Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1858-12-04
NINTH DAY.-Nov. 25.

NINTH DAY.-Nov. %.
DR.. H. N M;rer. recaHed-My atten-
ton was not called to the color of the
tongue and lips at first; noticed livid look
about them as soon as my attention was
called to it; lockjaw occurred during all the
violent commissions of the dogs we killed in
our experiments.
Adelia Cole. recdlled-Window was
up part way when l first went into the
room; | thought at the same time, and
made the remark, that did not think she
was in her right mind. Can't tell what
made me think so.
Horace Cowles. recaHed-Think Hi
am asked if the body could be kept
another day. He repeated the inquiry az
ter me when 1 asked the ladies if she could
not be kept another day.
q. T. BlakeSlee. recaued-I purchas-
ed at Mr.. Mix's drug store some laudanum,
gave it to Mr.. Thrasher; was not present
when the arsenic was put into it. l took
minutes at former trial. Mary Eggleston
testified that she said something to Mr.Cole
about medicine; he did not reply; did not
know as he heard her.
Mr.. Riddle here proposed to read the
letters from Augusta Wheeler to Hiram
Cole; objected to by Mr.. Thrasher. Ruled
out by the Court.
NJ Forrist commenced his argument at
9:20 A. M; closed at IL: 10.
Defense not being quite ready, court ad
journed to half past one.
Court opened ) min before q
Mr.. Thrasher thed proceeded to read diff
ferent authors on the nature and effects of
poisons.
Mr.. Sherman opened his argument on
the defense at o'clock P. M. Court ad
journed at 5 AS o'clock P. M.
TENTH DAY .-FRIDAY, Nov. 26.
Mr.. Sherman resumed his argument at
opening Of court. Closed it at 1850.
Mr. Ranney opened his argument on the
defense at ii o'clock. Court took a recess
at - 80.
At 2 o'clock p. NJ, Mr.. Riddle opened
the closing argument in the case, being on
the part Of the State. Court adjourned at
9:l0.
ELEVENTH DAY.-Nov. 9th.
Mr.. Riddle resumed his argument; clos
ed at 1915. Court took recess.
2 O'Clock P NJ.
Judge Wilder gave bis charge to the ju-
rors as follows:
Gentlemen Of the Jury:-The prisoner
at the bar stands charged with the crime of
murder, aud the issue which you have been
im3annelled to try is, whether he is guilty,
or innocent Of the charge This issue you
have been sworn well and truly to try, aud
a true verdict give according to the evidence
given in court.
Some of you, gentlemen, in responding to
questions propounded to you in regard to
your qualifications as Jurors, replied that
you lad conscientious scrupIes as to the in
Fiction of the life penalty for crime, and
others that you doubted the policy of the
law which imposes such penalty. But all
of you having such scruples or opinions said
that they would not influence your judg-
ments in passing upon the question of the
guilt or innocence of an accused party; you
could not permit them to do so without a
violation Of the oatbs you have taken, and
OF the duties resting upon you as Jurors ia
king an important part in the administra-
ton Of criminal justice.
By the constitution of the State upon the
legislative department is deyolved the pow
er and duty of d filming crimes and pres
cribing their needed punishment. For the
manner in which that is done, we, as Judge
or Jury, are not responsible, and whatever
our private views may be in regard to the
wisdom or business Of the penalty imposed
for crime, here is no place for its consde-
ration or influence.
Our duty consists in de ermining what
the law and evidence are in leases brought
before US; and, if in rightfully considering
the law and the evidence, the perso charged
is found to have been the perpetrator of
crime, we are to determine.
There is little occasion for me to call your
attention by any special remarks to the i'm
Portanee of the case before you, or to the
solemn duties which you have been called
upon TO discharge. They have been made
the subject OF remark by counsel, and you
cannot fail to have been forcibly impressed
Win them, also by what you have observed
In every stage of the trial from It's commence
ment to the present moment.
The extraordinary care used in selecting
you as Jury, the earnestness and ability
exhibited by counsel, and the great length OF
the trial, this now being the eleventh day
occupied in its investigation.
Much has been said in the arguments Of
counsel in respect TO circa0astantial svidence,
and it is proper that should make to you
some explanations Of this kind Of evidence,
and state 10 you some Of the rules which
are applicable 70 Il.
Direct on positive evidence, is whore a
witness speaks directly to the part which is