Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1857-10-01
Err.
Nj Es II. DoNNELLY.
BoUTH COUNTY COURT.

was the matter: Moses said in the presence OF
Mrs. Bradford that he won $55 of Donnely.
The evidence in the case here terminated.
The Court adjourned till 2 O'Clock. The argu-
ment commences this afternoon.
CosvIcr1oy OF JAMES p DoNNELLy FOR THE
MURDER OF sAEBEsr S. MosEs-GHARGRs OF
THE CotaT-V EaeIDF os THE JgRY, &c, &c.
SATURDAY, Sept. 26, 1851
The lengthy aud somewhat tedious trial Of
James P Donnelly, for the murder Of Albert
s. Moses, at the Sea View House, on the lst
of August last has been drawing to a close,
resulting in the conviction of the prisoner and
the probable Insanity Of a fond and aged faith
err. Never were the inhabitants of Monmouth
county SO excited upon criminal trial as they
have been for the past two weeks in the case
of Donnelly People came from 30 and 80
miles around to hear the closing arguments OF
the counsel, aud when the Court opened this
afternoon, there could not have been less than
FIVE thousand persons assembled in the court
house square, all eager to gan admittance to
building not capable of holding an audience
of over FIVE hundred So great was the desire
to obtain admttance that it was with some
difficulty that the officers could preserve order
so as to enable the argument of Mr. Dayton
TO be heard The address of the Attorney
General was an able one and was listened to
with breathess attention by all who were
70 To fha
room.
JUDGE VREDENBURGHs CHAR9E.
The Deft Gentlemen is indicted for the wiful
murder of Albert s. Moses The case presents for
your consideration four questions
First: Is the Albert S Moses named in the lndict-
ment dead!
Second: If he is, did he die by violence, at the
place, and the time and in the manner charged III
the indictment
Ttird: If he died, was that violence inficted by
the defendant.
Fourth: lift was, what if any, was the degree of
the def is crime.
First: Is the Albert S. Moses, named in the indict-
ment dead!
David g. Lent tesifes that he became acquain-
ted with Albert S. Moses, in tennessee, in the sum
mer of 1855. That he came to the Sea View House
on Tuesday evening" the 18th of July, 1851 aid tina,
he saw Moses here dead on the afternoon of the
ISL OF august lHlS Is Sulcleut II you DeleVe IL up
on this point.
Seconl The next question is--Did this person so
called and known die by violence at the time at the
place. and in the manner charged in the indictment
The indictmet charges that Albert s. Moses, Oh
the LIST of August last ct Middetown, in this county
died by reason Of a stab in his throat with some
sharp instrument.
Il is testified to by the witnesses that this Sea
View House, is in the township of Middetown in
this county that OH the morning OF helsto of Angus
last they found this same Albert S. Moses lying on
his bed in No 81, with stab in the left side of his
neck, bleeding very profusey that he kept sinking
for an hour Or SO, and then died. That tie wound
was inflicted by some sharp and pointed Instrument
was alb )ut two inches wide at the external orifce
ak inches Deep and going nearly through the neck
from left to right, severing in its course the left jug
ular vein, and branch of the carotid artery tfac-
turing the gulet chipping off piece of OF the
bones of the neck cutting the sheath of the carotid
artery, and the cartilage Of the wndpiEe.
That in the opinion Of the Medical witnesses this
wound was sufficient to and did cause his death
If you believe this testimony, you may consider
the two first propositions as established by the State
The first, and very serious question in this case is
was this violence inflicted by the defl and this the
State is bound TO prove to you beyond all reasonable
doubt. By reasonable doubt, is not meant absolute
certainty. There is no such thing absolute GER
tainty in human affairs. For if hundred persons
swear they saw it DONE uhey might be peliured or
mistaken. But you are carefully to contemplate all
the facts proved or given in evidence and if from
such review, you have doubt of defts guiit-if
your inward conscience answers | doubt if he is
guilty, you shall acquit him. But if you have no
doubts upon the evidence it is your duty to say so.
and leave the c0nseQueneesto Providence. The i'm
portant question for you is did the def do it? This
is question entirely for your consideration 1t is
the duty Of the Court to lay down the law; but Of
the jury to decide upon the facts It's not the inten-
tion OF the court to express any opinion upon the
facts and if they do it. it binding upon YOU
IT IS your conscience and not the Court that are to
be satisfied. 1t is claimed by the State that this is
proved directly by the evidence of the deceased
The State claims that it is proved by the dying de-
clarato is o. Albert A Moses that he was awakened
by the force OF this blow and saw the def in the
act. Before you decide what these diving declare
lions were, and what weight they are entitled to-
there are preliminary questions for your considera-
ton The Court have Permitted these declarations to
be given In evidence to you but this is all thev have
decided. The probability and weight of this eyi.
dence, it is entirely your proyce to decide and
IN doing so you ought TO weight all the cir
cumstances under which these declarations were
made including those which were proved to the
Court before they Were admitted and to give to
those declarations Of the deceased only such or dit
as upon the whole you may think they deserve In
the fist place you will recollect that these decara-
tons were made by he decd when not under oath
ana when he was not subject to legal cross-exam-
nation. In ordinary cases you are aware that such
evidence would be worthless, and not admitted by
the Court. But the law makes this execution that
where the circumstances of the death are the subject
Or the dying declarations and the party making them
IS suffering from sudiei, aid extremely dangerous
wound, creating in his mind belief, without hone
oil certain AID very speedy DEATH the law considers
situation so solemn, creating an obligation equal
20 that imposed by another in court Of Justice =
You are then to consider in the first place if Mosa
When he made these declarations was under the be
he that he was at the point of DEATH and every hope
OF this world gone In deciding this question YOU
VIII but look to the circumstances in which he was
proved to have bees placed. And second to what
ne said and did and what was said to him. As to-
the circumstances iii which Moses was placed whe
be made thee declarations, were they such as to
creai inhls mind beefin almost mmeda, death
he hal When undressed received the wound of Which
We nave spokel. IL must have bee driveI through
nls throat with great violence. If awake at the time
must lie not have had some idea of it. force if aseep
would Il NOT Instantly awake him. And cyea i'll
asleep would he not when aroused to consciousl ess
nave some distinctive feelings Of its de 9TH and re i
business. Mast nstwhceyer did it, illtelded instant
Death and would it not be natural for Moses when
ne found the blood spirtug from his throat, to be
ieve that the person who did it, had effected his OBJ
lect When be came to CONSCIOUSNESS d found the
blood gushing from his throat upon the bed, upon
the floor, upon the walls as he passed a!ong-when
ne found that he could not stop it with his hand
waen ne fourd it spirting against the walls Of The
= hl,.as he hurried past--wlel lie stood near the