The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-02

HvpsON COUNTY COURT OF OYER AND TKRMINKR-
Judge HAines, presiding assisted oy Justices kidney
FB The trial Of jas Msris the charge OF murder
Ing his wife rson township on the night OF the 18TH
OF September last nmeIced Tuesday 1t having
been adjourned in December last this time The pross
cutting attorney. Gen r. v Wright appeared for the
jury In this composed folio wing psrsous
Amss ClArkfon, Ei.ard Cough, joseph stone, John
TuasI Jonn Ssringhsm, Gilbert Clark John Croushsw
.nomss y browre, Aaron Vres)Apd, VIM. @. yreeland,
Acrian Post, and Albert Zabrishis.
Inc prisoner l. blacksmith by trade abrut forty ave
years OF age and small Ia stature He manfests no
ce,n curing the progress Of the trial
me ,l,a, Commenced shortly before IL O'Clock The
evidence OF tbs prosecution then TAKEN in substances
Alexander N Dousherty, sworn saii-Tha. he "a :
September last to examine this body Of Mrs. Hsr,..
made post morton examination, assisted By Dr. Ward;
there marks Of old bruitss the left side of the
tenn pie ON her forehead the left shoulder and on
the hi ihe four ncsiops done blows saw NO
marks Of pressure Of the BRAIN but there . smell
Of alcohol there congestsp Of the BRAIN bat Il
was harder than usual there nothing remarkable
about the heArt found quantities of blood in the aldo
men; there was . rupture Of the spleen; there
old Injury 1t the bone at the lower part Of the body and
old which helped to cAam nation ~ that
point.
Cross sxamined-Witsess was called within An ,ur or
two atsr her DEATH nothing about the external appear
snce Of the bsdy sufficient to have caused
ing her brain there smell Of ALCOHOL suoh smell
could not have besn discovered in temperate person;
tho spleen was in diseased state the appearance the
rupture about four Inches and there evidence
Of aspontansous rupture all Of the blood outside;
bed, or 1t might have occurred from ntsm fol-
lowed by fall other viosnoe the use Of liquor would
bad miasa tending to produce rupture Of the spleen
attribute the death 1.-THE bad odors and the Of
Geo,sss Ward Of Essex county sworn, tsstiasd-rhss
he asstsd ct the post morem that there
bruises various parts Of the body and rupture
OF the spleen caused ~ vioenoe ceath was caused By
Gross exsmiDed-The marks old and fresh bruises;
tho wound: might have Sssa caused By an ino.osssd
70 cause death; noticed the smell o. alcohol witnsss
sgrssd with Dr. Dougherty a. to general evidence con-
Wn HarD, son OF prisoner, II years old svorn-rss.
t6ed that he picking apples across the street
father iicl Cd her In the head struck her with ha
boot che raid she would him shirt because he
an old rascal
Cross examined-saw 70 push mother whom shs
fell; could have seen any one who would have pushed
her, father was up stairs; whom came home he came
down about minute after Mrs Baker my self helped
her up stairs to B.k,rs bed father was Dining DO
stairs when helped her up; mother not sober ss
the time; she In the habit OF DRINK ing much they
had been dri king that morning; drank quart and
pint between them; brought In liquor that morning;
father drank some mother drank some.
EDWARD Marin, brother Of prisoner, testified that do
ceased had been sick for the last four months caused by
her drinking too much Marin pssceabe until
he drank liquor; Marin asked her for shirt l was
stAndiYg In my kitchen door Marin standing In the
mdce Of his room; she standing st the head Of the
stairs she said he drunken rascal and shs would
down stairs she landed foot of the steps got up
and went up herseR; l saw her between ave and six
O'Clock when she VA dying; she WAS sitting on chair
her door, and seemed to be faint his
around her neck hs blowing his breath into her
mouth went to Mrs Asrn's room, and found hsr dead
Der bed; told Marin that he had killed her he said
that 'ths bottle had killed her - 1t contained mustard
kpg for shirt caused the trouble she had been sick
never saw him again until he was holding her Ss.d up w.
Cross nsc-I cannot say whether ans wa5 drunk;
rsver saw her drinking never smet drink upon her he
pushed her with his hand taking her BY her shoulders
SECOND DAY-vERDICr OF TEE JURY.
The Court Let 1T half past nine O'Clock yesterday morn
ing and the tsstim my Was resumed The prosecutor
Dorothy Baker. wife of VIM. Baksr-Tsstfsd that she
know Mr. Marin lived in the same hous. With herr wa
present when she was pushed down stlirs M. Marin
asksd his wife for shirt she would not give II to him,
but called him drunken dog he angry and pushed
her down stairs; she got mp and came up stairs;
asked her again for . shirt, and she would not give
It; he kicked her In the head she was coming to my
when he ols her, he, som: s.ss she
to Mrs McAnpapy's room; at I've O'Clock heard noise
and up and Mrs Marin in bed in her own room
n.rn shs told ne that she guessed that sTs I.rs VI.
nearly drunk ~ she had been drinking brandy all day;
ANAL feeble woman she stoed top Of the ps when
Csoss s1smpsd--whsn went mp stairs Mr. Marin sso,i
near me- Mrs. Marin In the hab. Of drinking hard;
cAnnot say that she Was drunk then did not hsr
drink anything that morning; Mrs Wood stan ling in
bed hs!d Of the rail to the stairs believe put
hands TO her breast to push her down. my weot
o her aid before she up stairs; walked up
tops alone when asAsd for . shirt, she called him
drunken dog anc drunken devi he scolded her oil the
ime, because 1t Sunday and h. wanted clean shirt
think che said 1t too bad that he threw her down
stairs witness has bses in this oounsy about two years.
ard understands Engsh toleraby WE'LL altar she va
dad Mr. Marin stated that there bad been mustard
in hsr brandy which he had thrown OUT after she was
dead, MI Marin kissed her and said all the time "she
dead;' had seen Mrs Marin fall out Of bed when
drunk before this told that 1t shame that aha
should Be 10 drunken she told me to 60 down stais
OF my business; had been drinking that
cay cay. '' - 'A''''' A'' -'''' "A' 000A 'nA'
James n Newark, jailor, sworn-restfed that he had
prison to jail he sick having the onils and
fevsr He has been quie: prisoner
The testimony here closed.
Counsel then proos 'dsd to rum up tbs cause VIM q.
Jslli OF Jersey City, opened and Mr. Clifford Of Newark
Closed for the prisoner Gen. E. r. " Wright District
Attorney, summed up in behalf Of the State.
hf alter Ss
until three o'clock.
At that hour again met and jury cams Ia before
four O'Clock with verdict Of mansaughter swing de
liberated two hours and half After hearing the yer.
Dict the prisoner conducted to his cell to await the
time Of sentence.
Substitute for the Death Penalty In PENN
sylvanla.
The following bill which Aboshes the ceath penalty
Pennsylvania Lseisature:-
An Act to provide for the sfsctusl punish nent
and prevention OF crimes heretofore punishable with
SEQ. lBs 1t enacted BY the Senate and House Of Re.
preventative Of the Commonwealth of Psnnsylvanis In
General Assembly met and 1t is hereby ensotsd BY the
verdict Of guilty Of murder In the degrees against any
person charged Herewith in any court Of this Common
wealth. it shall and may be lawful for the jury render
ino fhA In hat~