The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-07-22

rated from her through the acts of this
unfortunate man whose life she took. 1t
| is not for that we ask you to acquit her;
but we ask you to acquit her because she
is innocent With that little pistol she
was the instrument of punishment in
the hands of God. She shall answer to
Him alone for what she has done, and
not to human laws. Gentlemen of the
jury, one of the most painful duties that
ever occurs to counsel in the necessary
defence of one is to bring up the life OF
the deceased to show the stain upon 1t.
Could we have traced the history OF this
case without doing so, we would gladly
have done 1t. Gentlemen of the jury,
the Rev. J. @. Burroughs was response
BILE for the death of his brother. The
evidence shows this. A doctor of divin-
ity tells you that when policeman told
him that hundred dollars would get
the woman witness out of the way, he
said nothing-not a word of disapprOba-
| tion-and comes here to swear away the
life of this poor girl. If his conduct
! does not damn him with his congrega-
ton in Chicago, then commend me to
| the public spirit there. Attack him
Yes, we will attack him, and just God
will attack him. The girls parents are
poor, but humble. She did not enjoy
the advantages of good education.-
She was employed to attend in gentle
mems furnishing store. She here made
the acquaintance of man twice her
age; acquaintance ripened he wrote
her frequent letters, filled with express
sions of love. She desired to do moth
ing but to please the man whom she
loved. Judge Hughes proceeded to
define the law in relation to muir
der. Gentlemen, propose to show
you that there was moral justifi-
cation for this homicide. Had she done
this when she was sane, she would have
been liable to be punished. The gentle
man on the other side knew this. You
have evidence before you that she at
tempted to attack Miss Devlin with a
carving knife without any provocation
whatever. Had she not been constrained
she would have either killed or fearfully
mangled her. Gentlemen, if you had
been called on to try her for it, it would
not have taken five minutes for you to
clear her. You would have said she was
insane. If the law were applied to a
man who shoots down an adulterer in
defence of his honor, it would have him
convicted of manslaughter but in this
country I believe no man has ever been
convicted. There is mercy in the law
appointed for application to particular
cases. If the jury have doubt as to the
guilt of an accused person, they must
acquit him. Judge Hughes concluded
as follows: Let this poor, innocent,
wronged girl go. Let your verdict 60 to
Chicago. Let it follow this brother and
partner of the deceased-the man who
wears the livery of Heaven to sorve the
devil in.
AT the conclusion of Judge Hughes ar
gument the Court adjourned until ten
o'clock tomorrow.
1t is expected the case will be given to
the jury tomorrow afternoon. The
morning will be occupied by Mr.. Voor'
hees who will close the case for the de.
Attorney Darlington, who will close the
case on the part Of the prosecution, when
it will then go to the jury.
On the morning Of the 10th the trial
was resumed. The Court room was
densely crowded with interested specta-
tors, including many ladies, long before
the Court was formally opened. The
Hon. D. w. Voorhees, made the closing
speech in behalf of the accused, con-
tending that from all the affecting cir
cumstances and wrongs inflicted upon
her the homicide was an act of insane
impulse.
District Attorney Darlington deliver
ed the concludingargumen for the pros
ecution. He said appeals had been made
to the sympathies of the jury-nothing
else, and hecould prove it. Great God! he
exclaimed, what an array of counsel
Joseph H. Bradley, the great and emil
nent lawyer.
Before he had finished the sentence
Marshal Gooding interrupted the speak
er, telling the audience they must cease
laughing or he would arrest them.
Mr.. Darlington said: Letthem laugh,
Judge; they have the right to laugh or
cry.
Marshal Gooding responded: Mr..
Mr.. Darlington: Very well, sub
init. Continuing his remarks, he said :
If the jury acquit this woman on the
ground of insanity, they put upon the
records a fact that will make them look
ridiculous. The scene is laid in Chica-
go. We find that Mary Harris meets
Mary Devlin, who keeps millinery es-
Enlistment. What kind of an estab.
lishment was that
Judge Hughes here called the atten-
ton of the Court to<the misrepresenta-
ton of the evidence by the District At
torney.
Judge Wylie informed the District
Attorney that he should not retaliate
upon Miss Devlin as to the character of
her house, because the counsel for the
defense had attacked DR.. Burroughs
There was nothing in evidence against
the character of the house of Miss Dew
lin, and he would not permit him to
make an attack upon the house, though
he might comment as much as he liked
upon the testimony of those ladies, but
he should not assail her house, against
which there was no evidence.
Mr.. Darlington: No man shall say
that I was ever seen to cover; l dis
charge my duty in the fear of God, and
without the fear of man.
Judge Wylie: You shall not 60 on in
that manner, sir. / will put you in the
custody of the marshall; you shall not
go on, sir, in that way. I will have no
discussion between you and myself to be
determined by the jury.
Judge Hughes said he did not desire
to interrupt the District Attorney. He
therefore hoped he would confine him.
self to the evidence, and within bounds.
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