New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-16
LAW INTELLIGENCE.
COURT OF OYER AND TERMINER-Oor la-Befors
Justice baRSAHD

IHk REAL MURDER TRrAL--sIXTH DAY.
Ihs courtroom aud the approaches to 1t were
dene crowded day large number of enses occupying
I'd. ih'ids Of the railing IN the chamber.
hu~ James IN commeDciug argument for Tho defense
properly conhDsd itself the mere proof of the nutder aud
hsd been LEFT for the defense h- circuns
sir about There were he ssd bat two points I'm t. case
s has this murder IS charged commit ed wi lully with
aea ocsign and %, " .Le did thus the
GER ice state Of mind that Influenced act
wss she morally responsible.
MI james proceeded then to discuss the frat peint in,f,
ing mat tue prosecution had gnsy fsied to tee
fact mat tns mnrdeT was conni'ted wuy sad prenei
tsdy He coDeDded thai the whole evidence cuded 10 nov
that the murder entirely accidental Ia this coun.ction
the evidence Of Dr. Brown cited as TO s oonyesien
with the risoner and his statement sue had told hin
that the pistol lad gone of In the struggle accidentally
statement which the counsel 'sid only c0obot.d ali her
him The counsel spoke the evidence
tie other and argued that tho circun.
stances OF the case no one would deny that the prisoner
under ,mpoery insanity and why under the stat. Of
mind should not rah act be properly assigned tho
Mr. James aid he should insist in this that Il
either Of murder noicg The practice bad obtained
IN this country Of prosecuting officers compromising with
their coneIce they found they could convic, OF
capital crime Of urgDs the jury to png IN for
as ha eed and q Of mind IL MURDER and
nothing else Mr. James urged the, the onJ evidence which
been pre- and vii fol the testimony Of Police
Mclha who stated hat she bad said 70 him. " done
IT," The counsel insisted that the testimony o.
his witness entitled - NO weight that was gwen Ia
very sDd showed that the witness could not
testified to hearing ths expreson in such position that II
uttered four other pcrsols must have heard ~ ana ~ either
OF these four persons did hear IT, the resuH pon was mat u
he'd never been uttered. -
TIE uded this point In hi. argument by Insist
ng that his theory that the prisoner went TO
Office intending 10 commit socice 10 h. presence that de-
ceased eBdeayoed to prevent her AID Ia the erugle the
Mr. James then proceeded discuss the 2d point he made
in this case: that II the murder was seusy WHOLLY com
relieve her OF responsibility Tho FL argued this point
great 9Th quoting medical authorities bearing
al
show how far such sdsfen.o may bo'admit,ei
Nj james occupied he entire day sHd was listened 70 By
be throng in attendance With fhs creates, interest.
Mr.. ii-l will snpi 1hrr-dsy ~ the People. The
following vii be the principal points Of hi. srsnmens;
Thst will be the pisyincs the Jury convict Of
dr. ~ tie hrs, degrees Il she July ind from th facts ether
1as' accused provided herself Win psto! ~ tie prs
mrdasd design Herewith 10 shoot the deceased aud under
such dos sn did hail him.
IT, Or Whatsoever the purpose with which she provided tie
pistol hst accu'd OF tho tmr Of the shooting intended 10
iskn ID" life u deccased
In eliminating TIE e.iion the desis,y. formed
The nstaDro the hot s s1c eat pr-medtstei
design under H.. Jaw. wide People az, tlsk Seldom 3
H. Tbs, viii be the province Of he Jury 20 convict u
murder degree IT tie Jury hnd evidence that
the accused e, the tue of shooting nenc- 90 do deceased
bodily harm bu, without desss xiii, and under such n,en.
~. Ina, viii be tho province Of the jury to convict OF
sBsushrF 10 tie fourth degree II they tld from the isc.
that Ia tue heat OF passion by tie OF tie pistol the
cusei nvoun,niy killed the deceased q H. $, sec 10,
II thoy End from The evidence that accused provided
herself viii pistol ir'eneiug 10 pFoduce either TO intin
d,c go, 10 ID herself both being unlsgul acts
AID di 40 pfoonc" ~ aad 10 .cus oI rs was
convict kewie Of msBsaUgoie IA the fourth degree
ibid. 2 le)
VI Ihst II tn. jury aud from, The evidence h. the prs.
PROD ICED ibe pistol end In cnr .oT M posses
,ion cecos,ed wasaccenaly allied then death pro.
dnc.d b. her psb.. gigoho~ and ss IL gsiy
Slaughter ia tho fourth degree lbidD
VII the -gs OF responsibility OF iIrssponbiiy
for CRIME. uuder ocu.tancrs d-closed tho evidence Is
Had accused the .inc OF the homicide mental sp.cly
sgh tetwren the I.ht sut Of The &C, II honi
eide 81 ne time when The act Was DONE ,fiesmsn' C"s
4 DEMO. , y
VIII That oil the testimony respecting marriage ard re-
speeding thee 1rduc, ,ituRin declaration Of either de-
csssd or sccued before the dy # the homicide nsdu
80 eacet %. is-ue Of sanity nsay ereep in 20
the Jur, infer herewith s feeling or riuese TO-
and accused and should, with hefe eScep
tions. be entirely sarded