The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-02
LEGAL .TNTELLIGENCE,

CUnAA Oh UKeE Nmu AoEnAmGF-JU0HA4A AlIf.
son and L1d0w-The triai Of the Common wealth
against against Newton Champion vas resumed thus
=, Or. Wood swOrn-I am q practising physicIsn In
a tnis ol'y saw the prisoner about O'Clock the
DAY Of the murder; called TO see him profession
lowhill street, west Of Fifteenth; he was in enc
paror lying on the settee; noticed his clothes had
on, with blood ON the sleeves, and God on one OF
the cuffs of his shirt; whom 1 first saw MIN
complain OF anJ thing; his pulse was very frequent;
think IL was over 15b; his physical condinon was
q sort of ply scai prostrat on and exoement: mad
hm carried up stairs, and then examined him to
see ii he had been stabbed; gave little siimulant
and perhaps a few drops OF Iaunanum; ne told me-
that ho had been vomiting and purgng after time;
at first could not get anything from him; could
not mako out at the time hat his condition the
result Of; he was like man coming out oil great
ctcment reaction after great excitement; the first
time was with him from half an hourto an hour; at
tne hrst tine when left hun he could speak more
coherenlly, and his pulse was down and excitement
suDaued his condition was ameliOrated; l
nothng that indicated mat he had been drinking;
m next aw him in the same bed, late IN the afternoons
" Wes, suppose, about O'Clock, couldn't say
% %Srpmleyi m DIS condition appeared TO be pretty well
isterod to him few drops OF laudanum and some
tnlng else, DO not remember what; saw him the
next morning he prest Rted the symptoms then;
the weakness might have been occasoned by the
vomiting and purgng; shortly after that went
around with The police and was asked If he could
be removed, and said yes; do not know who re-
sided in the house 1 knew that winch was on the
clothes to be bl lod from the cOor, and the way IN
which 1t was on supposed it to be blood; didn't
examine It with a telescopes it was fresh blood.
there was not great deal of blood; / could not tell
how much space 1t would occupy; when frat saw
mm could not tell what was the matter with him
The Commonwealth mere closed
Mir. Clarence Borden-May 1t please the Court and
Gentlemen of the Jury :-lhe defendant at the bar
having received good education, entered into the
service OF the United States about the year 1861,
From that period until 1865 he active service,
with the exception of the apses OF time which inter-
vened from the date OF his leaving one yesssl to that
of his being placed upon another. He has served
the capacity OF engineer on board the Anneso'd,
PdtOnee, Leki0h, and CIdtdted OF many who were
acquainted with him during his ocean career, few
very few, indeed can we obtain to testify in his
behalf; many have fallen victims to disease in un-
healthy climates, and some of his shlpmates are now
absent in distant waters.
Gentlemen OF the Jury-Our defense will not be in
theories, nor in speculation. We will try to follow
what Saint Paul said TO the Thessaonians -" 70
prove all things, hold fast that which is good" Now
this case seems involved in kind of mystery. The
Commonwealth have failed to prove that the de.
fendan at the bar killed the deceased on the 10th
day OF August; whether that killing was iust6able
or whether il was on sudden proYocatiop. They
have failed TO show whether II was an assault pre-
vious TO the mortal wound, or at the same instant or
Gentlemen Of the Jury-There was no weapon at
all found upon tho person. in the room, or in the
found upon the prisoner? Aud what does DR.. Wood
judge blood but by Its color You cannot judge of
blood by the color. microscopic test is the only
test by which blood can be judged.
There ia another matter to be considered, and that
is the length OF time tnat expired from the hour
tnat the deceased first into this house Ele
yenth street until he went away. The period, be.
lieVe, five or six hours. Now IS It not probable
ana a tmes coud have gone into that
| house between the hours Of IL and o'clockf
Everything seems favorable to such probability.
| Mrs. Ty son went out OF this house, was gone an
| hour. and half came back. and went to bed.
During the time Mrs. Tyson was out. the
believe had cnsrgs SfsnRs Sf nsRs clSeaSss in the var
washing ana attending to the house hold work, I'd
! then you know that there are two doors to the
houss; one on Eleventh street, and the other on
| Marks Lane; that has been proved; now with such
facilities Tor entrance and exit 1t Is no more than
probable that two three persons could have gone
| into that house aud out again without anybody
knowing any thing about 1t; but, gentlemen of the
jury, we being unable TO explain his whereabouts.
the family Of the de cndant rest his defense
upon the plea OF insanity. Ihe Plea has beea
so ereatly abused by so many members OF
| very weak plea and in many murder cases that
have been tried in this Court, the plea Of insanity
IS rather different. The pr soner at the bar has
always been treated by his lriends and relatives as
one laboTiug under mental alteration. Before he
him insane, but his insanity dId not reach that
| point winch would warrant them to put him in an
he was being, treated for insanity at the
PENNSYLVANIA Hospital in Pine street, and
that he %aS from That Institution @ shG% %
proved but not cured ,thet evidenee will be given
! the defendant labor nnder insanity the sister was
placed in an insane asy lum many years ago for the
| prov to you; after YOU have heard the evidence
OF the witnesses for the deIense you will be con-
vinced that the law entities the defendant to an
The bill of indictment charges that the act was
| committed "ielomously, and with malice afore.
| thought" Now the motive is the essence of the
| ofense, and where there is no mind there can be
| no motive Now gentlemen OF the jury, when
shall cite to you some OF the auth critics containing
the medical jurisprudence OF this country and OF
Europe, think you will be convinced that 1
have not advanced any principles which they do not
warrant.
upon which persons are considered insane, and
closed by appealing to the jury to hear the defense
as well as they had the Commonwealth.
| David Hardy sworn-1 am an engineer iu the navy
OF the United States; have been in the navy SINCE
the 18th OF May, 1850; am acquainted with Newton
Champion tho prisoner at the bar; BECAME 1sc ac-
| attached 70 the United Staes sloop-of-war PdDnee
when got acquainted with him was ON the Pd,onee
when he came; we were shlpmates ABOUT 10 months /;
him every day and every night, with very few ex-
ceptons; performed watch duty; he did also; he
never performed duty on deck that was not re.
ouired OF him; don't think ever had occasion to
te him TO go deck to fill my place IN the watcl
he was temperate men; never saw him drink
in the same apartments Tor aoout four or
or five months; his behavior while on
beard the . vessel was very peculiar he
showed disposition to mingle with his mess
mates; when he came off watcl at O'Clock in the
night, and his turn came on at A. M. the next
morning, he would walk the deck alone, sometimes
four hours, and sometimes until his watch came,
saw him walking; another peculiar trait OF his
character was his inability to argue any
question; these questions were connected WITH
the business OF engineering; while walking
the deck he would frequently make
motions with his hands-take his hat off and feel his
head; he would talk to himself out loud paid nc
Ger oil the compartment, and complaints were made
against him the PGi0nee touched at ports; wen
ashore at rnoSe OeCtu 1ne neyeS onnsIdersS INN
right the time was with him on board the PdtOnee