New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-19
PLEA FOR THE PROSECUTOR.
ARGUMENT FOR THE DEFENSE.
s peeislDisps,ch to Tho'N. Y. Tribune


An immense crowd awaited the opening OF
the Court this morning and the greatest interest was
manifested to hear the Arguments III the case The
prisoner did not appear in the Courtroom to-day and
could be asce.taned Tor her absence.
Judge WYE, in addressing the jury, and while
granting and refusing certain prayers Of counsel pre-
scented yesterday, said relative TO tie prayer oil MI
Bradley. asaing that in case any doubt existed in
The minds of the jury as 20 her insanity, that the
prisoner receive 'the benefit Of such doubt.
That whatever may be the individual opinion may
entertain or this question 20 which do not wish 70
b. understood as conveying any animation am con
WINGED that the law is not IS expressed IN tins prayer
On the contrary the Court uSrucs yOu hat the defense
SET UP in this must be made out af,rmatyey be-
yond reasonable douh by sprep0ndeienee ofevidenoe
There 10 be found some authorities In THIS country
which would sus ain the prayer, and admit that TIC
tendency Of the courts 10 hayeset ia tla direction;
bat the weight of authority ~ still on the other
side. and feel especially bound. respects my own
course on this question. by The decision N
Foeys case, made by the late Circuit Court Of
The first prayer offered by the prosecution i not
granted, for reasons wh.ca tie Court has already
granted the t;si d second prayeT OF the defense
Judge Wyle spoke at some loneth on this prayer,
giving his reasons for granting it, lie referred TO
several authorities TO support his decision
"If ut the time of the commission OF the act tle party
!aboIug under an insane Impulse produced by
either physical sufficient 10 delhIUne her
q b
for the time 10 dethIone reason the party insane
The second prayer granted with Tins qualification 10
be added: Or was mpc!ied 10 tie act by M insane
impnise produced either b. diseased physical condition
OF hy moral operating on diseased state oi her
system singing her 10 madness ara for
the time disp.aclng recson from It's seat. lac
third prayer is not granted 1.-THE &c. III question
was committed " lie the prisoner was Insane IN me
sense already xpued she capnot be made responsible
for it By any conduct, declarations or behavior On
utder the government Of hcr To1son
the fourth prayer was grcHte1. The Try must DC
satisfied beyond reasonable DOUBT HAT tie piiso ~
not merely liable 20 The insale attacks referred TO-
hut That the act In quesil"a Was c.nhi'ted cy her
while che was actual possessed and lrresstiby ,on
trocd by The presence aid poser OF one 81 ihem
The nith prayer - fne pIOstcuoa Is reused Inc PISA
in TINS case is -mly nos guilty, ana The act o Con.
ercss does uot require tie july 20 state upon what
reasons they ale 10 lind tier verdict"
Mr. Bradley desired the Cour to note the exception TO
the third prayer Of tie defense.
Nj ison. the Assistant District Attorney
then commenced his argument 10 the ilry
opening tie case on tue part of the prosecution
lie Getaiicd TIE cirC Imsiancos Of the accused
coming all tie. way from Chicago, meeting
the deceased, concealing herself and shoot
Ing him down. Tie defense had not only set
CO insanity but tloy endeayored to attack the
memory Of the deceased. After commenting Upon the
letters Passing between the prisoner and the deceased
he said that what D. Burroughs had done was Only what
brother would DO fyT q brothers WIDOW and orphan
lie couteIded IL tie whole cause Of bouioice was
Jealousy and nothing bu, Jealousy prompted her 20
commit TIE act lie revived the evidence ~ some
length aud called the atteation OF the jury u the
testimony Of d. Fitch. lie con,cnded that tie
Circumstance proved Of her shedding tears under
certain circumstances; her attacking lady
with a carving knife. SC. were ony symptoms Of
hvstoria, which medical Rad testified 10. Sic goes
TO lawyer to sue burroughs for suit Of breach Of
promise Of marriage sic states him that she has but
one object the indication Of Ter character. Nj. "
referred 10 the deposons o. Mr. Davis Of Chicago.
She said she did 90 TO Washnrtos. because
she did moi know what she might do if sAe met bin
He referred to this 10 Indicating jealously. We now
come down 10 the time ~ tie actual commission OF the
deed Until some five minute after she committed TIE
fatal deed-frcd tie fatal slose gave evidence Of
sny cause which had actused her 10 do IL. She sho;
at lin the second tine and then deliberately walked
away. attempting 10 make her escape into the street.
What Is there about the commission Of the deed 70
make you think she If nsanef DR.. Nichols says one Of
the FOL his opinion that she did moi take the
first opportunity commit The Is that evidence
is there any evidence show you when she opened
the door the deceased was in u position where she
could shoot BIN Was the fact that she
threw herself upon her knees tore her hair and weps
nature made of that uch act done there that
you'd not call forth the greatest horror
After referring to her conduct IN prison
as perfectly natural under the circumstances,
Mr.. W. then examined the hypothetical framed
by Mr. Bradley, endeayorug to prove that the mar.
mage engagement if ever any existed. terminated
eighteen months before tie commission Of the deed ho
closed as iollows:
Gentlemen if you have read the secret history
Of any great criminal you will find that from the time
the crime tier head the struggle - not against
IL, but always looking 70 tne execution OF
the crime They struggle and struggle until
finally they reach the bloody shore upon which
the victim stands. SO II was IN this case
when she SAYS TO her attorney that her whole love was
turned tO hate and that her sole cect was 70 vind
cate her character Although AZ Macbeth, she hears
voices and visions which do moi exist, II is only
the memory Of her deed that visits her and the sngs
Of conscience which give her PAIN You
know gentlemen, that in almost every nature
fiery passion Of hatred OF anger and revenge.
which sometimes almost threatens To brcak The barriers
1t is the fear Of punishment that makes the pathway OF
society secure II Is 10 you 10 look that the laws are
executed ard justice satisfied. Though there may be
sympathy for WOuanhoOd and pity for YOUTH there must
be punishment for her crime.
At about one o'clock the Court reassembled, when
Judge Hughes commenced ais aTgoa eat OIL the part OF
The defense. He said that the killing either a
deliberate or premedtsed murder it was no defense
at ALL It's not because the defendant is a woman
that we expect an scQnital at your minds.
She has neither wealth station nor kinsiok. nothing
10 make her friends except her msicrtuneS and her
GOOD conduct But we ask you to acqiut her because
she is innocent After referring 10 the doctrines OF the
prosecuting attorney old aDd exploded and bis ad'
dress as a total failure. he said: