The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-26

me, Of hs unkind feelings towards her treating her wh
much Iooehness and dsrespect, bo;h In word ani
manner, while he evinced, some Of his l.ter
S oSe Uf The ae sws
:icularly, they say, upon the unfortunate disparity
in The ages Of himself and wife, she then oeiag
accompanied her, which, however he often refused do
was Of annoy 10 him that the world should
say she ooked old enough to be his mother On the ether
hand however, the prisoner has shown by numerous wit
nsses that the kndest relations subsssed between himself
and his wife, and that in her moments she addressed
him In terms OF tenderness and endearment But assam
ing this point all the evidence the part Of the prose-
cuton In It's main outlines 10 be true s far from su
Gent by itself, TO make Of contem plated
der. Spleen and disappointment and Jealousy, and ILL
humor may exist without the remotest approach TO
muTderous intent. Even blow IN the face, If with the
hand merely scandal0us and unmanly as 1t may be on
the part OF the perpetrator where woman the object,
and especially II that woman be wife. evidence,
4 any very slight, Of design to Kill There occurred
this transaction, the most important incident which the
testimony bas DISCLOSED. Mr. Flynn, druggist, residing
in the Second avenue within very short distance OF the
prisoners home whose place the prisoner had for several
years been in the habit of visiting swears that about six
weeks before Mrs. Stephens died he sold her husband
parcel consisting Of half Of white arssn,c,
and again. in the course OF the ensuing week,
another IKE quantity OF the same material.
nacancy TO the previous outrage II that outrage, az tine
prosecution contend, was actually perperated by the
prisoner. You will, therefore, give TO the evldencc
somewhat contradictory il seems TO oein relation TO
the alleged blow inflicted upon the deceased, the most
careful consideration Whether you find the blow to have
been inflicted not whether yon find 1t ID have been
n comparatively slight more severe one, the inquiry
will still have to be answered (hc contadctns test
mony OF James Hanna shall presently consider), what
induced the purchase repeated purchase by the prs
oner, at the times referred 70, of 80 large quantity
any quantity, of known deadly poison and to what pur
pose IL u be- and il, in fact, appliedS We find
tbs vile OF the prisoner, about the 9th of Scptem
per- within tew weeks or days after the purchase COM
planning though very slightly, OF pain in her chest.
Her husband contrary TO her wishes sentfor physician
The physician after two aendances deemng the matter
Of little consequence, discontinued his VISITS and at the
end Of year bali, slight had been the impress
sion made upon his mind, was unable to recolec the
symptoms Of bis patient In ten or eleven days, how
ever, the assumed serious form, and another doc
sent for. This five days only, think, before
the patients death He found the patient suffering from
pain in the pit of the stomach and vomiting and great de-
bty His visits, nevertheless, after three short attend
ances, OF only few minutes each, by direction OF the
prisoner, it is said, discontinued, and in thrtysx
to forty hours thereafter his late patient corpse
Her death took place at about two O'Clock on the
morning OF the 23d September 1857 being the eighteenth
day from the commencement of her Illness we count
from the first visit OF Dr. Cadnlus, on the 9th Of that
month You have heard detailed by three or more wit
nesses the burning thirst and other symptoms which exh
bed themselves during that PERIOD and especially the
Sunday, Monday and Tuesday preceding its termination
You have also heard from the lips Of of the most
distinguished members of the medical professon-all
agreeing in the main features Of their testony-wbat
the effects exhibited before death where arseni, has
been taken in poisonous quantities. and which Of those
ments, weighing them deliberately, IL will be for you to
determine one Of the steps to your ultimate conclu
son whether the symptoms in the case before you were
in point Of fact the substantially those attendant
arsenious poisoning Should tho comparison, after the
most careful study OF every particular st leave any
will be your duty to look 10 another, and perhaps the
most wonderful feature in this most remarkable case.
