The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-19
TsS,J 80 John IL. Rob~vtson,
CrG CIi WITH AT1EIpTING TO DESTROY THE LIFE
OF Hrs WIFE.
CrgSlrG pax IRE DklENCf.
rr IA, nualcs,eg ITniou- Inn.

Crgsl,G pax THE DuENCF.
rru-. the Rochester Union, Jan. 16l
~ MoriDi~le iLcr ADDRESSED the jury as fonows:-If
IA. E ~ peeFt -CeItler a OF the Jury The duty which
ceNoIv.s lT0n n, now, II tre 1pening address to you on
the ar ~ he oe'er GO, 7 re,srA os Of more consequence
than . ,psss Wien u H. ut II discharged. A little need.
full u t'o,m's Il al the cast t.o;la be presented with such
clearDsrs IS ~ ,sal'e yot 10 comprehend, while We go
Along, he tct' OF the .vicence we have 10 produce.
! nigh nppff, yOu here that "a TO the charge presented
against Nr fCl trtson, and for which the prosecution
claim hi C~onvttIon, there IL not the slightest probability
in law, une IS. Tho law OF the land is violated, that his con-
viction could be exacied at your hands. We might pause
here without introducing a single witness, and, appealing
TO the Law Of the land and the duty OF the Court to hold
the scales Of justice even ard firm, demand, by direction
Of the Court, his %acquittal at your hands. But our design is
not merely To procure the defendants liberty; God knows
how deep and comprehensive are the other questions,
rising above and reaching beyond this, affecting him in all
the relations which gather around him, rcluiring us TO pro.
coed circumspectly and carefully, and not TO Obtain his
freedom by the letter Of the law alone; but to present
circumstances and facts which, were the law otherwise
than II is, would establish his innocence and procure his
acquitiaL. Our minds have been bewildered by the de.
tails Of a story which las attracted our curiosity, as II did
that Of the District Attorney; you are now to examine as
10 the probability that these things are a. supposed
by the witnesses who went 10 Beglcr's house, expecting
b. hear something unusual and involving Robertson. They
went there on "Wednesday, Thursday and Friday nights,
with their minds fixed upon a matter calculated TO excite
their fancy and their imagination, and woe prepared 10
believe that the conversations took place as they have
narrated them, Robertson speaking Ia the precise order
these witnesses have stated. Their prerossessions were
oil in favor Of the impressions they received. and gave
directions 10 them, carrying all their weight against the
defendant II Certainly Is one Of the easiest things in the
world 10 deceive the human mind 10 this way, and to place
impressions IN the stead Of facts on Guy subject whatever.
You have often heard men swear not according 10
the actual words spoken, but the Impressions which
thee words conveyed. An instance OF this was re.
lated. the case Of a man who went 10 purchase a saw
.1iil; and the purchaser having his mind on the pur-
o'TNof the mill and machinery understood the vendor
i.Erc'. q, prize Of the whole a. 1880, while the vendor,
|.r z 70 Sc only the machinery, Intended TO be un.
d--'~rl as only putting bis price on that. And a Chan.
&C. = ssLt Eas the result-onc swearing one way, and
tlto Der another way, on the trial, according TO their df.
forget impressions. The District Attorney, in bis opening,
ia you IN the outset, Of the difficulty under whcn this
case n 20 be approached. The question IS asked, how can
we meet this casei Hsvnt ! introduced these witnesses
thus, and didn't I conceal them 30 A. TO overhcar this con
verxaiiopS Did Robertson have any one there 10 listen for
hint How can they get In and tell what did take place,
when We have locked up all the avenues aud prevented
them IRON entering9 These witnesses listening with their
imagination heated and curiosity excited, with no one by
10 give the true meaning OF the conversation, may defeat
the ends OF justice and destroy character, " IL has not
son ethng solid and permanent to rest upon. How IL
there any escape' These witnesses 90 into a place
OF ooncealment and hear something, write IL down
little by little, and commit u 70 memory, and
Suppose you undertake when you 60 home 10 write
down the words spoken by that one Of the witnesses
whose testimony was the shortest, endeavor 10 sve his
exact language; could you do ~ Tho thing is impossible
you would not have the power 10 do i. One &c you
would write down bis impression, y and the other would
sions with which you 90 away; but the precise words you
could not give. so with these men who have written
down and committed 10 memory words which only con
yey the Impressions made upon their minds-they expect
ing 70 hear certain wonderful things when they concealed
themselves. N Ia an effort of memory in regard 10 words
from time TO time. This being tho case, what could Rob
crtson doi what could any man do9 fthis may be done,
where Ia there safety No man-take the best man In the
whole country tha you know and sccrete witnesses, as
the District Attorney has done, 10 overhear a converse
ton, TO administer TO curiosity, and let them commit 10
memory and come on the stand 10 repeat Il. We ask II il
rs true; and you cay no, II Is utterly false. Well, but 10
what does II refer3 To the murder Of my wife9 They
heard you solicit some one 10 assist in the murder
Of your wife. Where Is your defenceS Perchance Won
were not there at all, and your domestic circumstances
are such as TO repel all ideas Of your guilt Does Robert
son live upon unpleasant and unsatisfactory terms with
his wie2 Is he a bad manS There IL net a particle Of
evidence OF the kind. ls he likely 20 do such a thing as
here ~chargedY Ne, far from II. Where, then, Is the So
ourity Of any man in such a state Of thngsS In the drst
place we must look into this matter calmly, aud with the
exercise Of our Judement-looking at the probabilities OF
the case. What We hrst desire " know, did Robertson
bate HE WHEY 1sh susceptible Of proof what we're their
actual relations2 Why, yes; and we have a right 10 know
what we're those relations, and 10 bring evidence whether
n man loves his wife and child not on his saying 80; but
by The daily walk and conversation, year after year. in
ihi' case, we propose to show that from the time o. their
marriage down 10 the present, the relations OF me de.
PENDANT with his wife have been q the kindes
character. Elizabeth Mary Robertson may come here
and present herself-we may get into the real cir
cumstances Of their life, and we shall know whether
there has been a murderer hanging over her
pillow, or a Bind, arctOnate husband, va'eb.