The New York herald., 1862-01-29
THE SECESSION MURDER CASE.
The Trial or samuel II. Merritt for the
Murder Of John Swain.
COUgP OF GENERAL SESSIONS.

Murder Of John Swain.
COuRP OF GENERAL SESSIONS.
Before Judge McCunn
JAM 2s-The trial of Samuel II. Merritt for killing John
SWAIN the 3lst Of May for ntterng secession sent
ments, was resumed this morning. crowd Of specta
tors present, and the deepest interest mani
tested in the case.
The prosecution having read the deposition Of Or.
Bouton relative TO the upon the body Of Swain
just before the adjournment yesterday they declined
70 call him. Mr.. Brady however, put him the
stand before his associate opened the for the defence
DR.. Bouton testified that he found the body Of the de-
ceased lying its back in the basement the west
WALL the wound upon the person the breast and
passed nearly through the body struck Of the ribs
upon the back sido and glanced upwards. Tin to
question put by the Attorney General the Doctor said
that the wound inclined downwards very little ]
Mr.. Holmes proceeded to address the jury in opening
the for the defence, and in able and eloquent
the transaction, and then stated the theory which he
would seek to establish The testimony for the prisoner,
permitted to be INTRODUCED would show that for weeks
previous to the Swain had given publicity
his violent secession sentiments and that at the time the
through the city the deceased publicly proclaimed his
joy that the gallant young patriot slaughtered.
The first witness for the defence was William II. viii
SON, who said he know Swain, the deceased, and had
heard him express his sentiments with reference to tho
troubles Of the country
O. How often in whose presence and with what degree
objected TO by the Attorney General, whereupon dis
cussion was had upon the question.
The Court decided that he would allow evidence to show
that the deceased TO shoot or take away the
life Of those who expressed different sentiments from
him. but he would not permit testimony showing that he
expressed secession sentiments alone without any threat
to take life
Charles c. Leigh was called, when Mr. Holmes offered
TO show that Swain had said to him that he would hang
shoot assist to hang and shoot all republicans
abolitionists in the community
O. Do you recoIlect OF expression by SWAIN the
w "A igc
slay any individual more in the community rob
jectcd TO- Question allowod.l A. have.
Y. When and who was the individual referred tor A.
Seward, Greeley Wendell Phillips, Garrison and
ber such individuals and other leaders OF the black
republican party as he called them He (Svain) said
that these had produced great disorders in the
community and that he would like TO unite in hanging
them or shooting them.
To Mr. Dickinson--I did not hear him threaten to
shoot either Of these men personally.
A number of respectable witnesses were called to
show that Merritt had excellent character for So
briefly, industry and quctness.
Mr.. Brady then summed up the whole Of the evidence
commencing by enumerating in forcibe manner the
contradictions Of the two witnesses for the prosecution
and then citing the Of homicide its various grades
He conended in able argument spon the law and the
facts that there was not sufficient testimony TO clearly
show that he had tho intent 10 kill SWAIN There
many eloquent and patriotic passages in Mr. Brady's
speech which, from the peculiar nature Of the
appropriate and admissible
The Attorney General followed in behalf Of the prose-
cuon claiming that the evidence clearly established the
charge laid in the Indictment. The great question for
the jury TO determine whether Swain fell by death
wound Indicted by the pistol which the prosecution be-
eved they had shown TO be in the hands OF the prisoner
Mr.. Dickinson urged upon the jury the Importance
of yindicating the majesty Of the law by pro-
nouncng Merritt guilty OF murder. The utter
ance Of treasonable sentiments was no justification
for the deliberate shooting Of Swain. He maintained that
il was the disregard OF law the part Of the people
Of the South that had brought about the terrible condition
OF affairs and said that If glorious institutions
maintained the constitution preserved and the Union
saved from destruction It would be because
upright, inst and moral people, and administered the law
impaftially.
Judge McCnnn delivered brief but very able charge.
observing that the eminent counsel both sides by tho
in which they summed up the case had relieved
him Of much labor The jury in the consideration Of the
question the guilt OF The prisoner
TO take account all the circumstances and at the
time the accused fred the pistol they believed he intend
take the life Of SWAIN they would render verdict
Of guilty OF murder In the first degree His Honor
alu1ed 10 the grades Of mansaghter, and nti
mated that the Jury thought the evidence warranted II
they could convict Of mansaughter in the third degree
which was defined TO bs the taxing Of the life OF human
being heat passion They could also convict Of
mauslsughter in the first second degree The City
Judge gave brief synopsis Of the evidence. and in
clusion said that upon review of the whole case,
reasonable doubt existed, il was the property OF the
prisoner.
The jury retired at halpast three o'clock and had not
agreed upon q verdict At late hour last evening