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

not carry that examination az far as they might tAev
n was placed from the want OF that exsmust,ou The
doctor who made this post norton examination has told
you the result OF that examination and in the whole Of
~ far a. be went he saw cause Of DEATH and that he
formed the opinion that death produced by
choking and strangulation. In his testimony TO YOU
mere, ne mas added to that that he supposed
oduced congestion of the BRAIN and from
that she died The physicians who have been examined
on the part Of the defence differ in the OF rather
more than they do in the conclusions which they ar
rive They bave told you that congestion of the brain
could not have existed, because II hal the deceased
could not have walked but they admitted that eusoa
Oh pood on the brain might have taken place. and she
might have walked distance and that would have
continued until 1t produced DEATH but the main question
here Tor you to decide is whether the stranulaon
as TOOK place on the part Of the prisoner the
which led to the death Of this female do not mean by
that as suggested by the counsel for the defence that
was the immediate cause, but that the cause
II produced a state condition in her that
caused her death, then whether II the
immediate not il would still be he cause which
contributed TO her death Death would be produced by
the acts which took place during that connection.
Whether or not strAnguLon caused this affection of the
head, II II existed, whether not it produced her
DEATH is matter for you to decide by this testimony If
you are satisfied that it did produce her death then the
prisoner lie chargeabe with the crime; if you are not
satisfied that produced by that stranguiaon either
Immediately or remotely then the prisoner entitled
an acquitta These, gentlemen are all the remarks
which think necessary for me to make TO you refer
to the facts of this There some questions
OF law which have been submitted to me, many Of which
appear to me to be embraced in this one single
proposition. If you have any doubt about the facts
OF the case as they proved you any doubt ab tut
their being properly applied to the prisoner any doubt of
MS being concerned IN the murder If It murder
any doubt OF his being concerned in the rape il a rape
was committed If there is any reasonable doubt about it
tben be Is entitled TO the benefit Of IT, II is only placing
the proposition in different form. If you are not con
vnced that the prosecution have made oct their case free
from every doubt then you must acqut him The propo
son is simple one, and 1t is very often presented in
way that produces confusion The prosecution to con
wet the prisoner s bound TO satisfy the jury Of all the
facts which material and necessary 10 that convection
be Ia
satisfaction they not proved then you are not
warranted in finding the prisoner guilty. Hyou entertain
DOUBT about any OF them 1t is your duty 70 give him the
benefit OF II. But if those facts made out beyond
reasonable doubt, then it is your duty convict, am
also asked TO that if the whole theory Of this
matter, as proved by the Witnesses, does present
facts inconsistent with any other theory you cannot con-
wet: That is So That is the same proposition again,
that you must be satisfied the evidence which ad
duced TO you that the prisoner is the person who
mted the offence, and that all the facts which
eessary 10 be proved 10 bring him within the verdict of
guilty, must be proved TO your satisfaction to exist
against him. l have submitted TO you the question
whether the deceased came to her death by
means OF straDguation not think il is
question which you must decide. cannot in.
struct YOU as matter Of law distinctly that she did not
to be attached TO the female witness Mrs Martin can.
not Instruct you that you disregard her evidence en-
ey The fact that the other doctors who present
AT inc posi- mortem examination were net called, am
asked to say TO you circumstance of strong sus-
picon 90 not know that can say that. Perhaps it
would have been better that those witnesses had been
brought here by the prosecution hut there other
reasons why they got here. would have been
more desirable to have had them here, but as a
matter OF law, ! do not feel disposed TO charge
you that is circumstance of suspicion
1t Is true gentlemen. that the absence of evidence
case Is rather against them than in their favor Another
ropos cn Of the counsel is il blow violence in.
