The New York herald., 1870-01-19

was taxan from her 30 roughly that
hand. lney al went away, leaving her ana the de-
ceased IN the room, she rcniarking ~ viii go and
not leave without me, DocauseL am gong TO have
you arrcsle0 Tor stabDng me.n She sall. "lOll,
SAID tnat while ,he osoer was bringing Ireln TO ins
station mouse Wnlian Barreit Was ol the corner oT
Beaciratrect ana west'broadway she remarked TO
him, f0u arc not gOln9 10 leS Inc 10 u tne station
house for what dld not do" Ho said, II cannot W
0ui zoe fact that the prisoner was married. IN June.
lS54, and lived with her husDand from tweive TO
thirteen years. and that he abandoned har hrst.
Ann Woods. nurse at the Guy hospita, was
called BY the prosecuting cfrer 10 prove tnat MIS-.
Dnnn wnen ,s sne % caaed 70 see her DIot0er at nne
MISS Notion testified that Ma Dunn was very
Df Riegcl testified that on thar night william Bar
retC called upon nm 10 asepd his brother out on
arriving at the house the woanded NAN had lett
officer Farrell was recalled contradict Mrs. Utt,
who lest lcd that the way 70 tns station house
sne spoke 10 Wniiams Jarrett. lie dld no. See her
SPEAK 70 any person. but IN answer to MT spencer
cillcer at the corner OF West broadway.
Aessrs Spencer AID Fellows then proceeded 10
able and eloquent arguments 10 comment upon the
testimony the former claiming u verdict OF atquis-
tai and tne latter iorciby arguing that the accused
JUDGE nRnronp's cmARan
Judge Bedford proceeded to charge the jury as fol-
GENTLEMEN OF THE JuRY-The prisoner ut the
bar, Ellen Rebecca vi, has been indicted FOR the
nigh crime OF murder IN the tirst negree, being
charged with havlag, on the 18th day Oi september
last, wlifuly, feODiOusly and with malice aiOre.
thought staoDed Thomas II. Barrett, causing his
death. Upon the evdencs III tAis case II becomes
your solemn duty to render OF Iae three lOoY-
ing verolcts .:-murder In LAe first degree, man
saugnter N the third degree verxct guilty.
The iacIs in TINS case are substantially az ioliows:
IL appears III evidence tnat on tn, l-tn day OF sep
temDer ias. William Barrett. Thomas satrett, Lac
Decca uLt, the prisoner at the b2r visited Calvary
Cemetery Tor the said purpose OF ourylng oid Mr.
Barrett aud Of Mrs. Dunn After having paid the
last tribute Of respect they leave the cemetery ana
ct once commence to indulge more or less In lntuxi
catlneAirink. In course OF time they drive TO l70
west Broadway, where the prisoner and William
aether. When all were assembled In the PRISONERS
apartments instead OF Offering q prayer for their
dead parent tney stnl iurtner Indulge IN the IN.
blows; ard finally ine Itself Is taken. The
scene which transpired In the. apartments
0f Ellen Rebecca Utt the prisoner at the bar, TINS
iamentable OCCASION according 10 the witnesses Tor
the people, Is Drleny as foows:-Aiter the parties
had'induged In drunk William Barrett SAID 70 Mrs.
Dunn. Come, SIS, let US go." The deceased then
sald "YOu can all go to HI" Mrs. Dunn then ad-
parasOl William Barrett then came over and SAID,
'Whnt II the matter with you 7" The deceased then
took hold OF William Barrett ana said, 81 can hex
'.If you can lick hun con lick YOU" The prisoner
at this time had stick In her hand, which was taken
from her. The prisoner then lett the room, went
INTO an adjoining room, was TO lift The Id of
trunk, take from 1t q bowie knife some eight or ten
lUcncS Ia lenEtu. Returning 10 tio room Bne all
vanccd towards deceased with the knife ln her hand,
and stabbed the deceased, causing his death. IL is
also IN evidence that the wounded man requested u
police officer to arrest the prisoner Us she was the
one who stabbed him. The defence call two Wit
nesscsFanny Notion, the sister OF the prisoner, and
the prisoner herseli. Fanny Notion, II seems left
DefOe the stabbing place, but Jestlhes that
ceased William Barrett, and Mrs. Dunn were greatly
intoxicated, and that the prisoner was sober. Tne
prisoner testines substantallyrhat there was fight
IN her room; ali the parties had been drinking that
deceased used proiane language; that deceased and
ciinched Tor twenty minutes or half an hour, and
nnaiiy fell, and as they fell deceased SAID II am
staDbed;i that the knie which was ia her lthe pIis
oner's) nand. and which sne picked up 10 whIetle
shavgs for the fire. was wreucned out OF ner hand
during the time the two men were cllncne0, and
some three Or fOur minutes before deceased sald he
wassaDDed. The prisoner also says she was confused
Kn,te from ner hand or who II was that minced fne
STAB wound The prisoner also says That when The
deceased told the oincer she had stabbed aim sue
then and there denied having done So This Is sub
siantlay the prisoners story. ihe case therefore,
presents to you question Of crcdibilty IL Is for
you TO credit the Prisoners story or 10 iscredt 1t
and believe the witnesses for the people aud the as-
serton Of the wounded man tnat tpe prisoner a. the
bar Is the one who stabbed deceased.
