Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-12-09
Kurst ConvIctsd.


Akron, Thursday, Dec. 5.
On Saturday morning, the S0th inst,
proceedings in the trial were resumed, and
the prosecution rested their case at ten
o'oleok A. NJ. Counsel for defendant here
admitted the killing by the prisoner, in the
manner and at the time and place charged
in the indictment and based the defense
on the alleged insanity Of the defendant at
fhe time Of committing the act. The re-
maindsr Of Saturday and al day Monday
we're consumed in the examination of wit
nesses for the defense, and Of those called
By The prosecution to rebut their testimony.
Tuesday morning, at nine o'clock, Wm. II.
UpsOn, Esq, opened the argument in he.
hslfof the State, and spoke until noon.
The afternoon and evening sessions we're
entirely devoted to the argument for the
prisoner, By Charles Baldwin, Esq, and
Gen. L. V. Bierce. Wednesday morning,
n. D. Tibbals, Esq, Prosecuting Attorney,
commenced the closing argument for the
State, and spoke five and half hours, I'm
ishing 90 late in the afternoon that the
charge to the jury was deferred until this
morning. This forenoon, after somewhat
lsngthy, but able, clear and lucid charge to
the jury by his Honor, Judge Carpenter,
the case was submitted at eleven o'clock,
snd the jury retired.
All who had observed the proceedings
~ l.. E-gF - Il
bear testimony to the skill and ability
with which both the prosecution and the
defense had been managed. Long and
tedious ss the case had been, the faithful
ness, attention and zeal manifested on both
sides had been uniform, and worthy The
great issue ct stake. None could doubt
hat If justice was not done, neither party
could be justly accused of having failed to
faithfully discharge those duties due from
them to the State or to the unfortunate !
man Whose destiny now depended entirely |
upon the decision of twelve discreet men, |
his fellow citizens, whose unpleasant duty |
It Wss 10 determine upon his innocence or |
guilt. Some degree Of suspense and anx
isty to know the result must always attend |
where the defendant having been tried on
sn issue Of life or death, q jury are en-
gagged in arriving at, the proper answer to
the question, Z" Is the prisoner at the bar
guilty or not guilty?" But suspense was
not TO be long continued.
Upon opening court at half past one clock,
the jury being ready to return their verdict
entered the room and resumed their seats in
the box. Their foreman reported that they
had agrsed rpon their verdict, and that they
found the dsiendents Henry Hurst, gully Of
E,Fdsr n the frstd degree. The roll was called,
and each juror arising formally, assented- to
and confirmed the verdict.
The priseneF, apparently much less moved
than at many times before, since the COM
mencement of the trial, was rsmandsd to
prison, and the jury was discharged. At diff
isEent times since the examination com
msnced, the conduct of Hurst has been re-
maFkable, and such as rarely occurs in courts
of justise. Yesterday forenoon he at one
tine became extremely violent tearing his
hair, gessiculasing furiously, stamping his
iest. talking very loudly, crying, running up
% the judges stand, finally jumping upon a
Chair, and from there to the TOP of The bar
table, interrupting the Prosecuting A ttotuey's
remarks, and Obliging him to take his seat
and stop speaking for a short time. Il was
finally secured and reduced to moreIouiet
stalei put ior lew mopants it seemed he
would sCarFy de house By storm. m.yss
This Is the third trial for murder tbs has
ever occurred in the county, and Il y Il ~ :
sincerely desired It may Be the last qbe
fFst was the cass Of the famoas James Parks
who was finally szecuted in Cleveland The
sscond was that Of Malonsy, Who was tried
about year ago, and sentenced 10 tbs nepi.
tentisry for Life.
n the present case motion for a sseopd
trial has been made, but whether It viii-l5s
granted is matter Of conjecture. t'5.rs
EUclrD PLACE Dape sToRs,- Keresn 4 ! !
GOuid's, corner Of Eueiid sn8 Erie sir5e.s, Is
Just the place to get your drugs, groceries, / 4