The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-25
THE WAL ON-MATHEWS TRAGEDY.

fcrds for the Murder OF John w. Ma
thcws-Closing Speeches OF MIR. Brady
and tho District Attorney-Charge q
tho Rccordcr-Verafct OF Guilty or MUIR
dor I'm the First Degree, &c., 80.
COUNT OF GENERAL SESSIONS.
Before Recorder Hoffman
SIXTH DAT.
DEC. 24.-At an early hour this morning the avenue
leading TO the court room crowded with persons
anxious TO obtain admttance to hear the closing speeches
Of counsel in this singulary interesting The friends
and admirers Of Mr. Brady expected that his address
the jury in behalf Of his client, Charles Jeords who
suspected Of double murder would equal, II not
his previous efforts add additional lustre to his repu
tation distinguished criminal advocate. number Of
ladies' attendance TO enjoy the 0raorca efforts
counsel.
After the jurors answered to their names Mr. Holmes
the associate for the defence moved to strike out
the Of Jerds the premises OF William Walton as
by him and Moore tho reason that the pri
intoxicated at the time, and undue influence
had been used to extract the confessions from him.
Counsel cited cases to establish his point and urged the
motion in an able legal argument to the court.
James T. Brady then proceeded to address the jury In
behalf Of his client In few introductory remarks rea
tive to tho distinction between tho killing OF Walton and
Matthew'S and few remarkable features Of the case He
admitted that the murderer Of Walton cold booded
assassin, and ntmated that Pascal Of the witnesses
for the prosecution know who killed the deceased and
whether no was screening Jcnerds some else
nne Of the momentous Of this Mr. Brady be
fore proceeding further submitted the court that JEFF
ferds could not be convicted Of murder in the first
degree, for the that he killed Walton
he had no intention Of taking the life of Ma
~Shews, because he could not have had reyengful
feelings towards him. He maintained that the
r. liuv nj natth
sequence II it had occurred year before the murder
Of Walton. Mr.. Brady. in terribly scathng manner,
criticised the course which tho District Attorney pursued
IN reference to the prosecution of cerds From the
st moment he arrested and turned upon the blood
hounds who had been unashod for the purpose Of LAGER
ating his character and taking his life. The course
which the prosecuting officer pursued towards the pri
soncr contrary TO the letter spirit Of the cos
tuition and tho Bill Of Rights. This the first time in
the history Of this country that any such had
been adopted to let slip the hounds Of justice and obtain
a sacrifice by any such meanness he would show had
been used in this case, had excited the disgust Of every
man who knew what he felt in his school boy DAYS when
he looked at the tell tale, sneak coward and traitor
He admitted that Jcerds character was not
and that his associations not what they should he
but he charged the prosecution with claiming on the
former trial that Jeers cool, deliberate person
and on this with being riotous. turbulent character
and OF such temperament could not la 70 per
perated the murder Undoubtedly he said this double
murder was perpetratod by person who was
mot only accustomed to pistol, but was a
man possessed at the time Of very deliberate
mind. and was steadiast In his purpose. The
IerdS
not the murderer, and it was absurd to saw that
Pascal, who WAS walking with Walton could not SEQ IN a
clear moonlight who the party that perpeaed the
deed Besides, Jelcrds dark clothes on the even
iL of the homicide while thu person seen fleeing wore
light apparel Mr. BRADY reviewed the evidence Of tho
prosecution great length dwelling with unusual e roe
upon the fact that Jeileris knew that he was ab, To-
DO arrested q any time gnng that the
sworn TO by Moore we're other untrue made prposey
to play gains" TO use the words Of tho prsoner upon
che detective.
Mr. Bradys peroraon was exceedingly fine, and
was promptly repressed He spoke over five hours and
bs searching analysis of the evidence will long DO re
psasbe led by those who privileged listen to it,
rec IS was taken Tor dinner, ut the conclusion Of Mr.
