The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-22
Charge Of murder OF Captain Frazer, OF the
een Wlteh-Acquittsl o. che Accused.
UNITED STATES CIRCUIT COURT.
Before Hrn. Judge Ingersou


UNITED STATES CIRCUIT COURT.
Before Hen Judge Ingerson
THIRD DAT.
DEC. 20.-seseral witnesses having been exam
uied for the defence, (snd the prisoners journal
events board the ship having been read part Of the
evidence, Mr.. fullerton proceeded to up aging
the testimony and dwelling upon the danger of jures
coLvctipg upon crcumstantal evidence. The District
Attorney summed up the part Of the government The
Judge then charged the jury on the Law governing cases
Of the facts He said that although some angry words
were used by the captain to the prisoner and the captain
was subsequently found dead, thete was not sufficient
reason for arriving at the conclusion that the murder
was committed by the prisoner.
The jury retired for about twenty minutes, when they
returned into court with verdict Of not guilty Spencer
was then discharged.
Alleged III Treatment OF nm Adopt I'd Child.
DEATH OF AN ORPHAN UNDER STRANGE cIRcUM.
sTANCEs-vERDIcr OF cENsuRE, AND ARREST or
THE ACCUSED PARTY.
Before Coroner Hilton
Yesterday inquest held by Coroner Hilton upon
The body Of the boy Charles c. r. Hendy who died at
the residence of Miss parkhust corner OF Bedford and
Carmine streets, under somewhat suspicious circum-
stances The deceased it appeared orphan boy,
and lived with Mics r. adopted child and often
received i,eatmert at the hands OF his mistress On
Wednesday night he died rather suddenly which gave
rise to suspicious in the minds OF tie neigh
and those lsirg in the bouse who, knowing that Miss
Parkhurs had severely beaten the deceased about
twelve Gays previously, communicated their suspicious
to the authorities and il resolved by the Coroner
investigate the matter, the result of which the
mitment of Miss Pakhurst to prison a charge Of being
accessory to the death Of the deceased child.
The following is a report Of the inquest, as taken
before Coroner Hlton:-
Margaret Yese being sworn says-I reside Ia the
house With Miss ParkhuIst she occupies the back
the cond story and occupy the front room the
mn kvf w ubn anna a. IN ha r1
cate health; Miss r has occupied her about two
nths she brought deceased with her when she moved
in and then he in coed health; never aware
that he was rick; have never seen him beaten, but
have repeatedly heard his cries about three weeks ago
heard him cry from being beaten; 1t was in the night
time and his cries awoke me- heard the voice Of Miss
r.. he deceased slept wi her in the back room:
could hear beating him, and it sounded il
done with the open hatd; appeaaed to me that the
month ago. while / was below stairs, heard Miss r
beating deceased; this was on Friday evening aud
the following Sunday she told ne she had beaten him
that time for three hours she said she beat him with
piece OF whaiebone don't think that che beat him On
the occasion spoken Of as long the time she
toned il might have been two hours instead of three
after short interval would commence arain she tolS
me that the reason of her bearg him that he
20 sta e, Iecsd that i, is ut to say would not
beating roticed deceased had marks upon his arm;
saw him in the yard scme days after this when he APP
bca. him FOR about half hour; sick and in bed
nj the time, in room Immediately Ter that OF Miss
she teat him SO severely that thought she would kill
him; this about 4 o'clock in the afternoon and
about G'seek that evening two strange ladies came
and said that next door bad told them
Of the in which the child had been beaten that
they had examined his body and found It covered With
marks Miss p was out at the time bat the child at
teme; the ladies old not soy who they where
they lived have heard deceased beaten since then
hare often him ioce; he hi most
OF the time saw him in the yard on Thursday last,
when he appeared to be wen have had no quarrel
r Inst md Ytuh haar ri daeA od
hi Death was on last Wednesday evening; he
terg sick Of the ladies Who called see me- and Of
whom have spoken, called 10 my room on Wednesday
since she last called to her that had not heard him
beaten she said she had been in to h and that he
With him; this the arst Knew Of his being sick
Other Witnesses, mostly Per re idng in tae
house neghborhcoe ~e,e exsnit ed, and their test
mony corroborative of the shove DR.. Machctt
testified hat he attended deceased for disrrhoA but did
not examine the body, ard consequently marks
Dr. Thomas Finnell estiaed that he had ma le post
mcrtem examination Of the body and found the body,
the top of the he'd halt rch in length extending
to the bene the large and small ntestines showed signs
Of recent inflammation the cutcle on the back
moved the space Of inches in length and 10
bresdth the brain Intensely congested and this in
his opinion was the cause Of DEATH; the inaam-
Death, orly 50 f.r at Il weakened the deceased:
the injury the back seemed to have been
Death further than the might have produced;
the same Is she with reference to the bruises very
slight causet would produce the bruises deceased;
the injuries on the back did not extend beneath the skim
he was rsil feeble chd whatever produced the injury
oo the Lead pcduced the e,pgeslioH Of tie BRAIN the
injuries the body Of such character that
aa'isfed lie severely beaten these would tend to
PROSTATE him. but could not Of themselves produce death
tbinh the wound on The bead was sufficient to cause
deah Independent Of the injuries on he body falling
against the edge or corner Of trunk would produce
wound on the head similar to this
Jane |ree!srd, servant in the employ Of Miss Park
hurst. testiied-Tbat Monday last the deceased
stumbled and fell against trunk in the room, and by
this ceived the cut in question: heard
bin complain Of IT,; Miss Talkhurst and myself were in
The when he fell
The THEN given to the jury, who rendered the
folk wiz g verdict
'Iea.h by congestion Of the braip superinducad by i'll
treatment at the hands OF Cathain Parkhurstv
Deceased was native u Canada, and four years nine
mr. nths I'D
Ms raIkhurst was committed 70 prison TO await eta.
min alton.