New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-09
house q the accused for the last fourteen months be
does lot know what business carried on there.
In IA az .hia nd tha ncus.J mana.

nearly o clock the morning of the day the murder
is SAID to have been committed? Why are not the
names If those persons vho there that night
disclosed The complainant does not state that there
was airy blood anywhere else, except upon the wall OF
the lower entry. yet blood has been foutd upon the
fence immediately over the cess.pool, as has been
stated by DIR. Chiffon. IL TO me very extrsor-
binary that blood should be found at those two places
without any explanation being given for II. II Is an
unusual place to find such marks, and any accident
which would cause ther would be apt To attract aten-
ton. There are few persons, if indeed any who are
negligent not to observe that the walls OF their
halls dnubed with blood, and if the cause is I'M
known to them, not to demand an explanation from
then servants. What could that blood come from
From fight L. il not circumstance to be remein-
bered? Could il be from killing animals for domestic
use Halls in house not tie places to exercise
such functions. What could cause il ! Dr. Chiffon
thinks that the blood coud not have been there
than a month"; ard all this is unexplained.
The duty Of magistrates is not TO weigh cases Of
doubtful evidence. The question is not whether the
prisoner is guilty, but whether there is probability in
the mind of the magistrate that he is guilty. The
rule upon which must act is laid down by Chilly in
clear though general terms " II there be" says he,
=" express charge of felony upon oath against the
prisoner though bis guilt be doubtful, the Justice
I" cannot wholly discharge him, but must commit
him" list Chilly, Grim Law, 89D. All the authori-
ties coincide IN this doctrine including statutes.
l Certeiuly expected some witnesses would have
been called to have explained away the suspicious
circumstances which surrounded the case. If no per-
son had been in the house Of the accused on that
night, might not have expected it, but when there
were the fact of not calling them appears dubious.
Had the counsel for the accused wished to keep the
case open until he could find the gentlemen, l would
have done When evidence is kept back which can
be given, it attaches unfavorabe Prescriptions
against the accused Such conduct can only be at
tnbuted 10 the supp0sion bat the truth would oper
ate aganst him. Upon considering all the facts in
the case, am compelled to hold the accused to an
sHcr.
Mr Busted Immediately seized the manuscript of
the opinion, and remarked that to say he was sur
prised at the decision would be falschood. lie
not surprised; but the decision was totally unwar-
rantable in law
Judge Connolly What does the counsel mean
Mr. Busteed-I mean to make q motion, Sir.
Judge Connolly said he must hear the motion before
he would hear counsel.
Mr.. Busteed-IOu must hear me first, Sir.
Judge Connolly-No, Sir | must hear the motion
first.
Mr.. Busted ,vehemently)- must hear me- Sir
The counsel proceeded to say that there no test
moDy before the Court confirming the statement of
Catharne Muhearn, that blood was on the wall
Judge Connolly-The counsel must confne himself
to the record If you want TO sum up the case again
Mr.. Busteed-No, Sir, (empbatically and bitterly;
not before Mas Court. will, Sir, do my duty a. fear
essy counsel can. wish the Court also to keep
to the record.
Judge Connoly-I have done so, Sir
Mr.. Busteed-Wel, believe You havn't, that's the
difficulty between you and me- Your Honor stated to
me and to the public, that unless more evidence was
given you could not hold Mr.. Willis.
Judge Connolly denied this, and said that what he
did say, was If no more evidence was given on behalf
of the people, he would have to if the prisoner
could be discharged.
Mr.. Bus;ecd would not 60 into co,oqual discourse,
because the Court had the accident of power; he
would do his duty in spite of any court or any man. as
counsel to his client. He then proceeded to state that
lis for not requesting that the case should be
kept open, was that the Court had said that there
was no testimony to hold MIR. Willis. (Ironicaly.) OF
ly this Court could never err, either through motive
otherwise.
Judge Connolly-Thc counsel in his remarks will
please not throw out any insinuatons against the
Court have the honor to represent, MIR. Busted.
Counsel-Why, am acting well; 1 am admitting
that am mistaken ironically; oh, yes, of course
am, and think you ought TO be satisfied. But assun
ing the error to be all on my SIDE if the Court
qures testimony for the defense am ready lemphat-
icallyl to give it nor with great emphasis.
Judge Connolly will take till 10 o'clock tomorrow
morning to decide whether l will reopen the case or
not
MIR. Busteed--What do you intend TO do in the
mean time :!
Judge Connolly--Commit him to prison, SIR
Mr. Busteed-Mr Clerk, will you have copy of
this opinion made out for me, and possible
Mr.. Busted Ito Judge Connoly)-DO | understand
your Honor to say you will not hear testimony now
Judge Connolly--The Court says it will take till 10
O'Clock tomorrow to consider whether it will reopen
the case.
Mr.. Busted repeated his question several times, re-
ccvng precisely similar answers, and at length said
" Well then, you refuse to take our testimony
Judge Connolly Ito the prisoner-Mr. Willis, you
are charged with felony; you need not answer any
questions unless you choose.
Q. What is your namel A. Robert b. Willis.
q. How old are you A. 80.
q. Where were you born! A. New.York:
.. Where do you live A. No. 5Sl Broadway.
Z. What is your occupation? A. Jeweler.
q. Have you any thing to say-and il so, what-rel-
alive to the charge here preferred against you q
Mr.. Busteed said he would answer, as counsel, and
did so as follows
rne se only %itns. pPodacpd
have further 70 say that ctsd the part
OF S ssS By the sy GI Ssas IN @
connection to the that ofhe house in which
Of %. was dsssed examined and snpied BY order Of that
McgsIae aud the fact that Mrs Rockf who was brought
same room with Catherine Muhes previous 20 CathsIines
the stand BY the masstrse
snS Mahe an had sworn to wholly false And justice
to my. here charge. and stand ss's to prove upon proper
held in violation Of my rights aud in violation OF the laws
OF the land and against the evidence produced by the people 20
Judge Connolly supposing that the answer was con-
cuded said that the ipsinuaton as TO suppression OF
evidence was not in accordance with the facts lie
subpened Mrs. Rockf at Catharines suggestion, but
her conduct in Court such that he did not deem 1t
proper 10 use her as witness knowing that by making
her witness under the rules of evidence the prosecu
ton would be debarred from contradicting her.
Mr.. Busted then said he had few words To add to
the examination of the prisoner, "a follows:
Aud In further proof tue truth of my allie cations refer 20
the fact that Mr. Justice Welsh OF this city upon the affidavit OF
Mis- Rock and upon testimony before him. issued war
ran, for the Of the ssd Csihsne charge Of perjury
upon made before Justice Connolly
OF murder That the said Csharne now in close custody upon
that charge prisoner aud tina, Mr. Sidney H. stewart the
counsel who represented her the counsel in whose
handwriting the affidavit is which was originally held
further sse that that alton before Nj Justice Welsh
still pending. and proceed tins afternoon by his order at
O'Clock.
Willis was taken below and handed over to the War
den of the City Prison but not until he had signed
PETITION drawn I'D by his counsel TO be presented 70