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



THE THIRD wKEK-TnE JUDGES CHARaK-THE JURY
IN DELIBERArIoN.
MARCH N-Thc People w. James SsepAas-Ar. ASH
mead at the sitting Of the Court, proceeded 70 ADDRESS
The jury behalf Of the prisoner, and having reviewed
Che testimony, commented with much severity upon
The prosecution characterized 1t "a case OF blood
n the Of very eloquent argument ne adduced
cases. amongst which was that Of the rst Napo
on where the body was found in state Of preservation
after years OF n.orment In concluding address Of
ever two hours and half Mr.. Ashmead said
lam now gentlemen about 10 commit this cause TO
your hands, the fate of the defendant to be ef
with you Ihave already spoken of your responsibility
and need say more on that subject II is terrible
and awful responsibility and You fully understand It.
But have word TO say and may well say now.
Ny part in this terrible drama that has been enactng be-
Ibre you is now DONE have endeavored my duty.
was aolemn one, and have sough. 70 discharge IL,
net merely advocate but as aman And II, after
ths such evidence has been produced by the
prosecution, you ind the defendant guilty, very little
ii the blame will rest upon The balance OF il now
transfer in .h court to you and your children
recess was then taken. On reaasembng Mr. Chauncey
acr made the concluding argument for the prosecution
He spoke much force and aray zed the medical tes
sony with great inuteness coatendng that there were
evident OF poison in the deceasod and that there
was motive for the prisoner to get rid Of his wife,
Mr. Gushing asked the Judge he intended TO charge
sne jury this evening" his colleague not present. and
be would prefer that the charge should be given in the
norning.
The Court replied that he had consulted with all Of his
colleagues and they agree that would be unsafe 10 per-
nit the jury separate after the summing up Of counsel
The Judge then proceeded to charge the jury
THE JUDGES CHARGE.
After protractcd trial, gentlemen, Of nearly three
weeks duration, involving, in the MAN, mere question
Of fact and after many hours spent by counsel in
elaborate dissection Of the evidence do Dot
deem Il proper, certainly is not necessary, that the
Court should s further task your patience by any very
extended remarks. shall conhne myself, therefore, to
very brief outline. The prisoner is charged with the
crime of murder, committed it is alleged, about year
and half ago. September, 1857, the person Of his
Wife, not by Violence or in an outburst Of angry pas
siOn but by the Slow steahy and deliberate admnistr
under color of food medicine, Of repeated doses
q take notice Of the audanum) Of one of the most
gentlemen that such charge, involving turuitude and
cruelty almost SURPRISING belief should be supported
either by the ceaIest direct and positive. proof or by
Of crcumsanal evidence all tending to one result
consistent in its leading features as to leave no re
sonable for doubt. Whether the evidence in the
present case, taken whole comes up to the required
standard will be for you TO determine The Court may
aid but cannot supersede your functions The issues of life
and death by law in your hands and yours exclusive
M In analy zng evidence gentlemen especially where is
merely or manly circumstantia have always found
great advantage in keeping steadily in view the two par
tuars OF time and place. Chronology and geography, it
has been we'll sd the eyes of history To begin then,
with the first date and place Of any importance in this
transaction In the year 1S48 1S49 about that
riod-,he precise year is not maeriathere was res
pectabe family the name Of Bell living in Of the nte
northern counties Of Ireland settled mostly mention
the circumstance accounting for Of the features OF
the caseby persons Of Scotch and English racon II
consisted OF the father maiden sister, of about thirty
years OF age two daughters about sixteen, the
other about eieven younger son, and 1t may be some
ether children Into this family the defendant, then
young of only two or three and twenty and possess
ing, have right TO infer from the evidence,
BDexceptODable character, was introduced as sutor.
