The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-17
Court OF Oyer and Termfaer.
Before Hon Judge Gould.
CHARGE or WYE MurpxR.

beof- hon Judge Gould.
cHARGE or WIFE MUsDsR.
Nov. ls-r7e Pserse Martin Haa,ean Tho prison.
err decent looking man, about 81 year. or age, w In
oe'ed for shs murosr Of his wife, Mary HAlssn, ased
30 Years, By striking her several blows with etck on
,ns 6h Ct august last Of which injuries she died 81 the
Bellevue Hospital aotloa vas mate by Mr.. Ashtnesd
u quuh he ndctrsni, but which the Court deried
n DIS riot Attorney ana M Anthem appoArei Tor the
prosecutlo..
Mr. Arthou brIea, STATED he case 70 the Jury the
prisonaY charged bc> ns WE h rv NJ, sns
Effects of which sne ceS me eyids 10 ~ouiu snom .as
Al tne tine az sha .,,. bes,,ny Inc 10 MAS nearu 20
cry out "Dont beat the" and q shufhs
nfard ard also the crying Of cnild lhe ot ,nssasi
BILE and ol.edne The prisoner on being arrested l.
no denial Of The charge
house with the prisorer and secexed; saw Mrs Hsli.
gan last on the sunday night heard o.oy
SCo, ana od went Sa asssa .oa p9o a sSs
Croas cram nedssw. Mrs Hallisan nearly every dSy;
was ~ hume every osy until after dinner, which
asout twelve O'Clock, when the prisoner oas used
70 hear the chairs rstsns ~ II she falling have
hsr falling several times; did noise
the sunday; returned home about hal past "
eight O'Clock; heard the cry Of . child the
l2uoDg. policeman came and said that II any woman
would ke charge Of tue child until next day enc should
be paid iof 10; husband SAID we would take 1narSe
Of IT, and ~ the morning The policeman came and TOOK Is
away.
Hsgan fsv A. could not tell, saw her tall ~ often
Police officer Richard Martin testified that tee Gan Of
August be called to 3i7 West Forty third street
wheve he saw the decessed ing covered ~i.n blood
with feet towards the door, and that they placed
IN Quit and carried her stairs TO The ,on aouss
the rom 10 hhy cor di,'oo alter toos The
Il the station house abe was removed 70 the Bellevue
dspnai.
Closs examined-I was IN the neighborhood al niue
O'Clock, there in tao but tho prisoners
uiie isdos lived the came up W aas,st
aud carried W the gbl With me- the bedroom door vas
pDe n No time = deraa Al ha.
lore We could remove her, and had 70 get grocers
wagon u carry ner Ia 90 not knos how iols Il
fore che wss Gent To the hospital.
Am Ioobey testified that she DID not either the
prisoner or his wife thai dsy unt she called ~
time " 60 up 10 tner room, when che sue 40
ceased iying ca the door; blood around the
On cfess examination tie winners said that tho oe.
ceased ~as continually Tossicssed drunk. nut only
her tail once, heard noiees a. falling, FREQ uently
q What made her fail oite4Y A. Well, don'i
sRowi never cav her drinking, but 1t appeared as
though she drunk DID You see the prisoner on
tue saturday A. 1 doa't kno~; ne WAS VINO
made % nose coming up and oovn
Re axamiuof--l saw rfs. H.ligsn on the Sunday
morning - going for pail water, nolnns
thep unusual ABOUT nal no marAs OF her lace
Am Carr Examined b. the District Attorney
ide In the house as the isoner, and
h,s wife: remember seeing the prisoner
or t-oociccs On me Sunday com ng down from his osn
room, cid mol see Yrs hAigsn On that DAY until eno
found
Cross eAsmined-rhere nothing unusual in the
prisoners sppesr snce don't know whether
sober not could not hear any loud noise IL his ROOM
new the woman fall IL my NE.
