, 1865-01-31
TIE MURDER TRIALS.
Arguments and Instructions to the J0-
ry in xhe Case Ut Sptndicr--t1e Is
found Eu13ty.-Motton for
New Tf1als

The Circuit Court opened at nine O'Clock yes
tcrday morning, when the argument for the prose
cut;on vns commented by Hon Joseph Knox
Uc said that In proporHon to the agg7avatiou 0
thc eosc eb opld he the Eatchfu1ncss OF the jury
10 scc TINT the accused wBs Eot convicted H1tho1
evidence. or thai be should not escape punishment
| II guilty. The law had fixed tho punishment fo1
s o g IL e
Of his prncsfce he bad never seen case so pscu,
liar. Was impossible to demonstrate aselfeviden,
fense to be adopted ty The anse1 for the ACCUSED
The jury must rene bcr that although the defend
antwas charged with the murder Of Ann spind IL
Hns aleo Etated In the Indictment that deceased
was the wife Of the pfieoner-an undepf ,ble nile
gntion. The counsel for The aecused did not deny
the statements Insdc In the indictment but sought
Indictment The name Ann had been fntefch anre-
ably ueed for that Of Anna.
T. ". Evans opened the plea for the defense.
lie announced that bJ the record he was prenared
TO euve the 1iie Of the accused. Be did not deny
tlat the prisoucr had poisoned his wife The ac
cused was IN unfortunate imbecile, and should ex-
cite the sympathy Of all. He prepared to prove
that the WORDS Ann and Anna were not interchange
able ne read the following extract from Whss-
toms Criminal Law, Section 255:
"a variance, however, or an omission in tho
name Of the person aggrlcved, IL much more "a
fious thhn a mistake IN the name or add,tion nf
the % m as ne M i,taer only BE-
will bc ground for aEresttnE the Judgment, when
the error appears on the record, or for acuuittal
when yafiance ariacs 3 on The trial." nj. Evans
lion Of Providence to sare the life or the untoft-
nate prisoner The rrcof Of the murder Of Anna
SPlndler did not sustain The indictment ~tor the
the 18th Illinois. where It Was decided that it vas
essential IN all criminal prosecutions that the
aa e. ed be
Tic deceased WIS named and known az Ann spia-
dler, else the accused gould moi be convicted IN
m ne1 IL tae anaistent ns wanted The Juyy 70 eiye
John Lyle King d1sdaiiied Ill idea Of advancing
qulbbcs for The consideration Of the court Or the
tdtocy on tue part OF the accused. He conceded
that the dcfeudent administered poison to BIZ
wife. and tlat *he died from It's effects. he vas
Frosecntion to establish the truth Of their aera-
lions; The jury should give the prisoner the ben
CIT q any errors In the Indictment The Law
dictmcnt must be proved as laid. The prosec1-
lion hsd beld in their hands the means to meet
every possible phase Of this question The rIsor
Of the rules Of our Illinois courts IL in c1y cases
mucl mure severe than IN any other State He
read from The reports where a varinnce Of one
half cent totally defeated case u the supreme
the tpne1t Of the error In The ih1ichaent an; but
forward The plea Of involuntary mznslaushter.
States Attorney Reed remarked that there were
the attention Of the jury. The first proposition
Raa we Po!u. maoe y Lae 4elenee te'A:iFe ~ 1n-
,xeiuntay ,,y 4aa1sssa1eAI. f. ae ciaamea 'nat me de-
ten Days previous to the murder was fatal to the
plea Of inrplunfary nans!anghter. There was no
psorocation which made his passion irresistible.
Ii re1e1ente TO the second proposition II the jury
regarded the names Ann and Anna as separate and
dast3he1 u Was thea1 duty 10 hnd htn Innocent
=, INC following INSTRUCTIONS were then given to
tht 1ufy:
For he Roplt-:71e Court instructs the Jury
tEat. II they believe from the evidence that the
defendant adm1ulsteFed white a.senic to bis wife,
pr p:lay stated In the Indictment AMI that his
wife died from the effects tf such arsenic, sud that
said arsenic was deadly poison, then lh= Jury
SHOULD find the defendant guilty.
.. If the jury believe from the evidence thai the
proper name Of the deceased vas, in her natlrc
tongue, Anna Splnalcr, ana that when such name
II translated or rendered into the Eng fsh Iau-
ECnna it IL chilled or spelled Inn then the given