The New York herald., 1862-10-16

commenced by saying that was said thus IN one o. me n
morning papers Of this city he RERiIp which spoke OF
the commencement Of this trial -
sy npen % each Ss,as
Of law she a. the time s rss ST ns
And in doing she meant TO rely upon the enofts OF
that eminent counsel, well II the ana o. ~ nuan
the last sound OF his eloquent voice. she has relied cor
roctly upon that eloquent and learned gentleman. c
r Ham knew many q ne llsrs ,ba n p their 's' co.
clal relations; he knew tncr iu,-rs.-s.s y-~ =
ter'ty, and knew that It would be almost Impossible Tor
them rot 70 bow before the eloquent appeal just made %
Of The District Attorney, standing there he d.d-and
he wished were in ether handsit is hs duty to Sring
them from the realms Of fancy and srsl elo-
qucnce 70 mere matters Of fact, md D., oanntl
convince them frcm tho overwbahnfsS testimony
which he had laid before them. .neh hvy,oud be con-
tent with their verdict. Mr. fal ter!ctea in ELOQUENT
terms ne sympathy lat woman always claims from
man oy. he nsre, on the part Of the people whose
avs tho lives Of all, and who Geek verdict which
.ha -ver others from the commission Of oGences similar
- that with which the prisoner stands indicted. lie would
deficiencies not in eloquence OF his learned friend
10 the indictment she answers not guilty ana more fully
BY her counsefrst did not do the deed at all second,
II did do y II was accidental, and third, f did i was
not accountable. Mr.. Hall then alluded to the law IN
England where i the jury render verdict Of insanity
cussd Up in Bethlehem Hospital for life.
Mr.. James-Dnripg her Maiesty's pleasure.
Mr. Hal--And here during the pleasure o. TIC tnc
premedation and motive in this case AS % he mar
iagc tie jury shoad dismiss that altogether but even
Ii they Should como 10 the conclusion that the parties
married. thank God, they lived in country where
the wifes rights protected by law, and where s as
great crime for to III her husband as II Is 10
Kill any other person.
Tho learned District attorney had merely commenced
his address VIXEN the time OF ado rnnent arrived lie
viii resume thursday at the sitting of the Court, at
ter O'clock and wiz be follow cd by the Judges charge %
the jury.
The Following are The points Of the District Attorney
That viii be the province Of the jury 10 convict Of
murder ii the rst degree If the jury md from the facts
l. That accused provided herself with pistol with pre-
nledtaed design herewith 10 shoe. The deceased sud
p Or Cshaisoeyer ,he purnose III which she proyid
ed the psto that accused al the time OF the shooting
iatenjed take tbc life uf deceased. IN estimating the
question Of n.eut If the design was formed on the very
instant Of Tie 81 l. is is sufficient plcmedated design
Inaer the law. fPeope vs.. Clark, sell, 3Sa.)
H. That will be tao province OF the jury 70 convict Of
murder in The second degree the jury mud r0n ile
tended 70 DO deceased bodily harm but without design to
Kill, and under such intent caused his death.
That y viii be The province Of the jury to convict Of
facts that il TIE heat Of passion by The use Of The pistol
the accused nyountariy Killed deceased O. r. s., see
il they ind frcm the evidence that accused provided
herself with pistol, intending TO produce it either to
ful acs) and did produce it, aud in souilc for lis
possession it discharged, and the deceased thereby
sil9d tnen the jury may convict likewise Of maAalAash
That If The jury End from the evidence that prisoner
purchased the loaded pistol, ard in scgac its pos
session deceased was accidentally killed. then it was
death produced by culpable negligence and she is gny
OF nsanghter in the fourth degree. Qhid.)
That the Legal test OF responsibility irTeFponsbiiy
for crime ulder circumstances disclosed by the ydance
is Had accused at the time Of the homicide mental ca
pacy 10 distinguish between the right and wrong the
act OF homciac at the time when tho act was doneg
(Frconan's Case, Deno, y. 2S.1
That az the testimony respecting marriage and respect
ing the cogdGct, si.Uaon declarations Of either de-
ceased or accused tetore the day OF the homicide is in
admissible, except the Of sanity insanity
except n sofsr tie jury may infer Herewith lis feeling
arudge toward deceased from accused. and should
with these exceptions, be entirely disTegar.ed.