The New York herald., 1870-01-18

i0rn Az forty-nvo inmates Do8e eight IN tho even
mfpsed iis nignt AMI one moro name was added 70
the rapi6ay increasna MS Of those who haye been
.aus murderousiy and summarlly usnercd INTO tue
rnese, gentcuen. are tAe plain, simple ana mvar.
rmsd nn so iac q tn saa % case ,ew moments len A Sace
people of the stoo ci New YORK and the prisoner u
Ia unnecessary Tor me TO assert Though your SER
~ jurors at term OF tho court has been of
short duration, the term not being more tnan half
competed yet mas been source Of great grasirca-
uOh 10 hls Honor the preang Judge and 10 the pros
ecutne officers OF 70. court 10 see the prompt eble
jurors nave disposed Of the various charges pre-
sented to you. Inc duties dcvolvng upon you are
Of most cIed and YET smple nature; you are the
sole JUDGES OF tne Iacts OF as presented 10 you
ny the evidence aadNccd from the witnesses on the
when We look ~ the prisoner sf the oar snd CON
template the fearful position 70 wnicn she has BY
the laxy , Q, her depraved temper. voluntarily
man-mtght nave BEEN what sha Ia. How true and
appropriate are tnoso mournful hnes OF the poet
OF al sod words - tongne or psn
The ssddsst these sIt might have besni~
Ia this case, gentlemen, II we succeed IN proving
guoh state Of facts ~ have suited 70 you, then
trust you win permit no untoward sympathy
prisoner isa woman. 'Ils true the name OF woman
~ one for which we are compelled, not only by nat
hearts, 70 regard with the greatest love and esteem.
II il with us hallowed name for IL conveys to us
ro guile s and Snsuea BY aIsn conf Contact V With @ sSs
outer world we gatnered In Joy glee around the
f00tstool Of beloved wonan-0ur mother.
Hut, gentlemen, when q fellow creature, woman
Inougn Ane may pe, caAtS aside her womanho0d and
becomes 30 1endlike and regardless OF the sanctty
OF laws both human ana divine, as TO battle her
hands IN the life-Doo OF feAow being, should not
the same punishment be melted our TO her as would
DC were the onender man snail u be said be-
cause terrible crime has been committed by .
woman that that woman SHAH be suffered
by our courts, IN TINS eniigntcned age and
civilized community, to onend against the laws OF
God and man with impuniIy God forbl0 that such
sentiment should De sanctioned by you; for should
be- what earthly protectlon can there % Ior man
pleasure of an Ellen Uttf BE your verdict what may
Ellen UT must and VIII bear TO ner grave the Terrible
ana remOrseiul recolcctons OF the FEARFUL scene In
winch ahe was 80 guilty participant at ITO West
Broadway on The night ol september ~. 1882
any further remarks IN inc opening Of this case my
nature. NY associate, Colonel Fellows, wlii On my
conclusion take charge OF and protect the interests
Of the puDic at large. In conclusion permit me,
gentlemen, TO entreat your undivided aud earnest
unf0ided 70 yOu and ell the circumstances revealed
hJ the eye.witnesses TO the entire transacuon who
v y placed on the stand on the part OF the prose-
THE TESTIMONY.
Mary Ann Dunn IL widow ana the sister OF the
people, She Ies;lfed that after returning from The
funeral or her father on Sunday, September II,
1892 she accepted an invitation OF the prisoner to 90
to supper ut her house, No. ITO West Broad
way; her brother Wiliiam lived with Rebecca; the
prs0ner her sister, the witness and her sister rods
aiter Thomas, William aud John Barrett arrived at
the prsonere nouse the latter was not her brother
her brother Tom made profane remark, and tue
wiiss nds me %ss'er with ySu" he om
lick you every day In the week;n then the prisoner
said, eli you can lick hlm can ck your" the wit
ness supposed that she meant II for Tom; the next
no vii w w QZQl nor hnp
then Johniy ana William Barrett and the deceased
were standing Dy the door; the witness took the
the prisoner went into the bedroom, came out and
approached the door, and soon after sne heard Tom
aSered tae sofa her hand came NM ana s
witness saw The knife in her hand; the witness ex.
