The New York herald., 1870-01-20
The PORT JERVIS MURDER.
Of Talent and Testimony for the
Prisoners Life.

GOSHEN, N. ", Jan. 10, 1870.
The trial OF Warren Fellows was continued this
morning, the Court House, a. on the previous day,
being crowded with an excited and curious audi
tory. The defence continued their Testimony by
calling
Jesse B. Wilcox. He testified as TO seeing a blow
struck between Mr.. Swinton and Warren Fellows
simultaneously with the discharge OF the pistol
II. w. Palmer, proprietor or the Fowler House,
testified as 70 the peculiar actions OF the defendant
on the night OF the homicide: never saw HIM act 80
before; he was very drunk
Alfred F. Fellows was recalled and testified as to
the condition OF the revolver shown; said IL had
been changed since 1t left the hands OF the coroner
hs.attenuon rad been called particularly to 1t.
Prisoners counsel offered The first indictment in
evidence but the Court overruled the motion on the
ground that the first Indictment had been quash cd.
They then offered the nqusition In testimony, which
was admitted as record but not as evidence.
Afterwards the Court allowed the testimony Of four
OF the witnesses who had sworn that the depOsl-
ttons in The copy shown were signed by themselves.
Lewis Cuddcback. County Clerk, was called 10
prove that the papers had been rled.
The defendants rested their case here, and Alva
Hough, OF Port Jervis was called ior tie prosecu.
Angel and Mary Jane Angel. Witness said that he
Front street opposite Swlnton's store at the
time Of the occurrence. and did not see Truman
there at all and dld not any the street
before he went over.
W. G. Van Sickle was called for the prosecution
and testified that he took charge OF Fellows Tor six
aays after the homicide, and dd not see any marks
on his hands or arms. Prisoner complained OF
DR. Sol. Van Etren was recaed-Said he could ac-
count for tue numbness OF the right arm; the IN
jury OF the BRAIN would produce paralysis on the
right side and Fellows told him that he was par
TALLY paralyZed on that side.
Charles Harle, Peter Runer, James swinton ana
Thomas ii. Campbell were called and testified that
was near Mr.. Swinton and Fellows at the
time the pistol was discharged, and that NO blow
was struck IN the store also swore that Mr. Swinton
made grab for the revolver just before II was dis
charged.
the mark on his brothers. night arm on the 9th OF
August
mi. closed the testimony.
When the court opened In the afternoon u large
number OF ladies' were present and the room was
crowded to discomlort. IL was witie the utmost
difficulty that the Judge ana other officers Of the
court maze their way to their seats.
Ex-iudge d. f. Gedney summed up the case for
the defence. He took occasion to alude to the feel
ings OF the Clerk OF the Board Of Supervisors. He
course OF the reporters OF the New York
daily papers, prononncng the stories told by them
MADE strong poins Of the evidence in reference to
the partial insanity Of The prisoner Thdclosing OF
hls speech was very aYecfine bringing tears TO the
He occupied over two hours and half.
q. H. Winfield then summed up the case for the
sHd though he had few aays ne
fore risen from his sick bed. He made strong case
against the prisoner. He also took occasion TO al
nde the course Of the reporters speaking Of the
fact that the New York press had also the
opinion that Warren Fellows would be acquitted.
Mr.. Winfield spoke about TWO hours.
THE CHARGE.
Judge rappan then proceeded to charge the jury.
His charge was rather short, but was plain state
menI OF the evidence. He expounded the law app
cable to the case. lie held that drunkenness could
not be An excuse for crime. II the prisoner was In
sane Ut the time OF the commission OF tine crime
lie could not he punished; but If he was drunk
that would afford him no shield. lf his In
sanity WAS the result OF voluntary drunk
enness then that insanity could not shield him. If
from the testimony the jurors concluded that ne had
committed premeditated murder, then tney must
IND him guilty 0t murder IN the FIRST degree II he had
Killed him In the heat OF passion, without premedlta
tion, then It was granddaughter In tne third degree.
II Ii was accidental, then he should be acquitted.
II he was insane at the time he should be acquitted.
II the prosecution had sustained the charges in the
Indictment by the evidence then 1t was their duty
10 bring IN verdict OF murder III this first degree.
They must decide according TO the evidence they
had heard, 10 the best OF their belief and on their
oaths.
The Jury then retired 70 deliberate, and at the time
or closing this report had not agreed upon verdict.