Eastern times., 1855-09-13

spine, at the vital part of the brain; he exhib.
ited a skull to the court and jury, and pointed
out where the clot of blood was found.
Cross Examined. 1T is more dangerous to
infict blow on The back part of the nead
than on the fore part coagulation OF oiood
might be caused by fall of a person striking
on the back of the head the muscular action
as described by Heary Grips might nave been
such as would result from fit; the pressure
of the brain causes death; death will not en-
sue until the pressure is so great as 10 cause
the nervous action to cease. 1t is not often
that a coagulum is found on the brain of a
healthy person, under the age of 40 years, I'M
less by violence alcohol will produce convul-
sions. The doctor here described " delirium
tremens said it was tone of the whole
nervous system, causing imaginary terror, and
often causing the individual to infict wounds
upon itself, | think Mrs. Cripps' age was
about 40. 1t is difficult to connect that coag-
ulum found on the brain with anything but vi
olence just before death think it was pro-
duced by that blow, or the blow when her
head struck the floor; the doctor was further
examined as to the disease of the BRAIN
Here the government rested.
DEFENCE.
W. Gilbert opened said there is no evil
dence of express malice. and hence there
would be conviction for murder in the first
degree.
The case stands upon crcumstantlal evil
dence. The jury must first be satisfied beyond
a reasonable doubt of the truth of all the posi-
tive facts alleged in the evidence. Ii they are
thfs satisfied as to any of these facts, it is the
province and the duty of the jury to determine
what reasonable inference they will bear
And although they may bear inferences consis-
tent with the hypothesis ofthe prisoner, s guilt,
still the jury are not to convict, if the facts are
also consistent with the hypothesis of his inno-
cence. If they can find a solution of the case
as reasonable as that of the guilt of the prison.
er, they cannot convict To convict, the facts
must be such as TO exclude every other reason
able presumption.
Now upon the facts proved, and to be prov
ed, is it as reasonable 10 presume that the de-
ceased received fatal blow from a fall in a
state of intoxication. Or If in fit of delirium
tremens, she may have attempted self destruc-
tion or if when she fell in fit short time
before, the rupture which is supposed to have
caused death, may have been produced thus
this presumption is to prevail rather than that
of the guilt of the prisoner, and The jury can
not convict.
But il the jury should find that prisoner kill
ed the deceased, the most reasonable inference
from the evidence is, that it was in the heat of
passion upon sudden provocstion and the ver-
dict should be gully Of madn-slaughter.
Charles Cripps, son of the prisoner, was the
first witness called. Am IA years old; was at
home at the time of mothers decease had
been al home some weeks previous 10 mother s
death; there was rum at our house little at a
4ime, some weeks previous to mothers death :;
did not have rum more than one half the time ;
mother got Injured in the woods two days be-
fore; she fell down among brush and stumps !;
father went for her; he brought her back; saw
wounds on her face; she had fit about days
before she died it was in the evening at the
supper table she fell backwards striking her
head oo the back Of chair The fit lasted about
one half au hour had another fit about fifteen
minutes after the first; Henry was sent 10 Bath
that day got back about 9 o'clock, P NJ. A;
brought some rum with him mother drinked
some once !; found some rum hid in the shed
that day mnther carried it there saw her
when she carried it father assisted Staples to
load the goods about 5 cluck, P. NJ mother
was there in the forenoon sitting on the fnur :;
had been in bed before father asked mother
ID get on 10 the carl; she said she wouldn't 90:
she had been drinking; father came to Sta
pies house about O'Clock sent Henry and
myself TO get mother up found her in the
kitchen lying on her right side /; clothes torn
she breathed loud; did not speak TO her; went
then Ia Staples house; told father we could not
get her up; father wanted Mr.. Ward to go af-
ter her; we went and got her; there was wood
in the kitchen some pieces like those exhibit
ed by Mr.. Milay in Court.
Abbott, Attorney General, cited Revised
Statues, Chap. i54 and l5S; 9th Cushieg Re-
ports 3O4 and 305 % Archibal1's criminal
practice, 2l5 ard note Archibald page 5
and note.
Hubbard for defence-Said there was not in
the whole of the evidence any testimony on
which to convict the prisoner of the charge in
the indictment coniended that the evidence
cOntradlcted anv malice on the part Of the
prisoner; the evidence disclosed no premedita-
tion on the part of the prisoner; if he had pre-
meditated murder he would not have chosen
the occasion when SO many witnesses we're
about spoke Of that part of the testimony re-
lating TO the liability of deceased to fits; if the
prisoner had premeditated this murder why did
he not take one of those occasions TO carry out
his intentions had he murdered her he would
not have left her in the house as he did if
oner it is only that Of homicide or mansaught-
er as defined by the statute was it no, most
probable that deceased died in fit the Gov
ernor must make out fully that deceased came
to her death by violence inflicted bv the hus
band ; suspicious must not be taken into con-
sideration spoke of Millay's testimony as be-
ing drawn from the Prisoner when he was in
his custody as an officer; the prisoner then be-
ing in situation not 10 know what he said !;
this evidence should be taken with great eau
tion by the Jury; he argued that in his opinion
the marks of blood and hair upon the pieces Of
wood, exhibited in court, were occasioned by
her falling in fit upon that wood spoke of
she testimony of Doct. McKeen, by which it
appeared uncertain how the coagulation on the
brain was produced.
Abbott, Attorney General fer State.-ln-
dctment charges three counts. Every crime
committed, embraces lesser crimes. The pris-
oner may be found guilty of lesser crime than
murder prisoner is guilty either of murder in
the first degree; or of murder in the Cd degree,
and Of manslanghter. do not contend for a
verdict for murder in the first degree the evil
dence to my mind does not warrant it pros
ecuting officer should not ask for a conviction
of crime, which TO his mind the evidence does
no: warrant !; alluded TO the condition of the
Grips family might have lived happily here
and with fair prospect of happiness in anoth-
er world they lived in condition but little
elevated above the brutes it was the rum jug
that did the deed; he spoke Of its coming from