The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-16

cton mlss thsy were before sogutans Daa Ne
vino IVES about 10 be oennxesd, a. bed, - Ne nv
s.ns y oos.sslsd s,seA q sss'tsd ne pasy o. pass
labed upon 10 answer before another tribunal
rs amer the fAc-thas b 70 say, ~ parties who know
'ssr.ed or ssordsS prossouoD . snc nurSsrsr
but 40 understand the hw 70 -, ew inquiry i nnnsd
o the finding "a how and BY What means Or. Harvey
naauva one but oocassoned by Violence what party
Or PARTIES committed the crime, and who were soces
aoIies before the fact TO ~ commissiou With this ex
PLANTATION Of what cohesive 10 be the law applicable 70
principals and accessories you viii DO good enough 70
consider whether you safely 70 the CONCLUSION
Swes: spoken q By Farrell and = The time they heard
them, they any one moro Of them know that the
murder vas being peYpetrased, ana he'd previously
previous arrangement remained Suesoens auditors Of whas
while the murder wAs In OF poFpetraou
you should be Of this opinion, snen you viii BY your
fYdict send for trial al those up0a whom you believe
eevdepce has nxed beyond reasonable doubt the crime
OF accessories before hs sct Tho sleeping arrange
tors the sending The servant to btd at an earlier
thar usual are worthy Of your consideration We're ne
sleepng arrangements made BY reason OF journey 70
be undertaken the following day ~ alleged, or Tor
another pufpose9 The smell Of burning, - OF wooAen
leather spoken Of by several Witnesses Will NOT have
escaped pour notice Couple thus with the mot that NO
nsen other clothing belonging to any inmate Of the
house has been discovered stained with venous OF arer
BLOOD the inference u thai The urderer proceeded %
bh main object accomplished, 10 destroy the gar
mepts wore spott and besmeared aDc In all voba6h
~ saturated and bspssd ny immersion ia toe blood Of
msrts viii make ss~ observsuons upon the ra.are
and quality evidence before ~. Egitenee y either
arect and positive or presu mpve ana ca cnmstanaa ~
direct positive whero the very Acas IN dhpute are
by hose DO have had actual knowledge Of
The by OF t1eir scpsos. Nov, no ono saw the
muraer committed when evidence 10 not direct, Is IA
presumpsive and crcumsiAniia that IT, whore fact 10
not directly and positively known, presumed or In
fen ed from one or more other taos which, are known
Wheye drec. evidenceof the fact In dispute wanting
the more Jury OF tho surrounding facts and cir
GUMS the cosreos their judgment likely 70
IL possible thai circumstances may be mis-
seppsseBted, acted with view 10 deceive has the
shoe context OF oircur stances cannot DO fabricated
5epce vol supported and consistent body Of rrcum
direct eveenoe OF . fac-that Is, the do
syee OF epcs rtatnsy which arises from . doubt
hs: wsios srses upcn the uueston neither proper in
ference has been MADE from hctA we'll Asoertalneo
Where several Independent iAcs ~ In this case conspir
10 the ssroc concuson and are supported BY uloonnto
I'd witpesres the weight OF the evidence Ia increased
Arising from the improbAbily that these ,naopendoni
sttDtsses should be MISTAKEN or pcriurei and that ii
the should ha happened oourAry 10 the
usuA AND Ordinary corrse Of human Affairs
Geptepen, these AL The observs, ons which thinl
por,nnt That FOUL brutal murder bas been com
,ned IL clear. The evidence appcays 70 me TO exclude
be by po'hesv thai was committed b! any one who
not II mate OF the house OF the murdered man
!hore evidence from which We can infer that VA
TO- the purpose of enabling hs urderer pos
bp,se IN aedstcy, and the spot Of any properly
which DR. Broe bad about his person or In bis apartment
Although there evidence OF qusrres and dsputea
Nappeart to me that will be OF opinion thk they 90
rot esaoiish sufficiently strong 70 enable You
conclude that revenge for any real o. supposed DjuYy
