The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-25
The Alleged WIFE PoasOning.
COURT OF OYER AND rEaMINER-
Before Hon. Judge Roosevelt.


SIXTEENTH pAy-srsSIsc or ooUSsEr-
MmcB 4-7hs Peopl, U.s. Japse, ssert.ns.-rhe passages
leading 10 the court more densely crowded
than any other day during this pro,rasted ,rial
On behalf Of the prisoner Mr.. Ashmsad submitted the
following points TO The Court
l. That the counsel for the prosecution having read IN
the medical witpesses certain svmp.oms from paper
marked by the Judge, and inquired ner opinion as - tue
cause OF death Ia where such symptoms existed
the jury believe that tho symptoms OF which Mrs. So
phens complained IN her lifetime are not in al respects
the symptoms stated in the paper read the ins
that then the medical opiGous admissible
petent evidence 20 be weighed by the nry
taken into consideration.
That il the jury of opinion that the body of Mrs.
stephens, after being eyhumed for analysis, was
posed that access could be had 10 by other parties than
those who made the ros exlniF the boty
and conducted the ccemca analysis and ps tcnarly if
they believe tha Robert Bell OF the Witnesses for tie
prosecutor who hrs charged The prsucs with poisoning
his WIFE actually bad u the body touched 1t
an anay Els madc upder such circumstances conpe
text evidence agins, the prisoner and should dse
garded By the Jury
3. rnat prisoner charged WITH the com mission
Of crime and evidence OF good character
by him. winch Is not ocntroverted The part OF peo
PIE such evidence is TO be considered by the iary and
not merely Of value in douotrl cases. bnt w' of ITSELF
sometimes DOUBT where without u would
st ana good character be proved 70 the satisfaction of
the jury IL should produce acquitta even in cases
the accused
J. when charge depends upon crcumstantia evidence,
i ought not only % be consistent with the prisoner gnt
but Inconsistent with any other rational CONCLUSION.
s. That If the jury upon consdering the whole Of the
evidence have reasonable doubt of the guilt Of the de.
fepdan Of the offence charged in the Indictment II B their
duty 10 acqut.
g. Tha. the Jury believe that Robert Bell attempted
assassDatc the prisoner before MS arrest upon tho charge
OF poisoning he wife, and that he entertns feelings Of
anmosity and hatred towards him, ana that if the jury
believe that Sophia and Fanny Bell also hostile TO the
prisoner and have quarrelied with him, that then they
should consider these matters in weighing the degree OF
credit which is to be given their testimony.
The exAtorney General then proceeded TO ~ for
the prisoner in able argument, in which he contenIed
that there was motive for the murder, that the
cused administered poison TO his wife, and he ad
mitted that he did not desire to charge that either Of
the Bell girls had ever done so He (counsel)
forcbly argued on the improbabhty Of the guilt or
Stephens and he charged the jury that where the medical
testimony was so conflicting, they, medical men,
should be cautious before they said tha. there
in the body of the deceased Mr. Cushing reviewed ami
commented the evidence great length and concluded
by saying that stephens were 10 suffer he would
suffer alone. What man woold marry the murderer's s
daughtery What 10 be her fate God pity Go
where she WILL her name would be branded with nfsmy.
virtue hope and heaven eternay lost, by suicide
follow her mother Yet the jury must do their duty with
out regard 70 consequences. He believed would do
so, ana would Iod from the evidence that tn unfortunate
man never committed tho awful crime charged against
him. And the pure spirit Of that departed wife they
entered this room to pronounce the glad sentence OF not
guilty would hover sympahjzngy over the crushed
and broken hearted husband and to him. "Dear
band, meet Iie in heaven"
The Court took after which Mr. Waterbury, the
District Attorney, proceeded 10 up for the people, He
epo<e up TO the RISING OF the Court very lucid and
eumeniatNe straip reviewing the evidence aud vndi-
eating the position ohe prosecution and the character OF
the Misses Bell m
Mr. Ashmead will follow on this fEriday) morning for
the prisoner; Mr. Sbaler will close for the prose cuon
and the Judge will charge. The VII doubt be sub
mitted 70 the lnry before saturday 10 ,rning.