In Net testified thai he called upon 10 attend the
oscsaed; found one large wound In the ccntre OF the
head, when seeraed to have been mace oy sharp
siiupeL; there sso Two smaller oontuscd wounds
near .. shs vas quiie delirious nnc wss obliged 10
place handcuns her 70 drses the wounds; do not
thiuk that the large wound could have been occasion
cd By fsh against stcse or By nail
TN cross the Doctor stated that be did
take any psrtcula potce Of the be aid thiax
be soulo ever be called upon 70 testify; did not attend
the ,set uortem amin alton
U.hsr medical testimony received. The oounsel
summed NJ, and
The Judge In changing the jury, said that grave re
spoos'oliy rested ulon Them IN the du,y .hcn they
called upon 70 perform, and they should perform
hsI ouiy ir = ~to me ostns tney nad 1ssn
They 70 give true verdict 10 sccordanos 70
evidence aiductc before them and the charge this
that life bad been taken by the prisoner and
taken der circnUstAncss which constituted high
crme-the cr,no OF murder Under pro visioa OF the
statute the District Attorney had indicted the prisoner
for lower offence. proof the did satsfy
him tnst be h.a O. toe crime ns statute gave
ha cover To be Dsu ct Attorney and he DID not seex
iot verdict Tor the higher oaoce wnen the proof Ola
ely that u had been mitsed The DISTRICT
Attorney DID not seek verdict OF the higher orsnce,
but IN the third degree OF manslsugner the
OF The case, there controversy between tie
counsel, ana not essential for thr
10 constitute the crime Of murder 90, in the nrs,
devee which required deliberate taxing OF fe
n the second which required the taxing q fe with the
rsy for the jury to Dad two thngs:Tnst the prisoner
DID tho that the act caused death In order 10
dad he prisoner guilty Of manssughter 10 Tho third degree
they would and that the prisoner committed the acts
cpgcd and that tLese caured the death Of the do
they Obliged 10 ind roth these points
matters isct but not necessary 10 respect 10
matter Of facts that thsy should dad It % be proved by
otsc, ,essimoDy The fae~ w~s proved - ar ~ they
known BY the witnesses which the jury had heard
And, the otney hand se Jury -.re .os 20 draw any
Inference which not directly proved
before them Ia oslect ~ this case tns points which
len the consideration OF the Jury somewhat
iDf,reu,isi from the character Of mo evidence.
maj II. room l..r three oooc S''I ia the sss
Afternoon beyonf doubt, - no bad no bsco scea
by any body 70 out be WA found 10 the street After
the woman Injured These tao points were proved
before them FAR the circumstances OF the cSss
msb 70 chow what bs gnt have cons the proof OF
hs statement officer important: that was
d mt upcr snich there and they
thouio that fast into consideration - yell - toe
others alluded "a BY tue prisoners counsel they we're
g. mind. ho that the rule ~ Law that
the proof of the dsfcIdAnts iit should ooayaoe The
Jury Sbey not TO srrpeci or one side or
tne other II the proof fell short n lon thcs~ maids
single d5ub, il .ss their du,y 70 give prisossr The
oeuent OF a. And any thing which 10 their mads, vas
detective IN te evdeoce or by oonnc, With o.hes ssss
m9ry which would prevent them from coming
70 orccs vpciusion, II w1 their duty
" give that bereht 10 the prisouer II
peoesssy that tho deceassd BY isiempcran .,
SHOULD predispoeei 70 carly dzath rne las
guard OF human life under every and all ,tr
cuns.Anoss wbe,hs, we're on ire couch ,r sae my,ld
The Who pluck.o tho pillow from NE head Of .hs
nsn bot hoar live, aDd sacreoy csased a.:
death, xould tho lgh abe hAssenod bis 1coease but
sre period Of tuc be equally guilty q murder -
though he would have lived hundred yssrs. rhs Ia
last sasp q th. oesrept and cniesbsd old man. He
Honor Then charged the jury IN reference 70 cnsacsr
IN there we're Any doubt In the case, god chsracSr
sbou,d have Ne xhs the rendition Of the verdict; ous a.
the ether bad II we're proved Sond al reasnAhio
doubt that nc accused hsd comniueo ihe ~ VIII
which re ~as charged, however nigh his arfins Or
pure his reputStinD IN the community night be- should
have 20 rruence effect upon their dssisop,
the ury retire. about halt past thrcs ocsok, brt a.
late hopr bad rsi agreed.
AmsrfcaA Feathers OF tss Prince Of Wales.