The New York herald., 1870-01-22
MRS. UT AND HEB BABY.
An Infant Pleading Eloquently and Sue-
cessfdlly for Its Mother - Judge
Bedf0rd's Counsel to the
Mothers Of America.

Mothers Of America.
In the Court OF General Sessions yesterday q
touching and interesting spectacle was witnessed By
multitude OF persons VINO were attracted Lhirher
by the announcement thar the City Judge would dis.
pose Of Mrs. Ellen Rebecca UT, who was convicted
OF manslaughter in the third degree, she having
caused the death Of Thomas II. Barrett by stabbing
him In the abdomen. Shortly after his Honor took
his seat upon the bench the prisoner Mrs. UT, who
bore the traces or being In youth . goodlooking
woman, was placed az the bar.
Assistant District Attorney Fellows rose and ad-
dressed the Court follows:-If your Honor please
IA the case Of Ellen Rebecca Utt motion pro forma
for trial was submitted the day OF the rem
dton Of the verdict and the further hearing OF tho
motion was postponed until this morning. l am
ready to take up the motion II the counsel for the
defence Ii ready.
SPEECH or MR. SPENCER.
Mr.. Charles s. Spencer rose ana said-May It
please the Court did make upon the rendition OF
the verdict OF the jury the Mrs. Utt mo-
tion pro forma for new trial un-
derstood that motion to have been denied,
with liberty to me, should / sec III to ask
your Honor, to open the decision this morning
and hear me. 1 have carefully reviewed the
testimony In tine case In the interim and considered
the surroundings or 1t, and have come to the
! c!nson that IN the prudent and wise discharge OF
duty Ongnt not TO make tnat motion here to-day,
| but ought rather to o word two your
Honor upon the question OF the disposition which
10 Dc made OF TINS unfortunate defendant. shall
| say but word, sL, because what have TO Say ~
addressed to your Honor's discretion, humanity and
| mercy. 1 shall not occupy your time Dy speaking
with reference tesIimony tue case 6uG con-
tent myself With saying that II must be conceded
any material fact against this defendant came here
tainted with disgrace ana loaded with mfamy. And
| tnat Is n proper consideration for the Court But
TN uko tvf. ~, att..v
| the womanS sex and her surroundings; the iact
proven and admitted upon the trial that she never
was arrested on any other 0ccasiOn Tor any other Of
fence; the fact that she lived With brutal nusban
for frOm twelve 70 fifteen years, and never nit aay
| bad associations until he abandoned her ana her
children TO the cruel treatment Of the word; the
fact tnat ASIDE from her unfortunate connection wih
| this william Barrett She stands uninpeacned anu
| without a stain upon her cnaracter aud more than
all, the fact that she has nursing n.lnt Of but
lew months at her breast ana little curly headed
girl In the back par. OF this court room but three
and halI years old, and sl another TACT. tiat her
sister IL now watching over another LITTLE saild IN
expectation OF its death-l say under these cIrcum
stances 1 with very mucn confidence earnestly,
| as do appeal 10 your Honor for that mercy wuch
you ana !, and all OF as, sooner Later, VIII Ivr
| ourselves.
| REMARKS OF AK PELLowa
Assistant District Attorney Fellows said:--n It
| please your Honor have no disposition 10 review
ANY OF the testimony tnat was adduced In this
Ellen Rebecca Ut was placed Ut TINS oar charged
| with the hignest crime known TO our laws. She was
iairly tried, confronted with witnesses, allowed the
iul benefit OF her statements and SUCH explana-
/
ana lnaenlously defended jury Of her country
men considered her case and nave rendered then
! verdict My responsibility ceases there and your
Honors begins. We cannoG be msenslbe TO the
consideration suggested by inc learned counsel for
the defence lne iact that this defendant Is a
| woman appeals TO your humanity ami TO mine,
Us unqueslonabIy 1t did to that or the twelve men
who sat In Judgment upon her case. The fact that
she bears about with her little children, who, II the
story or their motners shame shall come TO their
ears, are TO bear through all their life some part OF
| that disgrace must touch the hearts Of men not
| wholly sLeeled and rendered lnSenslDle TO human
| emotions and passions. am Eraiihed. your Honor,
that the law BY winch you must be governed allows
| you wide Latitude and discretion. 1 have had an
| opportunity TO mark your Honor's characteristics
and career since have been engaged IN TINS court
| and have no doubt, therefore, that tue license
| and liberty you have under The law will be wisely
ana generously EXTENDED. Beyond this have
nothing more to say, except In the performance OF
the last duty that nave with this that
sentence now be pronounced upon Ellen Rebecca
| utt
| JUDGE BaDroRD's ADDRESS
| Judge Bedford addressed the prisoner a. fol-
murder IN the first degree. The jury have taken
mercIful view OF your case and rendered verdict
| Of guilty OF mansaughter in the third degree.
After much reflection aud O calm deiperation upon
| all the circumstances surrounding your case agree
with the jury the verdict they have rendered. Az
far as can learn you yourself not bad woman
| as heart, but most unfortunately victim to bad
| association Once you were . happy married
woman. One day. most unfortunately for yourself,
| you fell. and ever since that unhappy moment you
| have chosen 10 live with him VINO robbed you OF
your virtue am informed that BY your husband
you blessed with Infant; that infant more
over learn Is ncw little prattf1ng child some four
years old. AT ner tender age she u fortunately bliss
ful In her ignorance, for happily she knows not The
| magnitude OF the wrong or which you stand con-
victed. The statute declares that when person
Shall have been convicted Of nanslaughter Ia the
third degree the Court shall sentence the convicted
party to the State Prison for term not less than
to the state PRISON for .he period Of four years q.
the expiration Of your term your little one would
be eight years old-old enough to comprehend tss
appalling fact that her mother o convicted feOn.
In order that this Attls child may never know the
melancholy fact Of her mothers degradation.
slble lerm-one year IN the STATE Prison. / trust
that during the year Of your ncsrcerauoG yeu viii
your Innocent little baoe. And, when you arc ro-
leased from imprisonment, Try and realize the fact
that you have yet something 20 live for. Ellen, when
you shall have left The prison walls and once
return TO the world. should you ever b senpted 70
do wrong, clasp thai lttlo child tenderly to your
mink Of tAs marcy which va. las day
shown You for her sake alone. Look into that
! there, fer We are told "tnat the countenonce OF
the infant u the mirror Of nature its smile II ths
sss H So syeos.sr tAs saern y DO @ snS r
prove safeguard for the rest Of TOUR life. Ano hero
shah take occasion 70 exprsss the wish that every
shsiy iass. LEI thsn, for moment pause and re-
nect upon what ycu once were and wnat you
are; let tnsm ali rsmsmDsr thai taey saouia gnard
the future welfare or their little they do the
very apple Of theT eye ana les them ever bear Ia
mind the sweet consolation that On honorable namo
IL, indeed the most precious inheritance parent
can Dequeah 70 its offspring. The sentence Of the
Court that y01 be confined In the state Prison for
the term OF one year.
Ths prisoner, who, BY the kindness OF mis- Honor.
permitted TO retain her seat while sentence
being passed, thanked the Jndge tor his Kindness.
but added that she was not guilty Of tue charge.
Ex-Governor WashDurn, OF Massachusetts, eccu-
pied seat the bench with the CITY Judge daring
his brler stay In court.
Sen WNOnS ColLls.Ca.
An Airy Rido Up sthe Avepue''-Keep To a,e
Right, Mt Lenst When Going Fast.