer, which
homo with her; and as deceased was living
may be presumed that she applied 1t to her
rsonal use. At eight o'clock she sent old
ey to borrow 81 Of Mrs. flanagan, and before
be came herself. About eleven o'clock she
. again. 1t Ia not proved that she drank
1t she went into the room back of the gro
here there were several men, and engaged
y, boisterous conversation. The fact that
found in such place, and in such COM
Finishes some ground for the belief that
then under the influence Of liquor. Mrs.
says that perceiving the noise she went
room and told her to 60 home; that it was
for her to be there among such set of
i one O'Clock she came again, and then the
Fas mingled with the beer. Shortly after
she sent Haley for Mrs. flanagan to come
ouse. Il is the theory Of the prosecution that,
allied in procuring Mrs. flanagan to drink the
1t was her object to get her over to her house,
she might yet execute her purpose. But Of
course, there Is no proof. About 8 o'clock
at the grocery again, and asked for beer.
magyar says she told her she did not need
declined to let her have It. The answer
conduct Of Mrs. flanagan at this time indi-