Brady IS argument, after which
District Attorney Waterbury addressed the jury for the
prosecution in animated and convincing strain main
tainlng that overwhelming proof OF the guilt OF The
prisoner at the bar had been presented 10 tho ury
In speaking the motive which Jelerds had in killing
Walton, Mr. Waterbury commented in thrilling language
upon the history oil Mrs. Walton, as told by her lips
arguing that sho ha good reason to desire the dea Of
Nj. Walton for shortly before he murdered he was
engaged in collecting evidence that would establish the
fact that she the wife Of Hamilton Morrison The
dance given to support the Indictment He spoke OF the
remark which Jee5ds made, that he had opposed his
was not the ony in New York that s hr
recollection to the Office Of District Attorney tho con.
vcon that he had the support OF good citizens who be-
evod that he had faithfully and conscicn.iously dis
charged his duty was more 20 him Than NM rihgrhs
s. Usrict Attorney could give. He real the ie,ter
OF Jeie. aS " Mr. Moore and commented upon it with
Che fact that Jererds hal boon induced by his mother
commit the horrible tEagedy for which he was being
tried.
The District Attorney spoke four hours and his
argument pronounced be the ablcst he has ever
made during his official term.
CHARGE OF THE RYcoRDFR
Recorder Hoffman charged the jury as follows
ssgHILEAEN JgRy-Tho trial Of Charles Jofcrds-
II the remarkable in tho annals OF criminal ju
xsprudence-s about drawing TO close. For nearly |
Ave days you have Listened with tho grolest patience to
the detail Of tho evidence for and against him. Counsel
than whom none in the State more distinguish and
able has aldr, ssed you to-day with great power co
quoncc in his behalf and prosecuting public officer than
whom have p2ver known moe conscientious and faith
full has presented you in all its force the array Of facts
which bear against hp here. IT remains for in
tl solemn discharge Of my DUTY briefly to instruct you
upsa the law and TO review the laes q TINS case and
~ is for you then TO say you believe this guilty,
1t is for on pronounce him and by your verdict to
he deserves you believe him not guilty, to say
and forever discharge him from being brought before
stands charged. The prisoner, gentlemen, STANDS |
here indicted for the murder Of John w. |
Mathews the 3oth Of June, 1850. Tho facts |
connected with that murder have it necessary
hcro to investigate another murcer and we have had to
inquire circumstances attending the death both
on John w. Mathews and John Walton, the motives |
hch boar upon The question OF tho killing Walton,
and everything connected with the antecedents Of the
persons In any way associated connected with him.
shall for the purposes Of my charge case
although is question OF fact for you to determine,
and do not desire to ana sha not tsks tnas question
sumo upon tho evidence in this case that the man who
fehot John w. Mathews shot John Walton You may not
Anink SO, gentlemen. So, YOU differ with me, you
will take the responsibility Of saying But upon the
Ene OF evidence, read II, shall assume that fact.
Now the hrst question to be discussed matter Of law
"a whether the who killed John w. Mathews IL
ruilty Of murder understood 1t to be admitted upon
the trial Of the Gauss ahd 50 noted in nay minutes TINT
John w. Mathews came to his death by the bullet shot
from the pistol in Irving place. the night OF the 3Oh
OF june and whoever killed him guilty Of murder
An the nrst degree. There was, however, some dis
cussiou upon that question by counsel for the de-
fence and I therefore feel bound to instruct you
nrecisey as IL the admission had not boen made
sateto you what constitutes murder in the first degree
And it will bo you determine whether he guilty
OF murder the rst degree by the act Of 1860 Aprh
IA the Legislature subdivd murder into two degrees,
fich declared that call murder which shall be perpe
arato by Of poison, by lying in wait or by any
other Kind Of wilru, deliberate and prsmetated killing,
or which shall be committed IN the preparation tho
ncmpt to PerpeGatc any arson, rape, robbery or by
Cary or in any attempt to escape from Imprisonment,
Shpn be deemed Of the first degree, and all other
L;naa of murder shall be deemed murder OF the second
degree and the jury before whom any person addicted
Sor murder in either degree shall be tried SHALL II they
And such person guilty thereof, mud in hair verdict
whether il be under the first second degree Now
MIA he conceded by everybody that whoever Shot Walton
was entity OF murder the rst degree, because there
way manifest clearly the lying IN wait which desis