tclusted the murderer. This, ho~ever, IN matter fca
yoHr consideyaiion and deceon Allow me- 70 saY that
you collected, think you have collected, from
he observations which have made on the case, what
ny Individual opinion OF tho case or the force OF tho ev
oence sne cling any individual wb0e name have men
toned beg you will not ec In the slightest degree nau
enced by what you may conjecture on that head. Ny
opinion ought ITO weigh fec her IN tho scales Of justice
r. IN vnuYh han n
mine, nor Influenced BY me. Ny duty has been 70 point
Jour attention 70 the i.cs and surrounding
Unparalleled Gaze, and to suggest points To-
your consideration. You VIII, therefore, Yeoev
OF all the sc and circumstances in evidence before you
you come TO the conclusion that although murder he
been there e not evidence 10 put any Of the In
as Of The house on tneu trial % perpeAtors Of o. %
cessor~s before fac. the foul murder which he
been committed your verdict should be THAT the do
M murdered ~ some pe.;oc or porsons 70 70,
cries 10 Heaven Tor vengeance against the murderer yoe
VII lake that the arrows OF retouvs justice ars
participated the murder TIE maxim Of tbe law u, Mai
better thai ten guilty persons should escape raahs
ban ore person should suffer On the other hand
hc pAtes vhoee names have been brought before you
this inquiry haze their rights, II Is my duty 70
tell you that public justice has her demands on you
enable % we're ess thai The
rccsty sbouid be altogether Dissolved, and man return
his original rate Of bsrbarsm and savage liberty
and exs cptoper OF tho man who hes deprived him d
OF his kndred-oeiter, say, should his sste
ss s1 iran na ~ s,ar " .Ss Dssnrs
rbeiy IN expcc aton OF receiving protection In their
persons and property, find that What hey he'd trusted
rrsTe srisirg from tares ri whose hands justice do
naDded taiiDs (nom whatever cause 70 imuaierAl
tes,e''y and i.i,hfay 70 s'oS,'fs s se% aoV ~
crimes OF the oeepes. die can be committed
with tnpupny, the necessary CONSEQUENCE y VA,
20 u eiy view and crimes. even those or the groaIer
srocy ike the one We are D2u'rtns into, VIII mulupu
10 fssrul exSnI would further sex you o be gudsd
by the evi ence and he evidence alone DscgArd afto
gether the commen which have been made outside thb
room. such have been pubiisoed, and You may have
dnseri CO mmeh, on and disw conoIuions nom ,ne ev
aence given here. Lea mot your Judgments be ssAyee
by The Opinions Of o<hcrs The verdia y 70 BE- yourA
You not oasd TO record or endorse The opin
ps and conclusions OF any one pandeTine 10 the morbid
appetite OF The pubic. Above ALL eeatlemen. DOM VI
your vs,ses be ~ spy Ice, o. c0%msns On
on, ard porbsps denounoed In the quarter 70 which
have REFEREED but, gentlemen be able 70 retire from
win sustain you under any ssssck 10 which you may be
subject me attacks On myself pcrsonaly, pass and V
come have ~ 70 the former, failed In ther object 1boy
have no, annoy ed irrated me- they we're INTENDED
,othey have been but ~ oew drops on the lion mana
dsspsted by gle shake and their existence scsrfp
rem and AL Other attacks on me WI mu tquAly n,m
less Dcnl understand rtnesnec, ~ asserting thai
I'm regardless Of the opinions Of others OF thas An
Indifferent 70 populsrity-po one could believe me
we're make such assertion but TIE pnpua AZ which
cove ana pr "a IL no, that popularity which IL run aes
and covctcS which follows the faithful and honest
dpoharge Of doty. Hsvrg, hope, no, inapproPr.sen
cautioned you the influence wh,h ought not 70 b
brought upon you when you consider roo, yer
DICT will bring my observations 70 close ~ yov
jfotn q fe,el. YOU will reform verd.c, 70 ,hsi
effect II you ,bipg thai Mr.. Cunningham was prcsent
aiding hm, before the deed was done knew tsa nws
be done, Ano Asserted 10 rs Commission, oounpeihrt
sad Alb .trr Echel ron will nod your verdict scoord