Post mor'em examinations as generally Understood,
farthest, days after the death. In the in
stance of Mrs, Stephens a whole. year had
elapsed. She died the 23d OF September
1857 and was exhumed on the 23d Of September 1855
This long period Of nterment, so fatal in ordinary
to both observation and experiment. has furnished 1t is
sad Of the strongest links in the chain OF evidence
establish the ac that arsenous poson hoSsoever and by
whomsoever administered, was the true OF the
death in question. The body a state of preserva
ton to be accounted for say the chemists by the known
action OF arsenic, and yielded under the operation OF pro-
baby the most perfect and careful analysis conduct
cd by scientific men sufficient quantity Of the poison TO
demonstrate that arsenic had been taken INTO the stem
before DEATH and that death resulted from IL. need
go over these admirable experiments, which wonder
fully illustrate the powers of science and do much
honor to Dr. Doremus and his associates. They have
trial, and must be fresh in your recollection. II will bs
for you to consider them canddy and TO give them
question OF life and death, all the weight to which, 10
your deliberate judgment, making due allowance for pos
sble error, they shall seem entitled. Should you
the conclusion that these evidences thus elected from the
dead body, taken in connection with the symptoms dis
played in the living, establish beyond reasonable doubt
that the deceased died Of the effects OF arsenic you
inquiry will be (and IL Is absolutely free from difficulty
by whom and with what intent the poison admin sered
shall not stop 10 consider suggestion, slightly indicated
in some of the statements Of the defendants Witnesses
death. No conceivable motive existed or has been
signed for such act their part; and the implied
charge may be placed think rather 10 the account of
spirit Of partslnship (of which there have been ndca
tons on both sides than TO spirit Of candor Diminishing
that suggestona suggestion rather calculated njure
than TO advance the cause of the prsonerI shall now
call your attention for few to the position on
this point taken by the counsel for the people. The
prisoners wife, you will recolect, confessedy four
teen years older than himself Although fair and robust,
she had lost of the great elements OF female beauty
her teeth s but too common this eli
mate had been the victims Of premature decay and her
disposition, whatever it may have been orignayif the
character given by the prisoners sister Is to be relied
on-had, for al least two years past, assumed COM
planning type. Her niece, on the other hand VINO in
constant habits Of intimacy with the prisoner family
young and had just attained the age Of womanhood That
niece has been before you on the witness stand You
have had occuar evidence of her personal
whether attractive or otherwise, and of its pro
bable influence, if any, upon the mind Of the prisoner
mldost constructionhc showed its actual iuiucncc, If
her testimony Is correct in an unlawful attempt during
his wiie's liome the particulars OF which have been
given and need not again be repeated. And in month
after his wiles deaththc barrier new union being
Notwithstanding TO the testimony, he made for
nal and urgent proposals Of marriage, which, being
rejected were followed by second unsuccessful attempt
upon her person, and at last by scandalous anonymous
letter. addressed 10 rival sutor to prevent the
nation OF pending engagement destructive OF his hopes
This letter you viii probably regard OF great mpor
ance in determining the state Of the writer's mind the
time was conceived, and as rejecting back with much
spnicancy upon anterior period OF his e If written
by the prisoner. Its authorship therefore, becomes
10 oc IntO. on pOnt you
will recolcct of the Misses Bell that she
acquainted with the prisoners hand and that the writing
his In civil suit this evidence, unless conradicted
would be sufficient 10 establish the fact In life
and death, however, unless fortified by othor
stances, the mere evidence of such handwriting might
well be distrusted But have the additional fact
fed to by Mr. Flynn that the prisoner came 10 him with
letter enclosed in envelope, requesting him TO write the
address, that he did and that the envelope produced by
the witness CaTdwe is the identical paper. Cardwel
then tcstdes that the letter addressed handed
him by boy and that IL is the in court. Nei-
her OF these witnesses being impeahcd their testimony,
believed would scom, without the aid Of the Misses
Bell, to hx the authorship upon the prisoner. What,
thep does the writing Of such coarse illterate anony
nous production ndicatey There be, IL would seem,
but ono answerdieapponted passion and thirst for
vengc, and striking confirmation, less
petc, OF the narrative of his conduct given by the Misses
Bell have assumed thus far TINT the evidence given
by Flynn, OF the purchase by the prisoner OF
two occasions shortly before his wife Illness remains
contradiced and unexplained This assumption must
be modified If not reversed Mr.. and Mrs. Hanna, the
brother. n.law and sister Of the prisoner, and think
their two daughters Also testify in effect that the poison
was purchased for and actlly applied to, the ordinary
pur nj idestr nd hat