The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-10

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yea wh these rules gentlemen, and bearing them IN
nd viii now proceed 70 consider the Gaze before
ms theory on tho part Of Vie prosssaon u tAa. NE pr
unisled the offence, because b manifest that
sAe intended do and this intention Indicated by
the threats sbe used and intentions expressed threats
Of carrying them into exclusion ana The rssuk hroa,es
cd had been produced, thsn 10 strong Circumstance
ss.sn the guh upon party, 70 show threats used, O. IN
peuBsr importance and oven controlling. be.
comes important for You, therefore, gentlemen,
so consider The proof Of thevarious Witnesses n re-
threats or Intentions were avowed by the FsOper
do NOT think necessary, after the very aide and full
have observed during the TRIAL tina, you have been
attentive listeners to the evidence, and have doubt
that all the prominent points Of are engraven on your
memory. You viii remember that The important test
m0ny tbs subject that Of Hannah Conan Davis
policeman, Wilson, and other parties Of less sgnncanoe
These Witnesses have testified TO specific threats, and
they 10 be believed, shows an intention on the
part n VIC accused 70 hlfct some injury on the
10 ,Ss connection well for You to consider tho re
between the deceased and the prisoner On the part
Of the people shown thai they first became inmates o
Abe houee about the rs May, 1855, and that
the statement Of Hannah Oorhn Is be believed about
the LIST Of December following the prisoner delivered
the father Tina, on the LIST Of May following the
deceased rented portion Of his house the prisoner
for year and they continued inmates Of the house
up 70 the time Of has death II would seem 70 be quite
tain that al times they not very good friendly
II the witnesses 70 he believed she frequently used
and INDUCED in angry feelings the deceased and
II for you 70 say, gentlemen whether these expressions
wero the result Of wounded feelings unrequted aec
ton, or n6debty 70 him, or the bghed objects Of the
must bear In mind that there much testimony going TO
show that the deceased many OCCASIONS held 70
,S n,,a n .nd q Others Thai he was pays asnSns 70
that subsequently, and the 18th OF October 1885, they
were married Whether these expressions Of the prisoner
are 70 be attributed To his funent Of this engage
mont, from his refusal 70 make the mar
risge public AFTER IL had been entered into, that
sa. ,@ yea 70 cay you thns INK, these causes sS
TIRE ats a revenge satisfaction, expressions d
~ feeling proceeded from Mis- cause, would be tas
bed IN AtTibung them 20 that source IT. the contra
ry you think they proceeded from deadly hate 10
deceased and indicated fixed determination her part
70 do hm personal injury and 10 the extent expressed
then they are 10 be taken strong evidence Of such
intent and Il you satisfied the prisoner had the
power, 10 the condop, and could otherwise have
committed the offence charged, evidence hak such In
tent was socomps he'd This leads TO another inquiry:
could the defendant commit tho offence chargedf And this
leads 70 ne inquiry as 70 the transactions In the house
the night q 9Oth January would 70 be indispua
Die that arranged In The early part Of that day nat
Miss Helen Cunningham should 20 with DR.. Beecher %
AS .ooS Is his s ara ,eensn. wss made tbs AnS com
neDced preparations for thai Taking the testimony
OF The inmates Of The house. except thai Of Hannah Conan,
prisoner Eckei two Misses Cunningham, and tnodgrAs
were engaged Ill eleven O'Clock In preparations
isush.ers cocupyins he sane bed II Tie third story Si foot
ROOM at they 80 occupied until morning. the prisoner
sleeping In the middle between the two daughters thai
hey srusc tbe next morning and all tpok breakfast TO-
gether az usual, except Mr Eckel, who called
away by note ffom Mr.. Ely, ss he proved; thai
ler breasfsst they al retired 70 their apartments
se,ber this third story front ROOM where they were
when Hannah the cock announced them the deah Of the
Doctor You win also bear in mind the statement Of the
daughters 10 The dress Of their mother Friday and
Saturday. Now, gentlemen II this testimony true there
be no doubt that the prisoner did participate her
self IN this bloody tragedy. rs for 700 10 say, amer
careful and deliberate examination Of the testimony s
Ing thoroughly, taking Into consideration AL the relations
Of Me sisIesse. 70 the prisoner and the circumstances
narrated by them, and oorroborH,ed contra
ticed by ether witnesses, 10 say wheher s
such testimony ~ you can safely rely upon.
Dounoed the part Of the prosecution. They rely upon
the threats by The proasr towards the deceased and the
blister foe5ng, the III VIII which was 70 frequently mani
fe ted by her towards him. that having been
him and being deenous OF getting speedy possession OF
part Of his properly a ndaceneni 70 The commission
Of this crime that these u,ssves Induced her 70 commit
this crime aud adequate motives therefor DOM
thn noccesry 10 Into al the oausee urged upon you
state Of feelings between TIE prisoner and the decoaed
Nehcr IL 70 necessary 70 refer 10 Tie times 81 which these
hrea were expressed If the testimony Of Hannah Con-
very Cay Of the dealh O. the deceased showing COZ
contnaed expression Of III feeling towards the
icoessei By TIE prsoner q The bar for several months
NJ least They alec aIegs that she did IT, Asd hsi
he day Tie deco committed she sscertained thai
boArder N the house Mr. Cllnann not 70 be g, home
until late IN tie evening hal she procured the prepare
Of Gre the attic 70 be lighted, al any for
lhe purpose Of destroying the evidences Of her guilt thai
II rsuss have been committed by some oDe In Tie house.
and hs, che the only person In the house that day who
could have had any adequate motive FOR committing tie
crime, and therefore, that eae mus, have done H. Th,
street Ike de burning Of clothes or feather, and that
such burning took place hey say, "a evdsni from the
,esrnony ., M p.rsay o IN n rs'e creme 70 Mo @
your mind Dr. srnys going oct In the early part Of the
evening when be smsed o1oosive odor MS returning
be teed more strongly than before which he describes
Different door, and the Ist be dstnguis hes arising
FROM The burning q Laher or WOODEN cschins In this
connection you vii beA In mind The statsrnent q Dr.
smith and a his sonthe fact tina; Dr. Smith had thai
vsry afternoon beee burning 10 his stove pieces q cloth
gscn from tbs osuse u for you 70 say You viii also
remember DE evidcpce a another witness, that be
.ssoDed de SANE NIL sSoss oss o'eoes, and also
ooor earlier; also u sto,hef witness, who passed
upon The nrcoi nd AID no< smell anything; Ass q Mr.
Ulnss. VITO came In sbous harFAst IL ., night, and
sinsed pcshns snd q The eAieonts Of I'll The inmates
of the house. whom undersAnd 70 agree that thsZ
psr.epeed nothing o. his hind. n am IN erro. IN ts
oonsl viii correct (Ccunse ssssnted 70 The saie
uent) ffser there Is the 6oory sha, was tmpossise,
from experiments which have beeo msdc, TIA, ths could
hOse, ana eIisns toe-e sor seuse hours, twelve or
twenty -four. "a for you, eonunen, 70 take al these