The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-02

Cumming mp OF the Case for the PrOsecutios
and Defsncc-Charge OF Judge Ingraham-
The Jury Sun Out.
COURT OF OYER AND TKRMISKR.
Resore Hon Judge In0Ysham

The Jury sun Out.
COURT OF OYER AND TKRMISKR.
Before Hon. Judge IngrAham.
The Court onyaturday adjourned to II O'Clock yeser-
ny and contrary general expectation, at first assem-
bled in the Circuit Court room, the third floor OF the
building instead OF the Supreme Court room, as previous
g The literally jammed with persons anx-
hear the proceedings, that was almost impos
see for counsel reporters 70 obtain access One
p6 the jurors-Mr. Patrick H. Moonan-kept the Court
waiting until nearly half past eleven the senior counsel
ror prosecution occupying the interval with jocular re-
marks and laughing-su unseemly levity strangely in
contrast with the importance Of the case in which
he was engaged in which the life OF fellow creature
was at stake. on the arrival Of Mr.. Moonan the Court
announced that the trial would proceed in the room he
low and after considerable pushing, crowdng, hard
fshtng and swearing, the Court, COUNSEL jury
porers of the audience made their way TO the
room on the floor below where the trial had been pre-
viousy conducted, which was crowded 10 Overlooking.
Mr.. Clinton summed up the for the defence,
Tying four hours after which the summed up for
the people
AT the conclusion of the argument Of the senior counsel
which occupied hours Mr. Clinton called his attention
a number of Measurements, which, in his anxiety to
make jokes and talk the audience, had escaped the
counsel They we're duly acknowledged when Mr. S H.
Stafford read number Of points upon which he wished
the Judge to charge in favor of the prisoner As they
reviewed in the Judges charge will be unneces
sary to give them here
JUDGE INGRAHAM's CHARGE.
Judge IDgraham about half past six, commenced to
deiver the charge of the Court as folloAs:-
The prisoner is indicted, gentlemen for the crime of
murder clause of the statute under which he Is in
dtcted defines the offence 10 be the killing of human be-
ing IN any without intending 10 produce death
when the prisoner engaged in the commission of feo
NY You will see therefore, that three things
saTy be proven-the is the death the second
occasoned by the prisoner; third that il was
engaged q
ny OF the death itself there is no dispute all the WIT
woman dead OF the mode of her death and the
cause Of there is considerable difference Of opinion
among the witnesses In to that part of the
shall omit at present any remarks until have
Serred to the other parts of it, The second question is
the prisoner present, and the death occasoned
by hmY That he present Is also fact beyond
dispute is not denied on the part of the defence,
can be doubted that he In this house and engaged
taking place at that time The history of this transaction
shows him 70 be the of entering the housenot
Cured there-and II OF course matter beyond dispute
that when he went there well probably ali the
others, the thought Of committing murder entered
their imagination Whether the thought of ever commit
ting the other offence with which they charged
entertained by of them does not appear from the
rmony The object their going there at tina, time
appears TO have been that Of getting drink or
Of the witnesses without paying for it, They
the house without the consent OF the pro-
P",e$OF that, That fac! also appears be be
time closed The entrance obtained by the sailor
and through bis the entrance Of the others
enected Upon entering the house, think, also, may
take for granted that all the inmates became alar ned
al their appearance The evidence upon that point also
appears 20 be uDcontrsdicted. All who have been
Amned either r om the expression OF their feelings.
from their conduct and the conduct of ottrs test
fed to state that they them with alarm rather than
willingly The prisoner da not enter the barroom a, that
time he remained in the entry gangway from whence he
down with others and the aggression upon
the members OF this household made by two OF the
o<ber persons who entered with bin-.he upon the
wife Of the keeper Mrs Martin and the other upon the
a that
s1me IN the harroom either sitting or lying down.
While the prisoner was still in the sangway so FAR as
could understand from the testimony OF tne Witnesses
two of TIE other persons who charged here-loole
and the saor-took this and carried her into the
gangwsy, either by pushing by dragging sm
lar means apd evidence OF those who ties
tilted regard her until after The
which had taken place IN regard 20 the rape which is
alleged TO have been committed Some parties in the
house LETT 10 ind officer, and the others their
apparently frightened, and none, Il ap oears fol
Sowed them into the gangwRy one Of the witnesses Tor
The prosecution who outside OF the bailing at the
time, and who afterwards 'eniered it, blackburn met
oue the rris oncrsnot the prisoner rial-and
the female in the ~ the time OF having connection
with her; who that female was he did NOT state The
piece OF evidence connecting the prisoner with was
the evidence OF Martin and his wife Mrs Martin took
candle and gong the door OF the room saw the de-
ceased and the prisoner that tine in bed, with him
upon her She recognized the prisoner She called her
husband he and looked into the room, saw the pr
having been person who had connection with the de-
ceased AZ that tI1e The husband then le; tue room,
after having seen him, as be says for the purpose Of
him that the lad had gone The occeag d arose from
bed. went the gangway through the barro0m nio
The kitchen, and there, after short tine died 1h Is
the gener al history Of the transaction you on NJ the
particulars from your memory without the necessity Of
my calling your attention tothcin. Now, the connection
Of the prisoner with this Transaction depends
upon the credit you give TO Martin aud his
wife because, far all the other matters are uvolv,
In this and there may be other testimony h.
show that he the premises and thai he renamed
there unul the last, there Is no testimony ~
show any connection between him an this female exert
the testimony Of these two porhons who
70 the connection positively. u ihey are TO ne be-
then there doubt that u prisoner do have
ton with this fenae and 20 far a. Tie question ~ conec
ton Is involved Of her death be would be
chargoabe with IT, DO not refer 10 the question that
arises with regard 20 rape, which will cal your attention
~ hereafter u s coDtended that the first Of these wit
who examined has been mpeached by the po
Ice officers who examined here, who stated that
they would not believe her un1cr oath. Il l. true
that there has beeu testimony here showing her good
character, aud that that testimony stood alone, uusup
ported by any other evidence she ought not be be
beved But that testimony " supported ts material
p~rte IN the fact " which relates do not spess
q the minor cireumstancesn Il SUPPORTED regard
10 the main fact which is Intended 10 sustsin-iha H.
The fact q the between the prisoner and the
deceasedthenN may be taken into consideration by you,
notw hstAndng the Impeachment, that has been attempted
Of her. 1his not the 81 witness who admits bis
perjury O. former occasion, and who proves that he
not 10 be believed, but Il j. the opinion Of other
persobs tina, she e not 70 be believed and that t y
not sufficient 30 destroy H. Whether her test
testimony Of The other witnesses. The evidence ~
the husband undoubtedly dos sustain on that main
point And IN reference 70 the question whether the
prisoner with this not n that room they
agreed i - also sustained BY none Of the other tcst
mouy the which relates b the time when OCou
nell len the premises whether you will give credit 70
the or not question, however gentlemen in
my Judgment, entirely for you 70 dispose u. You will
give credit which Is entitled, and you not
n your duty 90 reject u The husband proves the same
feet he Dot mpeacbed 20 far A. his character
cerned couteuded the part Of the defence that be
contradCtsd by other circums cesninor circumstan
10 the IN Of this Kind witnesses may
differ upon minor circumstances, and yet may be co~rcCi
upon The main facts N which their attention s directed II
h net always of this Kind that aGrays
cutcs taking place IN the streets, which the
witnesses talled ~ testify that every
Transaction IN the point Of view In thc same
hight, that hs memory h affected by The same cir.
CumsarCes Little matters may pass unnOtiCe1 by one
and be observed by another one witness the scene