The New York herald., 1862-10-16
TIE ALLEGED HUSBAND MURDER.
Court OF Oyer and Terinfner.
Before Hen. Judge Barnard.

rs
tne proceedings were TO commence at ten O'Clock. The
,ru.r nar vss almost entirely occupied by ladies. The
passages leading tc 'nrt Were 'saoie fom 'no
number Of persons assemble,
The District Attorney said that he noticed in no hall
barge number Of the members Of the haEAnl he sug-
gcsied that the sheriff and his dcpues lh, be good
enorgh 10 discriminate between the masses and those
Who were entitled 10 admission % ,he court rccm
Judge Clerke, Judge MoConu, Recorder Hoffman, the
CSmrisoller, Judge Psckham, Judge Hearn and other
gentlemen were ssc9wmodslsd with seats on the bench
SSsidc Judge Earaard
Nr Edwin James addressed nc jury behalf Of he
accused lie saiaI has fshca TO my lot, gentlemen o.
The jury TO havo The grave a@ important interest o' ~
dressing you advocate for lhe accused this case
cOnded 70 my c5re. Every advocate nIst3ecessariy
feel deep ond intense anxiety The fate OF his client
without no advocate gealOusy discharge his duty
The greatest and experienced advocate that ever
kscrnod The Engsh bar said that lie hoped to know
she hour when he should feel deep interest in
thc person whose fate commtedto his care. II thai
Under ordinary circuns ances, believe me sincere
when tell You thst feel anxious than can express
this occasion am comparatively a stranger Ia this
country and to yorr courts II s scarcely tweiye mehs
vince the court OF which the learned and able Judge
Is member did the hener TO admit me to
fhe bar--a bar At which, with miserable
most honorable, and kind, and generous welcome. II !
Sec deeply anxious before the trbunss Of another
ro-say and you that have but thing bear
M this sylrg occasion, when this unhsppy girl
cngs With perhaps tqo m4ch reliance nd too much
b;cee 70 me ics0e exc Ions OF ner advocate, aud that
Is thai the game answering ovo Of tnarcy aud Of justice
that inspires an ingi!sh advocate an auinates Ing
hsh l0fy lives within the precincts OF American trbu-
nak that the saao npai tahty and Justice that adogus
the Eng ISL bench is also manifest, this trial proves
'e judiciary this country and thai the Iary Of this
country feels as deeply as the jury of ngand that
The trial by jury ia the palladium Of their liberties do
not aslyyonr srnpa.hics ii this case ask your nice
flta
knew that the honorable and learned Judge vii hold
Abe scales q see with nm even aad unialtcrns hand,
and that they viii not WayeT even IN the esima-
ton OF Lair. i is that eeling which bears
up aud gives ne conlletce in addressing You,
mparat, ey stranger and feel tina. breathe tho
sanc atmosphere o. pare ani impartial justice is
rreslhed in the conrts where il has been my for.
yrnc q practice. What Is this casef My honorable
fend ogepct 70 yea adroitly, bat in rather meagre
Masncr lie presented 70 you ilarciy scene such
almost would be prcsoutea IN The Drama He gave yen
nc account u s NOS did he saggest what motives had led
e. u 10 lifted the Cnrtala and presented the scene
About three O'clock On the l3th Of Junc aat in Broad
way the sun in the beavers attended with ths pascanta
Of the world, IN the presence o. four indy uas in
soUnIG house or store, ia The most foquerted part
this great metropolis man js shot. He Is be
nyng, and grl is knoolng over hitn catching the last
Tailoring accents from his dying 9s. He told you not
how had been brought about but he lifted the
curain end presented 10 you almost tab,ea1
the stage. You see IN picture historical por
trsyea m you see Oh the stage one Of The grand cut
Minatjns points os the mighty drama, you anxious to
know Sbst the aLteceuents are--what, 70 use the
words Of shaksrere, ''has brought i to this PASS"
you are anxious 10 know al the ects that have brought
about that position. II ycu vi-gmius. with his
daughter il his arms You anxious TO know what The
C the s So the District Attorney has pre-.
sened tc you fearful sscre but there must be some
for it. Tie District iorney las lett to
plan how it that this could have been brought about
And undertake to do We undertake 10 DO it sa-
tisacicrily Two questions arse Did the accused,
the 18th Of June, wlfuy and ieion;ousy and with pre-
medied design effect the death Of Peter G. Real dis
charge aad shoot loaded pistol az him? That is The Ist
proposition which he prosecution must make and
Esy your minds upon without any reasonable doubt.