ced by the prisoner upon the stomach Of the deceased
hen the prisoner entitled to an acqutta on this in,
iictinenh That Is so, gentlemen. II there were two
,auses, and straneulaton produced death, matter
Whether there was blow or not il would not ente
prisoner to acqutta The medical evidence being the
only proof OF the cause Of death, that Is insufficient 70
establish the cause Of death, the jury must acauit
There other proof gentle en on tina, subject ex
ceptng the fact that the prisoner with his hand
around the neck Of the deceased If you satisfied
from the testimony Of these physicians that the death
va. was caused by stransuation, IL apptars TO me
there is no evidence that lead you 10
the death may have taken place from some other
cause From what have said 10 you, then you will see
what your duty in this natter FIRST to decide whether
there was death; secondly, whether there a rape
committed by the prisoner; and thirdly, whether that
death was caused by the prisoner while engaged the
commission Of felony called rape, which is felony
H. IN the examination or these three questions you are
not sats lied the testimony does clearly come home 10
you fixing upon tho prisoner, II is your duty to find
verdict az not guilty. Gu the other hand Ii IL equally
your duty H. in The examination Of this case you Id that
without reasonable doubt your mind these CHARGES
are properly made against bm--that he there-that
De oid commit his rare aud that IN consequence Of
strateustion around the throat OF this woman tia.
her death was occasoned, either Immediately or re-
mo,ey then II IS equally your duty 10 find him guilty.
II Is never pleasant for Jury 10 have 10 pas uIon a
question which involves the life of a Eel ow being do
not know more unpleasant case perhaps, than tic pre-
sent one may be, when you take into Consideration the
age Ct this lad and yet would be eth unpleasant
for jury 70 suffer their sympathy lead them disre
gard their oaihs Whatever NAV be your feelings, you
should lay them aside in endcsyorng 10 arrive Ut the
truth Find where The truth H. and your minds can
rest with any clear decision as "a The main FAC sand they
are al adverse 20 uc frson.rh Your duty say so,
whatever your sympaihes cf feeling may be for him
your regret part thai you called upon % dis
charge this duty There but oue course for YOU TO fol-
4 ". l.. a his
guilt or innocence vhichever way your minds may have
come to be conclusive 50 DO and you will approve OF
our conduct hereafter, There evidence Of good cha
accr on The part q this boy that Tor -four years past
kncs him 20 be pcaccabc and industrious boy that tes
tmouy Is confined mainly TO his condust during the day
at work but goes further. IA saying Eve have
heard Of any misconduct IN regard W him. any doubt
exists the property Of the prisoner and be ought 10
have the benefit Of IT,
TIE jury retired about seven O'Clock Al precisely
nine O'Clock they returned and asked Of the what
would be the effect Of recommendation TO mercy a
verdict Ct guilty and 10 whether they could brIpg ia
verdict u mansaugnter 10 the first degree
Judge lngraham informed them that the only effect n
Recommendation 20 mercy would be for M consideration
OF the Executive ana would have influence the sen
tence-itai II they had doubt a. 30 whether rape
committed, end believed the killing effected by the
prisoner without intent b take lne while Ne act OF
committing msdemesnor, they might bring IA a verdict
Of nausaughter in the nrSt degree or If they believed
the killing wa done without int nj 90 take life while in The
commission Of q assault and battery they might
bring In averdct Of manslaugher the fourth oegree
juror Hked whether, the connection of the prisoner
having been committed by others 30 that she could not
have resisted would that be rspof
Judge lDgrabam replied that u the connection took
place contrary 20 her consent, without her consent
rape.
Another Juror asked What was the punishment for the
various degrees Of msnslsue bter
The Court At the suggestion Of counsel replied that
that ought not 20 enter into the confederation OF the Jury
Another juror asked whether they bound by the
law and tie evidence stated by the Court.
Judge 1ngrahan replied that they were bound n
ceIve The law laid down by The Court and 10 decide
according 70 the evidenced
The jury then retired and at half past nine returned by
order Of the Court.
Judge lngrahatn then informed them that be did no,
wish thom q uDderrtand that hey were at liberty to
bring verdict Of laughter IN the 1rst degree
such verdict could not be rendered. though "
inc killing we're Effected bv the prisoner without previous
intent. While IN the conIrnisson OF misdemean0r u
would he marsau ghtcr the first degree The law DID
not recognize offences such charged IN the circumsan
es o' tbs case a. nsdefns II the prisoner IN
ter olihon engaged IN assault and battery they
mfht brlrg m verdict 81 granddaughter the fourth
degree lfhet must either sng In verdict Of murder
IL ff.M 4 IA