The New York herald., 1870-01-18
COURT Of GENERAL sfssloNs.

VFDnA Oh EsAen kkeDccC2 Utt ZOE tu0 Aue400
Murder Of Thomas III. Barrett-Opening OF
Assistant District Attorney Tweed-Testi-
mony for tho PrOsecutiOn.
Before Cunning S. Bedford. Jr., City Judge.
After soms preliminary business was transacted
Ellen Rebecca Ut (wno had . nursing inranp was
arragned on tho charge OF murder In causing the
death or Thomas II. Barrett. Assistant District At
torneys Tweed ana Fellows appeared for the people
ana Mr. Charles 3. Spencer defended tho prisoner.
About an hour was spent In empanslling Jury,
after which MIR. Tweed opened the for the pros
ecutlon by giving clear, interesting statement Of
the facts which the prosecution expected to prove
MAY IT PLEASE THE CouRr-GEsmEaES OF THE
JuKY-You have been empanelled and sworn as
Jurors, and II now becomes my duty, a. associate
prosecuting oicer to present TO you for your
sideraton The case OF The People vs. Ellen Rebecca
l2ta day OF September last charged with inicring
stab wound on the person OF Thomas II. Barrett.
day following September l3 Barrett died from the
elects OF the w0uad and, as we charge, received by
him at the hands OF this prisoner The prisoner
detained III custody on the findings and recOmmen-
cation or the c0roner's jury and the 18th day OF
November was indicted by the Grand Jury Tor the
triai-murder.
Tne moral definition OF that fearful word murder
as Killing Of iu human esias w1b
out the authority OF law; ana Is divided into three
classea-hrst, wnen Rsrpetratcd from premedt
ou,
or OF any human being; second when perpetraied
by any act immnently DANGEROUS to otners and
lie. aItlough Without any premeditased design % 70
effect the death OF any partlcuar individual; third
when perpetrated without any dc9ign to effect death
II 10 unnecessary for me, gentlemen, to make any
remarks regarding the elements Of law essential to
perfect the cr1meof murder You are the Judges
OF the facts In the case, and his Honor wt in mis-
charge to you as the conclusion OF the case when
all the evidence pro aud con has been submitted,
q I'm hyau mana lcloQ
and able manner as the facts disclosed by the evi-
dence OF the witnesses may warrant: And now,
gentlemen Will narrate TO y0u,aS clearly as the
evidence In my possession viii permit, Inc SUBJ
stance OF the facts We intend 10 prove IN this unfor
the time OF the commission OF the crime named In
The Indictment living with William Barrett, q
aa % o sS t q. nrossas Wam
and Thomas DarreJt, and their sister, Mrs. Dunn,
attended the funeral Of their father, accompanied
by the prisoner and her sister. On leaving the
cemetery after the interment 1t was proposed By
William Barrett that the women should occupy one
coach and preeede the men to the city In ordsr 70
prepare supper for them at his house. No. 1y0 West
Broadway. The proposition was accepted and Mrs.
rived at Wiiam's house aDout seven I. h. Atabout
eight r. NJ. William, Thomas and John Barrett
arrived At the house, and the party partcbk Of the
refreshments that had been prepared tor them.
l After supper Mrs. Dunn invited William and John
arrett to accompany her 10 her house, but did not
rently feeling siighted at this neglec. made some
remark dispeasmg TO Mrs. Dunn, who told uim
not 70 pssk - On rors ysn "a We. mot
dieregarding her request, Thomas continued re-
! marks, until Mrs Dunn, becoming exasperated,
| struck him on the face with her parasol AT this
Thomas said, 'Oh, y0u ere woman" Mrs. Dunn
then struck him second time, when he arose ana
| and asked Thomas wnat he meant, to which ne re-
| piled, ''Oh. can whip you any day. Az thi&Een
ut the prisoner a. the bar VINO previous 70 this had
| up this time in no way. shape manner con-
| nected with the AFFAIR, exclaimed ''Wel n you can
| turning in few moments having IN her hands
| large stick OF wood. Mrs. Dunn, becoming appre-
henslve, ana fearing that Ellen by her interference
would make matters worse than they really were,
took the stick from her ana laid 1t on table, at the
same time advising her not 20 interfere-shat
william and Thomas would settle tue matter In few
minutes. But u seems At this moment as n
| all the nends OF the internal region mad oeen lot
| what follows After the stick had psen taken from
] her she went into an adjoining room.swas seen to
she returned to rne room In which the nars,es were
| and before ner murderous design was suspected
without any just cause or provocaton, and without
any fear OF danger on her part-for mind you, gen.
temen, sne was m no way connected with the dis
pute between william and Thomas--Ellen Rebecca
I fatal Knre up to the ntt 10 the body OF Thomas II.
Barrett on receiving me wound ne cried. Murder
murder | am stabbed % His brother William
rushed from the house In search Of pnysiclan; but
| before he returned of1cer Farrell who was on duty
In tnat neighborhood had been called in, and found
this prisoner struggling TO tree herself from
| the hold OF the unfortunate man she had
\ so cruelty wounded. The o1ncer took her
IN charge, and the wounded man started 70 accom-
pany them TO the police station In order to make
charge against Ellen. On arriving at the corner OF
4 Beach street he became SO exhausted from the
erects Of his wound that he was unable to proceed
further and in o weakened and exhausted state
sank to the sidewalk. He was then Immediately
conveyed to Bellevue Hospital where ne received
sucn medical and surgical attention as that well
| known and ably conducted institution alone could
offer; but their efforts were OF no avail; he was be-
yond the AID ol human skill and on the day follow
| ing his admission 70 the hospital, being conscious
OF the fact that his lHe was or but few hours' dura
tion, an ante mortcm inquisition was neld by the
Coroner, and IN bis statement while the cold sweat
| OF death was rapidly gathering on his brow he
| Bwore most soemnly, In presence OF the Almighty
and IN the most positive manner, that he received
| without any Just cause or provocation on
his part. / VIII not make any further
remarks In reference TO that statement vt present.