The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-02
THE TARRYTOWN TRAGEDY.
FORENSIC DISPLAY IN THE WHITE
PLAINS COURT HOUSE.

The Close Of the Trial OF Buokhout-The
Probability Of the Disagreement Of the
Jury-Friends OF the Prisoner among the
Jurors-womcn Awaiting the Verdict.
The medical testimony called by the prosecu-
tion on Thursday evening was singulsrly meagro.
The defence had been supported by the powerful
authority OF DR.. Brown Of Bloominrdals Asylum,
and Drs. Shine Of Bedford, Clark Of White Plains
and Pelter OF Bedford, all OF whom testified that
given such fnets a. tine testimony had brought out
insanity was q natural and inevitable conclusion
Against these the prosecution had invoked DR..
Gray, the Superintendent Of the Utica Asylum, his
assistant, DR.. Andrews, DR., Folsom Of New York,
and q distinguished physician from Massachusetts,.
They produced on the witness stand DR.. Fowler OF
Tarrytown, who attended Buckhout twenty years
ago, when he had the measles. DR.. Fowler's testl.
mony was rejected by the Court and rs It seemed
tina, DR.. Schmidt had never set eyes on the man
before he attacked him with a sponge OF ether. his
opinions were shrivelled into fine dust by the
castle questions and the running commentary OF the
Great Defender.
This closed the testimony on both Sides and yes
terday morning Mr. jerks summed for the de-
fence lie criticised with extreme severity the plea
OF murder as set forth by the District Attorney,
Mr. Dykeman, pointing out how In numberless cases
he had strained the facts TO round his charge. After
annihilating Mr.. Dykeman, Mr.. jerks began with
pathos and power to recite the story OF the past
and a. the rounded sentences fell from the eloquent
Hips Of the counsel, II seemed as II he slowly
building wsl OF protection aronnd his client. No
shipwrecked sailor ever kept his eye more steadily
on an advancing lfe.boat than the prisoner at the
bar watched his lawyer. From time to time his
chest expanded, and he gave deep sgbs OF relief as
II by some inscrutabe, invisible action a heavy
weight falling from his chest. And when MIR.
jerks concluded ,Buckhout leaned back in his chair
and closed his eyes, and his lips moved as II in
| grateful thanks. Mr. jerks spoke for three hours
| and quarter
The Court adjourned for dinner, and whe It ra
opened, Mr. Clinton rose TO sum up for the prosecu
| ton lie labored diligently to pull down tire wan
which jerks had erected, meeting very ceverly the
failure Of his medical testimony by criticsng the
| statement cf Or, Brown, and arguing that persons
NAV no partially insane, and yet wholly responsible
that the eccentricites shown 70 exist were trivial,
and did not amount to insanity and that after all,
| the opinion Of Buckhout's neighhors and friend,
| who constantly saw him ought to be more woighty
with the jury than the answers TO hJ potheca ques
| tions Of learned experts.
| who rose TO hear him. Tho CHARGE was good
| synopsis Of the testimony; and In explaining the
| law the judge CHARGED distinctly that the ability 10
| distinguish between right and wrong was the legal
test for their consideration. HI. Honor was inter
whereupop the judge took a step Backward. and
said Tint ho did not charge this ns point OF law
| hut only matter for the consideration OF the
| jury. This excited much comment among the
| LAWYERS.
TIE jury hsve been out ever since 0 o'clock last
| ing When our reporter len tho Court House the
galleries still crowded with ladies', who wert
waiting anxiously to hear the result. and who had
! taken their suppers with them and discussed then
| iniyicnic style with relish.
Al sort OF rumors hoaied about the room man,
men msnuiniS.s tnas three friegas Of ii,ueshouii
, never 70 convict him.