Ihe second question Is one the Importance of which
th,pg can transcend IL asks You and the learned Judge
md my honorable friend ana my self 10 perform duty
from which juries must not shrink judges viii no;
eiT Ink. and which the advocates each side cannot
avoid The inquiry is OF the most solemn sacred
10 which the human mind can apply itselr-na,aey
she did DO this what was the state OF her mind al that
moment, and she morally accountable and legally re-
eyons bic for iti ! imagine inquiry more
solemn Ii trelches On the very iims OF numa rnoyi
edEe. Bat IL is duty which dcyoivcs yen and ns 10
ascertan, as far we can how the intellect which i
p1e canse Of ell emotions, affected Tie
will be- has the prosecution established 20 your snti.ae
ttcn beyond al reasonable Doubt that that day sic
wnfaiy, ioonorsy and lr.med aiedly inarisred Mr.
Sea'f submit to you that, IN reviewing his cydcrcc,
The prosecution has signay failed, and Inst The whole
the probability Is this accident occurred With The ex-
caption of The evidence OF the policeman McFal, The
whoo cnt % evidence gees 70 show raDcf that tht
thai pistol Nj. James commented McFais testimony
sh wing how unreliable was nasnuoh tho words 10
which re tes.ied''I done it, done t yen SioH what
have got 20 safer for It; 1o''wsIe repfcSencd
g uttered IN the store IN presence four cher
Aceses, one O; whom hal heard any such remark
outside Of that expression there nothing In the case
70 shoS hat il any hing but accident. Without
faputuig anything like intentional iaisebood II
Ecfan. he showea how careful juries oGght
ucerea aud uFtsneaa the cseo of Courv.3 ior ,r,sl
and executed for the murder cT lord wm. Russell Al
Though Courgcser actually confessed his guilt his
counsel, no could not have been nvieel 4 Tot
th,t poi1e oacer high - Authority testified Z andpg
ia Conryoslors carp bas .r Of white cotton doves
sBcn be had beer accustomed 70 wear saturated with
Blood. II afterwards Turned out that that officer had
actually procured the gloves, saturated them with blood
and placed them where thcy we're icund Counsel mad
been surprised 10 from the Dstrc, Attorney points
That he Intended, he coua noi get averdct o. murder
% nsk for verdict OF magaiaugbtar. II man
slaughter i was m-rter or nothing II she did not 6rc
ale pistol at all or was mol accounts bic for her actions
was neither murder noT inaiaSht0r. she did hre tie
pistol del berately aud with accountability her
tions, ~ was not mansnughteF; II was murder This
case for compromise verdict The witnesses all
sSreed In stating that there struggle, and there
of lbsm who did that the circumstances
perfectly consistent with being accidental
Whistler The deceased had pulled the pistol down upon him
Heaven only knew n was clear however tbs; IN such
ease the pistol would have been discharged, and scch
. wound Inflicted. Counsel qgoled the testimony of
several witnesses his branch OF tho show The
psss,bty or rather the probability Of the pistol having
been accidentally discharged lie ,heE The other
branch Of the casethe question Of moral iasaniyand
qaoted largely IRON the most approved writers on nei
cal 10 establish that existence is recos
ized and s characteristics marked IN this injection
Mr. James animaavertst very severely on the testimony
Of Dr. Raaney He referred 10 the ca.e of Mrs Brorgh
tie wet TO the Prince OF Wales who got up the
Gsgbi murdered ber CAllui OH without posi-
ble motive, and who only saved from the gsow By
the evidence vf the eminent Dr. Forbes Nnsow ~
whom she had mentioned the fact OF her having bad
that night remarkable pressure OF the hrsin which
produced The irresistible Impulse 70 get Up aud murder
hor children and who saw 10 the case unini.taSabe
Instance Of moral insanity. Mrs. Brough Afterwards died
. faving maniac. lie also mentioned the cage Of
D1mens, who ATTEMPTED 90 assassnatc Louis
XIV, and who said that II ne had been sed
aiat morning the thing wo4ld not have occurred
He also referred T. the of SIR samuel Roni,y bo
retired his study and his owD throat Tie bleed
sng from the throai relieved the brain restored his
reason instantly, Though he died "a. wo nd inflicted
Was she he continued state Of mental hil,ty
noU The prosecution has called medical evisncc 4,
has failed sgnaily aud o. egolsiy failed Ihave = wit.
who DECISIVE you. II the epsrits Who have
scft their teneI1ens OF clay are alagine con
81 the u ths world call Peter pe. a.
any witness n this eirls insanity. Who knew potter
than Ec the lnisost workings ol he: heart WHO knew
better than hs the grief ad misery that be had caused
Ler Who knew better than lac that he had driven her
40 distraction and despair May the earth lightly o.