claimed my God Ihave YOU killed himr the prisoner
said, "No,n ana she looked "a II she was crazy; 1t
was bowie knife; there had been no quarrel
between the deceased and ner before that; the de-
witness saw MN next day and had conversation
with him. The counsel objected 70 the Introduction
OF the dying declaration OF the deceased, on the
ground that 1t not shown that all hope OF living
was gone. His Honor carefully read the deposition
taken by che Coroner and ruled that the dying de-
claration OF the deceased In this case was inadmls
sible, because at the time he said ne had q slight
hope Of recovery.
lengthy crossexaminarion, from which It appeared
that the men had been drinking on their way back
from Calvary Cemetery. The expression which her
brother made use OF was-"fou can all 60 to hell
VIM. Barrett was called ana sworn. Mr.. Spencer
objected 70 his testfying and proceeded to examine
the witness premnarily. He testified that he lived
with the prisoner two years; introduced her 70
others as his wife, and that the child In court
his. The counsel maintained tnat by the laws OF
the State New York the witness was to Gil intents
and purposes the husband OF the prisoner and could
not Pc sworn IN this case A. SUBSEQUENT examina-
OF June, 1853. he was married In church In Duane
street to Honora Buckley, and lett her twenty -four
hours after and had not seen her since
Mr. Spencer consented to his giving his account OF
the affair, which he proceeded TO do, which was sub
stan tally the same as the statement OF the previous
Witness He said ne saw the prisoner 60 into the
bedroom open the trunk and take the knife out she
came out Of the bedroom, and the witness Barrett
your soul, what do you mean ~ and his brother
sung out, "Bill, am stabbed; she was then about
Barrett was severely crosse xamined, ana admitted
that he had been drinking good deal on that day,
and tnat few days after the prisoner gave birth TO
the child that he hsd quarrel With the deceased In
an adjoining room, and that he had been arrested
for assault and battery. @
ssD o the aar and sd SSs me deceased haooad
"muroeru before the prisoner struck him; that after
wards she made punch at hi.l and ne saw the
oer.n
er on the sidewalk In Canal street, when the de-
ceased said she stabbed him; he was taken to the
station house and then TO the hospital.
Cr0s5-examtned-There was blood on her hand; +;
she said that the knife had been torn from her, and
that his friends had stabbed hm and ran away; tue
knife was not found and mona OF his friends came
70 inquire after the deceased.
Mr. Fellows read DR.. La,gnrs testimony, from
which It appeared that wound was indicted In the
abdomen Of Barrett lcauslng internal hemorrhage.
which resulted in death.
This closed the case for the prosecution. after
which MT. Spencer opened for the defence, stating
that his theory would be that the Barretts nIcted
this stAbbn9 In drunken quarrel and tried 10 lay
the crime upon has client.
The case will be finished to-day.
The following Il the calendar for to-day
People W. Ellen Rebeccs Uett, murder; same vs..
LYDIA Ann Grimm, murder; same w. Thomas Con-
molly, robbery: same Israel Fisher, suhornatiCn
OF perjury; Same vs. William Krow burglary; game
W. Moses sickles, grand larceny; Same Va. JOnn
Cullen, petit larceny.
COURT CALENDARS DEf.
usTED STATES DISTRICT C0URr--ADAisALrY
CALKSDAR.--Before Judge Bsrchford. 242
James I. Wright vs. Steamboat State OF Name;
$780, John M. Handy 70. SteaWer ffanconia;
lss, Robert r.. Campbell vs. Steamtug Richard
Doans; "a, W. u. Tapscott VI. Steamboat G. IL.
Stsrpuck, f69 James Mott vs. SIoop ]. II. Abel; as
J. Johnson ct nj. We. Schooner ]. n. Mcmillan;
= Ar<t fornt Uaohs n,vfo