Why he selected the aunt Of thirty preference the
niece OF sixteen is Explained. All know is that he
did sohat his choice ratified by its object and that
the wedding least its essential premnares took place
under the brothers roof, and seemingly, and think
may say actually. with the brothers. approoa,
tion. Instead OF the usual bridal tour-usual at
kast .mong Au,ercans-the happy couple for
nothing s shown TO indicate that they were not then
happy-emgrated from the county Of Cavan not
unusual occurrence, TO the city of New York. Here
find them comfortably, and we may infer happily,
tabhed occupying, although not very spacious, the
tire third floor Of the brick house known as No. 166
East Twenty. seventh street. divided into sitting room
hall two bedrooms and kitchen-the dimensions of the
whole together being about twenty feet square And
here, in evil hourevil for both parties, its
qnences, in any view OF them, most painfully demon
siratethey invited the elder of their absent
them visit She had then become an attractive young
Of eighteen. With her fathers concurrence and
accompanied by two friends she undertook the voyage,
arriving New York the day after her aunt had given
birth to an infant daughter and OF course in the midst OF
the Joy which such event calculated to mpar 10
both the parents Her reception we may presume, from
the known attributes Of the Irish character cordial
and aiectonate One OF the only two bedrooms at their
command assigned for her use; and, with commena-
BILE debcacy that room selected which alone opened
upon the hall and had no direct communication with the
ssber with the paror. Here sne remained for
siderable time, earnngshe went daily to an establish
for that purposethc trade of dressypaker Hav
ing st length attained sufficient skill in the of the
needle she procured situation as dressmaer in private
family living the Fifth avenue not very far distant
from her aunts residence On one OCCASION while resd
ing at that pace--she continued, it will be remem-
bered TO reside there about three years-Stephens,
while the family were out Of town for the sum.
ner, paid her visit, bringing bottle OF wine
with him. To gratfy his curiosity she took her uncle
through tho establishment showing him the splendid
nture and pointing out to him, among the other cham
m
gagged her uncle, she says, seized her and attempted
act OF violence TO her persos the consummaton OF which
her threatened screams alone prevented Is this state
ent rusg No eyes the act except her own and tho
proncrs Her subsequent silence ON the subject of the
alleged outrage has afforded matter OF severe criticism 1t
you Judge Of her explanation She says the pri
expressed great regret for the hasty ndgny and
and break up the family. His penitcnce and bis threats
ccmbined-athoueb not quite reconcilable with each
othersealed her lips But why, only six months after,
did she return with the safeguard Of her pre-
sence to sleep under the roof Of the although her
unce who had lately demonstrated his unlness to be
trusted! This first cxceponabe occurrence it will be
remembered, if the testimony is TO be relied on, took
place about the month Of September, 1856 shortly af
terwards the younger sister, then still in Ireland, pcing in
bad health, was recommended, IL seems, TO take
voyage. correspondence accordingly ensued and the
invalid invited by her uncle and aunt to make them
visit, to return, after years absence TO her native
home. She (that is Fanny Bell, the younger
sister arrived here, girl OF eighteen, in March
auded to- and about sN months % bops
her aunt's death. ShcI mean Fanny Bel--went imme-
dntely to her aunts house II was natural that her sis
ter Sophia should join her. be there receive her
They could be company for each other and consideration
which with their probably very limited means 10
bc disregarded) they could two sisters well might
cupy the room and the same bed Their father, too
ht,e imagining such this trial presents, and
having entire confidence, itwould SEEM in the deendans
prudence and integrity had instructed them to BE- guided
in all things by their uncles advice Under the same roof
also their infant cousin their aunts bright and peted
only child The prisoner himself has demonstratedin the
face OF the Court and jury the existence and probable force
Of that attraction Whether these circumstance are sui
cient satisfactorily for Sophia Bells return
her unclcs house, notwithstanding tho alleged outrage
aw be for you TO determine. Assuming for the present.
that this first offence attempted, regretted, and
was orgiven-nl Of which you are ~ judge Owe may
ass the next incident of importance which the tcs
tmony dscloscs. You will bear in mind that both sisters
although they went os 10 work dressnakers
IN the spring of 1857 living with their aunt, contributing
az We presume both Of them to the expenses
the house during the six months IAN Important Graz i'm
mcdatcy preceding her DEATH Towards the close Of that
period, In tho month OF August alteration, IL Is al
legged, IL Is the incident order place in the
faror bctwccn Stephens and his wio about the funeral