The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-08


0r- ming speech oT~E7r. Clinton en ono Peat
Of Mrs. Cunningham.
r Clinton then AMID profound sllopce, and IRE
coded To address te Jury behalf Of the dcfenSant,
tso following languagcs-
6EsT1Esscs OF TIE Jvw---ANhough altogether
rc-s.omed 10 addressing jury in capital osses, fhave
risen to eAdres1 jury undcr circumstances ko
WHOSE surrousding this have never bCforo
risen address j1ry whore ths prosecution he'd 30
closed their evidence, End all felt not only AG. tho
prosecution had utterly ailod to poin, tho finger OF
well grounded suspicion towards tho prisoner az tho bar,
but where the prosecution had proved no. on'y the
opening Of the Rsric. Attorney unss: and" rngono
rous but where o prosecution had proven beyond persd
venture tina. sho stood tho soundsn duty Of
e jury at once 70 accuit the defendant. Tho District AZ
torney in opeang tbs you, gentlemen tes thong
he supposed that who, since tho elss Of Janua
last had been dsesed and haunted ss hoaghsho wore
Wild beag when she into q court Of Justice, bof
twelve honest sud finally have ehcw Of do
csDcy In bcr beha,fD with view prevent you rom nv
ing uttcrrnoo ~ tho eliD rs OF manly sympathy VIA
psrvnde tho breScs Of every honee. r,ar, saw d
In advance Off word Of tes nony Gle OF as
tho tho. God cros,ed-as Swsman Cos
seems by bis deroypuoo pf her) deused BY tho yery
monarch OF he'll himself his SPECIAL vicegcrcn, npou
earth have ost@s r,encd with pleasure " zy Ice mnoi
friend he addrcssss ures IN capital sndohs cr gnal
cases. and VITA, my vpriso, when eov thu, no
usually fair, cS.dd, scauiious 50 us-had over
stepped all bounds OF nc deration eoosoatns him
self with stating tAo OF thc which no or ec'ed
70 prove but a. ny associ .s ssid no rrrsaok q tho
classos-he travelled a history, sacred an
dcrnwb view 70 s.ect 70 Gao hends In ertor q si ho
nigh, typify by OF the character Of me,
fortunate client But gcntm tho very epGng Of tho
District Atorney-had there ec-n dsrscr Ia this
de.endani--rcnde-ei- Ter &C rlttsl God
Almighty could, until you rive q; Tho end of your
duties IN this scy IN rendered SURF because,
Notwithstanding the prelude rhich has surroundod s
oase, and with which Co conn spoy, Go oersn oNent,
have been imbued essutne that y,u viii decide this
case upon tho sydance and u ct yen will act upon tho
lawn her words tat 700 VII scs ~ rner. In tho
br opening which Il "a my utenton 70 mako 20 you
shall NOT 30 over MI tbs ovidsDc t's ehal
etop, The counsel sprposcd would, 70 dspct the an
gui.h and ~ o.f IT has msered shall Ios stop
10 give voc any account Of that aeuSe ne soeso hesp
cd upon her by tho Dstrict uorney-sho o,s-agoous
abuse-wouli render unwo, fhy tbo name Ct nan
were mo, 10 eay few ords In hsr defence wh,ch are
called forth by the remarH Of the District Attorney him
self Her position n pairel enough VA best 10 toi yon
that sho came before you "a ve.led. ase OF sofsos
ed 10 have oxperenood was en,rely fss5cd."
and unfortunately she ooaass roor. you wan teo.woeds
az vdevbcod II s not the Grit din thai her hear. has
been pierced with Sngsst. Is mo-; tse f-t tine that
she has been called upon dephue be loss OF her has
mimi tho anguish which rer her so,S. when, scsfcsy
three short ago tho tur5snd Of or youth was en-
stretched upon bed Of sickness b ,rsf Cad IS sso SUI
poscd about 70 be drilled Into he IVAN a eternity sEs
usesAa, his spiri, had found az way anossr. snd We
trust, better world. Yet ges1eme she paher rss
has como hrUngh hvnsc2Aed. gnoo fhai usps s1s
rapidly sd smoothly bono down fc ST van Of toe sD
unftn. ely for her. ss ds.hed ur- cpchn lef
hlsty fearful ssddoIly thew has sse1e ou
from The horizon &C her future, not rat at e<hse,
c srave,as oloscd over her huzbaDd ,vA her earthly
hspce al caicmbed. Bot al lac. the W OF destiny
H.T, .s op9s ' o i Aney sa you MAI
sho haunted that man for years, dog ~d him - |
syery sep n sasnc and priys.e-hsi shc ~ set upsa
Has tie pr:c Attorney proved any srnh etse OF fa~f
to...ive 'hsi = var "a er,or yea psa sSs',uy
esi irsror1Yaed Der with bis sfcone thai he came 70
Lsr, oeutcd her, end pnid her every attention vbs any
rradct There arc tbsse wka krswtha. shc AID
Coz ha,ni and dog him about, but ssai sic ever
she shsd 70 stand ue 70 introduce tIto dc best and
s,us. rspsab.e .soqaalnAnces haa 40 sycr Dad.
beat p.ssed when L. was ssarns, a. 10 sup
rseed, sscsi honor upor her, Why DID 80 District AZ
could prsYcG nd besrposo thati vas Go siiseci Of
roof No; b. Old not expect within Tho rSss OF law az
ssss tss - PTSv' Mig q si sS fs sspaS
embirered vti silnder IKE iha2 Was a. gsuesnou thas
he supposei hst you wouito influenced by ds1AirEton
10 disregard your oALhs2 | CA hardly buk thtf WIZ
was in 10, hx. his subecneui rcnstls, e - sheaa
address yoa sfSrIn gcp gpos @,t point Bass pro
w take tho liberty of calling ycur attention % ono or
two rules o. law shct 1c oour, pm ~ dosn for yoar
sudcnce refer c attention OF ihe Curt ~ Ne e-st a
Grcenleafo On Evidsrce, see1on b.
IN si.l ss..s e ssegt y nc ssiaseS q ne yhoe
& prc,s W. bai az !, e , W e eysy % W.
pshesis but thss ef thc gsii Of tsc party.
in other voyds reneucn e RUE Of - governing yoI
N ths e 8inply ihsthn unirss the Circumstance
proved IN this exc,c every Dther hypothesis than
That q gun, u "a your sundon duty 10 aoql1 This rule
l. oosi eta ed IN "nest, presufnpt) p1go gs2 VIII
tokc heiJorty Of reading from u5 book upon ths pon
The eviSonoe agsinrt Dc accused shoat DO sch n 70
exclude oe moral certainty every hyphosl bui that Of
bio guilt Of 'Ao offence imputed b him" IN other wDis,
y al the circumstances proved could be se and get c
PARTY Innocent, acqut III H. circumaance arc
consistent With euh Innocence either. IN, you must
aoieh tnl upon his point vii take The liberty 81 call
ng yonr ATTENTION. gentlemen, ont thet Ct Tho Court 81
ew Illustrations Of THIS principle for ne shall show you
prcfenty II the pr1seCation had proye Senty foil m re
han they haze, that sOud not avail thom within
HE rule 81 law. I BOW read from Juigs |
5imcnde' change N The Jury in capital csJo |
epa,ed IN ihe FUN yosumf d iee New YTs 10 ! .