The New York herald., 1862-10-17
THE TRIAL FOR HUSBAND MURDER.
Close OF the Summing Up-rhe Judges
Charge 20 the Jury.
COURT or oYER AND TERNINRR.
Before Hon. Judge Barnard.

COURT OF OYER AND rERhINkR.
Before Hon. Judge Barnard.
SEVENTH
OCg. l0--7As Pssgss ". Mary Real-Tnis important
trial continued 70 the last 70 attract large respectable
interesting audience, among whom were on the
previous days, great number Of ladies. Az the sitting
OF the Court this morning District Attorney Hall resumed
his the part Of the prosecution He submitted
that very many Of the statements made the opening OF
the junior for the defence not subsanaed
by the facts u the He would show that instead
Of being the pursuer, this poor deceased was the
pursued; and he believed that many OF the
expressions put tho mouth Of Real we're, in
used by accused lie instanoed the Of Colonel
Graham, who killed Colonel Loring al the 81. Nicholas
Hote In that Mrs. Graham told her counsel pre-
csey tho story that Mrs. Iorng subsequently told
the witness stand only changing the expressions
used by her deceased husband and putting thom in the
mouth Of tho prisoner Mr. Hall then followed tho open
ing Of Mr. Dunphy seratm On the evening " the 4th
of July the counsel for the prisoner says Mr. Real
accompanied her Palace Garden and remained there
| about hour He her back 70 her lodgings, and
there exaccd promise OF marriage from her in wild
| and lrenzied Now what moro likely than
that she desired 10 shs promise from hima They
alone in the house, and il no probably that
was frightened by the paroxysm OF woman
| who had followed him for six years What likely
than that was she who took the Decaogue in hand and
there swore-"I will pursne you, and You shall never
marry any bu. moY Thus the prophecy she alluded
to the letter she wrote TO him just before the homcdc
"My Godl is my prophecy TO be funledp and the next
day she avenges herself with her red right hand
| Mr. Hail referred TO the case Of Hays, charg
cited w wo,nan and said the c,rcu%stnoes % Of that
precisely similar to this and the following the
language Of Mr.. Brady that case"1t is very proper
for viruous court to denounce vice. but the Judiciary
should not close their eyes 10 the well known
| fact that men are continually endangered and
often ruined by the false accusations Of pro-
| 1igate revepgeful women. The protection Of men
in such cases is duty often neglected. And we submit
that is exceedingly dangerous to place every citizen at
tho mercy Of truli perurer who may convict him
of bigany and him TO the State prison by falsely
vestng with the forms of marriage 10 which she con-
| punishing the sedncer.' Mr. Hall then referred
ane and %arraso s the
| in all other churches A Catholic woman, however
degraded, win not allow man 70 raise a
| Church They all remember the beautiful drama
Of the "Coloen Bawn, where that heroine is allured
to the dark well by Danny Mann, who demands Cf her
the marriage certificate which she carried her BOSOM
"No she says II have sworn to the priest not to part
with it, and will not' and there, with the emblem Of
her religion her head in the heavens and the dark
water beneath She rather than give her marriage ce
certain portions OF Mr.. Dunphy opening TO subsanate
which he asserted, no witnesses were called and the
the decide this case according the evidence
before them He referred TO the yso the accused 70 her
six MONTHS ard asked what could brought her
except for tho purpose Of renewing her pursuit Of this
Mr.. Hall aDalyZed what he characterized the very
ingenious and able ortraitue of tho deceased given by
the COUNSEL and said that ever he required the charac
ter Of villain to be drawn he would engage the services
OF his learned FRIEND but II not true-he had not
been proved to be the libcrtine the counsel painted
Then they charge him with changing his name from
Patrick to Potter. Judge Daily has decided that
man has perfect right to change his name
] do not know what reason Real had to take
the name OF saint OF his Church, well
Of mine unless he preferred TO indulge in the imaginary
| hope Of carrying the keys Of Heaven rather than
bear the the saint who banshed the snakes and
toads from Ireland On the subject OF the marriage Mr.
Hall said it made difference whether they
ricd not they did not live together and Lady Lytton
Bulwcr whose husband treated her very badly and the
hundreds OF thousands OF women who are living apart
their husbands, there would be NO end to homcidai
mania He reread the letters Of the accused " the de-
sdered the best possible evidence for the as
to the existence Of motive on the part Of the accused for
| this act. II was the motive Of jealous woman
Jealousy, that dotes but dooms,
| That murders and adores.
The Court took recess for half an hour On reassem
| bling,
authorities support bis theory Of the insanity Of
the accused One medico legal authority that moral
insanity but synonym for moral depravity Hs also
cited from sugden's prize essay on criminal insanity
elucidatng the test Of accountability TO human lava Pro-
fessor Gilman says that homicdary monomana be
admitted under the test He referred 70 Deans
and Iaylors works on medical Jurisprudence Ip reading
Dr. winslow's report OF the OF Mrs Brough who
murdered her six children, Mr.. Hall read "it the end
sh act o. Hotentot or "New England" instead of a
New Zealand savage, which caused general bit subdued
augher-it being rather inappcabe 70 the Pufans OF
our nelgDDOrluS Stdte. lie Sald no not Tar
wrong for was only other day an abolition woman
expressed the desire TO have the skull Of rebel drink
out or he read from letter published in Addsons
Spectator written by jealous woman:-"Coud but
conceive how cruel am one moment in my resentment,
and at the ensuing minute, when place him in the
dition my anger would bring HIM to- how
That is just this When she placed him In the condi
ton her anger brought him TO, she says"Peter viii you
not speak to me in the manner and the language
who .dotrs but doons, who murders and adores" On
the question of the defence Of insanity the District
orney remarked that the acts purchasing pistol asking
for a small one, remembering the names Of all the
places she was directed to- going back to the store
her saying she had but good five dollars and two dollars
bad money-all this, he conended. showed no symp
toms OF an insane mind He would TO God that the evi
insane at the time Of the homicide and he and the jury
would have been spared the performance Of their very
Mr.. Hall concluded very able, eloquen. and arsu.
q 7cSF SsScff ,: H .''.e.'0 ''0~ ''n O'CLOCK a ~
JupGE's CHARGE.
The jury having expressed desire TO have the case
submitted 70 them this evening, the Judge proceeded TO
deliver his charge. He said
the 18th Of june Of the present year Peter Real came
to his death by vioence-namey, by being shot with
pistol The Grand Jury, by an instrument under their
hands have charged afemale who gave her name as
Mary Real An indictment written accusation Of
more persons Of crime upon charge presented and
preferred to grand jury They have charged that 1t
was done with felonious design; that Is, that she in
cuon, was murder The accused, by her plea Of not
guilty has thrown upon the prosecution the onus of SUBJ
Contained in The Indictment The prosecu.ion then, sen
temcn must satisfy you
l. or the death Of Peter @. Real.
q That he 10 his death by violence at the hands
OF Mary G. Real
g. That Il done through premeditated design TO
effect his DEATH or, in other words that she intended to
murder him. Unless the prosecution has adduced before
you satisfactory evidence Of the truth Of these PROPOSE
tons, you must acqut the accused.
Our statute defines q murder to be the killing Of q
human being by premedtated design without the
thority OF law, by poison, shooting stabbing any
other in any other manner and which
slaughter excusabe iushabe homicide. II Is
mitted In Of these ways The first only has any
reference this case that is when is perpetrated
from premeditated design TO effect the death
Of the person killed, or OF any human being.
To try the truth or fasty OF that charge
you have been empannelled. The defence has
admitted that Real Is dead and that be died from the
effects OF pistol shot wound fired from pistol the