Gentlemen, the evidence IN this case has, indeed,
presented us with most melancholy picture OF
human depravity-it has given us IN a its sod de-
talls The DARK SIDE OF lie. Are you not irresistlby
prompted IN the true spirit CI philanthropy " ex-
claim, can such scenes be enacted IN the very midst
jurisdiction more than million OF souls and where
lne religion OF heaven u preached ana Its molly
constituting as 1t were world within itself. can
boast with CONSCIOUS pride Of ner churches, her nu-
merous charities the virtue and intelligence or her
citizens ner multiplied evidences or good deeds,
she has, too, To drop tear over the vices and
wlckedness OF many Of her children. And now,
gentlemen, in conclusion, charge you rs mater
or law that il you believe the witness for the people
and disOelieye tle prisoners testimony; IN other
words, n you nnd that while the deceased and
William Barrett were quarreiilng the prisoner lett
the room, went 10 trunk, hited its lid, took from 1t
bowie knife returned 70 the room and. with pre-.
fhA fA Saff fhA
plunged the knife into the abdomen OF the decease
causing his death, and under circumstances not
as = matter OF law she is guilty vcf murder in
the first degree. II, on the other hand, yOn find
vent to tne srunk TOOK tns kne returned 70 Ie
room, and, IN neat OF passion and without q pre-.
meditated deslgn to take lie, .advanced towards
deceased aud lnfilcted the STAB wound under CIR
cumstances not JustiiaDle In LAM, then, gentlemen,
charge you, ~ matter or iaw taat the pri-
the third degree; while If, on the other nand. you
dlsbelleve the Witnesses Tor the people and beley8
the prisoners statement, then. gentlemen, sne Is
guiltIess OF the alleged CRIME, and IL becomes your
duty promptly to acquit her. III you have any rea-
sonable doubt arising upon the evidences, as regards
her gult 1t lS her property. Give IT TO her ana
acquIt her. II, however, you disbelieye her state
melt and place full reliance upon the testimony Tor
me people inen Jou owe y 70 society 20 nna yer.
the third degree
Gentemen. the case Is with you. Anaiyze the
testimony calmly aud dispassionateiy, ever bearing
in mind the cardinal fact that your object u supply
truth and the vindicAuOn 0f the law.
Tue spectators who crowded tbs room listened TO
the clear and impartial charge OF his Honor tue CITY
Judge with profound attention and interest AZ
four O'CLOCK the jury retired 10 their room 70 cebe-
rate upon case, aud after an absence Of three
quarters OF hOur returned with verdict OF guilty
OF mansiaughter IN the third degree.
Mr. Fellows moved for Judgment
Mr.. Spencer said that he would ike the Court to
entertain motion, pro J0yi,ld Tor new trial, aud
10 have the argument adjourned.
After some conversation between counsel Judge
Bedford said he would hear tue argument on Friday
morning.
soon after the rendition OF the verdict the prts.
oner tainted but shortly Afterwards recovered pos
session OF hcr'Senses. She was attended by her TWO
SISTERS and after the court room WAS cleared she pro-
tested that sne did not stab the man. Tue higdest
sentence that the Court can impose for manslaugi.
ter Is four years In the state PRISON; but II ID NOT
probable that he will mec 0uJ the extreme sentence
In this case. IL may DO mentioned tnat tho jury
stood four for murder and eight for manslaughter
In the third degree Finally they returned verdict
Or mansaughLer in the third degree ~ ABOVE stated
Sentence deferred. .
Ihe following IL the calendar for to-day:-Ihe
People vs. Lydla Ann Griffin, murder; Same vs.