The New York herald., 1869-06-12
MURDER CASES BEFORE THE COURT OF
APPEALS.

dar-HIstOry Of the Crimes, Trials and
OBSERVATION-DISCLOSURES Particulars.
ALBANY, June IL, 1859.
The Court of Appeals Of the State of New York
meets at the Senate chamber Of the Capitol on the
morning of the 18th of June, and at that time takes
up its preferred calendar In view Of the sympathy
that should always exist In civilized communities
IN favor OF persons held on criminal charges, and
in obedience TO that sentiment that gives three
chances TO every person held for crime when either
the reputation ambition Of lawyer Is at stake,
or convenient friends shell out their stored gold, the
calendar presents in position Of honor three cases.
two murders and one burglary. Until these cases
are disposed Of the business OF the virtuous and
honest mem bers OF the community must rest, and,
therefore, the State has SO honored them, it s due
that we pay our first respects to history Of their
sorrows and their trials
The first case is that Of Joel B. Thompson, who
was tried at Troy for the murder Of Thomas H. Bailey
on the 2oth Of January, 1857. The case shows that
on that day the man Bailey, having been crediby in
formed that Thompson had offered some gross in
suit to the deceaseds sister, sailed out from the
engine house OF Of the Troy steamers OF which
| he was an officer, with friend, in search Of the
despoiler OF female virtue. After going TO different
saloons, these being the favored visiting places OF
the prisoner, he the prisoner, who had in the
meantime been informed OF the anxious Soil
citude OF the deceased regarding him. And
here comes in one OF those singular Illus
tratons of the lnaptitude of the human
mind TO keep itself clear in the midst OF excite
ment. II seems that Bailey had friend with him
and that Thompson was similarly accompanied. Up
TO this point the evidence is plain and clear; but
here the stories diverge most marvellously, Baey's
friend testfying that as Bailey neared Thompson,
intending, in quiet and peaceable way, TO remon-
sirate with him in regard to the slsterly difficulty
Thompson drew revolver and shot the deceased,
who died in few minutes; that there was nothing
on the part Of Bailey that indicated any anger
nQctn IN
that Thompson could have been influenced by was
the knowledge tnat Bailey was seeking
swears that as Bailey came up he struck
Thompson violently in the face after there had pass
the prisoner drew his pistol and shot. The testimony
OF both then united In showing that THOMPSON i'm
the deceased cried out, 'Dont die Tom. did not
mean to kill your The case was very ably tried for
the defence, and verdict OF murder In the second
degree rendered. The prisoners counsel then in
view OF the indictment having been found for MUIR
der In the first degree moved for an arrest OF judg
ment on the following grounds
First-That neither IN the record nor evidence is
there any ground or reason for conyicting the prls
oner OF murder In the second degree.
SeC0nd-That under the charge and evidence the
jury have convicted the prisoner OF murder in alb
sence of any intention TO kill when the only proper
verdict should have been Tor manslaughter or Just
fable homicide.
TY,ird-That the law does not authorize a convic-
ton of murder In the second degree upon indct-
ment charging murder IN the first degree or upon
the Indictment IN this case.
This was denied by the court On an appeal to
the General Term the judgment OF the oyer and
Terminer was reversed, and win be argued on
writ OF error on the 18th OF June.
The next case that looms up to bother the august
mi nds that form the dernier resort OF hopeful but
hith erto unfortunate lltgants Is that Of BENJAMIN
Teachout, who amused himself from the 27th day OF
December, 1851, until the 10th day OF January, lses
when death relieved the sufferer, by mixing arsenic
with the different medicines that his wife was
taking TO ease herself during the sickness that pre-
the case. made by a celebrated Buifao physician.
shows that after a careful examination he found
incurable organic disease OF the pyloris, probably
not aware OF this fact and so used small quantity
of the poison to make sure thing OF the illness.
It seems that the wife was in the habit
of taking swollow of valerian tea TO re.
move the bad taste that was left in her
mouth by the bitter medicines she was using, and
into this tea the afiecuonate Teachout placed q
quantity OF the poison. One would think this q suf-
cieu evidence OF his regard for the comfort OF the
wife OF his bosom, but not so thought this model
Benedck. He was yelling over with solicitude for
the partner OF ms Joys, and again ne put shield
world. The deceased was in the habit of having her
wakeful nights eased Of their misery by few drops
anodyne, and which was called, in the affectionate
language OF the home circle, mothers drops,n this
model husband put quantity OF arsenic, for, In the
language OF Dickens Blacksmith, che had that good
In his hearth
The trial came on before Judge Noah Davis the
10Th day OF September, 1865 and after four days In
which time the jury were satisfied that Teachout
carried his atiectonate regard little beyond Inat
point recognized as legal verdict OF guilty Of MUIR
der IN the first degree was rendered, and lle I'm.
macuate Teachout sentenced 10 be hung on tue l5tn
OF November. 1858. or course 10 was not possible |
for a loving world TO let the innocent Teachout go
or In this unwholesome manner, ana so exceptions
were taken case made and argued on the lst day |
of MAY 1859 before the general term OF the SUI |
preme Court OF the Eighth judicial district convened
At Buffalo, N y. The Judges being IN doubt about
the propriety OF this wholesale administration OF |
poison affirmed the judgment OF the oyer and Ter
miner, and feachout was yer in jeopardy This was
at once remedied, writ OF error was granted, and
the Court OF Appeals are now 20 decide whether
TeAchout Is entitled TO new chance TO perform on
tue stomach OF another hepmate.
A UoAx ExrosFp-Mr. Thomas Barrett, who was
ons of the urymen In the trial OF webster Tor the
murder OF Dir. Parkman, and the only one named \
Barre on that Jury is resident OF this city at this
time and one OF our most respectable citizens. lie |
mas not changed his mind In regard to the justice OF
tie verdict nc rendered ana Is astonlsheu at tne I'M
80 hnn nasnmed his eipnature. and cOnfessea -