New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-01
THE HILL MURDER.

A NEW TRIAL REFUSED GEORGE 6. TWITCHELL
he IS SENTENCED TO DEATH.
This morning, George s. Twitchell jr., con-
victcd Of murder the first degree IN killing Mrs BIZ,
was brought from prison and placed In the dock with
Carroll and Hart both Of whom under conviction OF
murder ia the second degree and manslaughter Since
his Trial ard conviction there has been little change in
his appearance. He readily and without dis
playing any nervousness with his friends. The court
room was densey crowded As the questions involved
IN tho motion for new trial presented points OF law or
interest the members OF tho bar there was an anxiety
the part Of the lawyers 10 hear tho determination OF
Judge brewster delivered the opinion Of the Court.
referred the fact that counsel FOR the prisoner had
sat quietly listening 20 the charge OF the Court ana lad
offered objection TO IT, I'm fact they had even With
drawn suggestions that they had inaae ana ,naL he
Court about 10 answer but now when the Time iOr
correcting anything that was wrong before the Jury had
passed they attacked the charge, and eDdcayOrcu 20
make us supposed errors siOunu iOI new uaL III co-
clusi0n he said We have carefully reviewed the tcst
mOny and OF opinion that cannot disturb the ycr
dict Fun tine was gwen 10 the deehdamt 70 prepare
for trial He asked for continuance. The jury were
Of the defendants selection; they listened 20 the
whole case with great patience aud untiriDg aten-
ton. We we're anxious to rule every Objection
raised by the defendant In his favor, and, as already
remarked charged the jury that all the points pre-,
scented promptly Withdrawn. The evidence seemed
evidence against the accused Asit was offered item ny
tom II was eaously watched ana iercely contested.
The defendant did undertake 20 dispute that tins
case OF murder IN the ilrst degree as already seGd
he admitted and denounced alike the crime ana the
UeIuetIdtOr. ANY Othcr position NOulu nave lhNOlFtd
concession which would nave fehue!eu DE case uerlt
ate struggle IN view OF all the testimony, 10 would
have been inonsrOus suggest that the homicide was
jusiiiable or eAcnsabe inc DO" IN ana thIousn 'hs
feuple-the depth of finger through tho enple-eOuld
hardly have been received by person an erect position
If Mrs I wore tleTe cOulu Do no re.elce on
eeldefensc still less ground, II possible, was there for
the suuposon Of accident suicide or even OF quarrel
which would reduce the grade 10 mah5angter' me dc
ceased had 10 weapon; tho livng had no MARKS OF
wounds or bruise scratch The number OF blows
the bOOdsaned cushion, the body in the yard all clcd
against any suppostion Of granddaughter, or oven
murder n tie second degree There certainly was an IN
tent TO take life, ana IL was equally certain tnat ne de
fcudaut was not intoxicated There wac not TIE rag
ment Of shred upon which defense could nope 70 re-
duce the degree and 1T would SEEM therefore, 70 nave
been alike the dictate OF SIKH and the command OF neces-
ty TO 10 the jury upon inc broad question OF gqlt or
Tense early suggested the theory OF burglary witness
examined 70 prove, among oihgf hlng {naI Ger
tain man used 20 come ana WORK about me mouse
when Mrs. Hin had anything to do Tor nm ne dd u
the dogs knew him very well; ne was there bunuayt
smith" These given 10 separate questions
aud evidently designed TO show Lat the person re-
fercd to had access TO The house. came there on sunday
aud was known 20 the dogs When s remembered that
the murder TOOK Place on s1nday eDSng 1@q t 9
been heaTd-the significance OF ms item OF tc defend
tbe ssIdenee Of CHARLES Atget 10 the eoet That two
men had been seen by INN ~ le1Ye INC fOht door 1e
theory attributed 10 the defense by the
Commonwealth as TO Conrad Smith, vas
dsayowed on the RdoqSncI0n, - tna mat
was rejected by them II this part OF the case wa I'M
worthy OF belief tho whole defense ernmbed aud left the
of the Commonwealth power, hlItnHlil-
ened rather than diminished by the fruitlcss attack The
failure of the defense let ~ the whole circumstances The
deendant MS wife and Mrs Hire IN the House, all others
excluded Tho blood npOn the walls and floor; the up
raised window the bloody cushion the stains upon the
door oicloth blanket furniture, and garnents the alb
sence OF the dogs the stiffness OF the mousse the order
Of the furniture the defendants ana wordsail
spoke out Tho Shirt cuffs, and collars were upstairs
When the dofedant handled the corps Yet those arti-
ccs stained. The explanations Ci ule ueIehuant
In this behalf we're all patiently heard by inc Jury ana
they have not regarded the statements As SATISFACTORY
The stain tho inside OF the cont go1u my
been received from lifting or carrying inc Dony u
tho coat was buttoled ut the time. The exp
offered its presence NOT regarded as hasiao
tory. Have the right 20 set aside the yefoet uner
the circunstancesi Tie tests Of such appcloh ho
these Was there any evidence to justify the verdict
II clearly against the weight OF the testimony is thee
any reasonable hope that another trial would produce
dnerent resuf Applying these questions 10 the rec0Iu
II would seem impossible 10 disturD TINS verdict "a.
enty heard ana fairly tried, this issue has been decided
by the jury against the defendant aud the law cannon
disturb their verdict The motion Is therefore oVeTued
AS the Judge pronounced the last omnous words " me
motion Tor new trial Is ovcrrnled silence lasting ior
the space Of one or two minutes fell upon the crowd
At the conclusion Of Judge Brewster marks Dslrct