Litchfield enquirer., 1869-02-04

ed. There is no testimony on this point except as regards single fact-that she coughed and expectorated largely. You will look at this fact and decide whether so small amounts of strychnine as she might have taken in medicine, would not have been thrown off in this way. More over, the organs must be presumed to be Tn thelr natural condition, unless otherwise proved.
 You will also determine the question, gentlemen, whether these convulsions were not occasioned by disease. It Is claimed that tetanic symptoms may occur from va rious diseases. It is also claimed that te- tanus or locked jaw has nearly the same symptoms; and this may be brought aboutby slight injuries The State claims that there IS no evidence, whatever, of any such in- jury, and that the. spasms were those of strychnine poison, and not those of locked JdU. Upon this and the other considera- tions, yon will decide whether the death of Mrs. Green was occasioned in some other way than that by murder.
 If you come to the conclusion that her death was occasioned by poison wilfully administered by some one, then you will enquire whether the prisoner at the bar is the guilty person. Here the State offer no direct evidence In all such cases, the ev- idence must necessarily be circumstantial The State claim that the parties were not living in the married relation. Ordinari- ly, husband is presumed to love and pro- tect hls wifesw Evidence has been offered of the former life of the accused It was only admissible to impair his credibillty ,s witness. Evidence has also been receiv- ed of his having another wife living; of his behaviour towards other women while Mrs. Green lay dead in the house. This WAS only admissible to rebut the presnmp- tion of kind feeling on the part of hus- band towards wife. The State further claim that no other person was ill situ. tion to commit the crime Whether he was in situation to do it, and no one else was, you will decide on the evidence. The law is so, that from such d state of facts. you may presume his guilt. It is |. rule of Jaw. that flight furnishes evidence of guilt, IS sort of confession of guilt. This pre- sumption Is intensified the State claim, l,y his attempt on his own fife. They further claim that he Was in conspiracy 10 tak', the life of the Jsillor Son; and this Is claimed as an evidence of guilt, also intensiti d by subsequent atteMpt u suicide after tile conspiracy Was discovered There is q, further claim of a direct confession to Tail man and CIrter. Tllimsn Is ,ni,..ac.i,.l in the usual way, and aisu by testimony of lls statements since the former trill uf his having teatlti,l ftiseiy tt that Ii H.. His testimony must not ir: reS;.f.le.i "xc.4pt :ts. corrObora;et, a1d the ] on.Y s., i IT :.s 1t l., cOrroboiatei. 1 leave th., wn')t, matter regarding lis test, sh3iy ad 1 regarding that of C.lrtar, With yJu, gensltn
 1t is also claimed O., ti p,rt ,,f iilt ,i,,- fence that the prisoner Iiai fl" Ill ,tive to hurry her ou the ro;I she wt, sure to tray ei. Of this, also, you will judge
 The responsibility k now with you. se,h- tiemen. You will Sec that the interests of the State be sipportel. Y,,a will see, also, that tIe prisoner be De not injured by considerations oatSl,le the c,,e. Y,m will look ut the law and tha evidence and re- turn such verdict as they require.
 must aEs instruct you that If you finl the prisoner guilty, yn't must declare in your Verdict whatllrr y.,i tinI the prisoner guilty of til lr.ier in t,e frs of sec ,iid d .- gree, inas.n.ac.i is tile st;,tute recogniz. $ two degrees of murder. B tt must fur ther Instruct You, that ulier this st ,tut.', and .npou this indictul ,ut. If you fad the prisoner guilty, at uil, You must find hlm guilty of murder ln tue first degree.
 The jury retired, bnt returned, after b. ing out about an h.,ur. unable to agree. They were sent out again, with no better result, aul finally th1 court took b.ck the papers an.l discharged them from further consideration of the case. W, understand that nine favored, and three oppos sl, con- viction. Of the three, two were not con vinced that Mrs. Green died from the eff fects of poison. while the third, having ob- jections to co capital punishment, woull only consent to conviction of mnrler in the second degree.
 Whether Green will bo tried ag,in for murder has not yet been decidel. An in- dictment has been filed against him for bigamous collabita Ion, under the statute.