Evening star., 1870-03-14

TRIAL OF ALBERT NICHOLAS FOR THE MURDER
OF HIS WYE AND HKR MOTHER
This morning Albert Nicholas, colored, who,
on the morning OF the 10th Of September last, 1t
is alleged, killed his wife and her mother at a
house on Maine avenue, between 81 and Az
streets, was brought in the Criminal Court
Judge Olin, and the first indictment of fifty-one
counts charging him with the murder of his
wife, Lucinda Nicholas, being read by the clerk
he was asked care you guilty or not guilty -
and responded :-"Gentlemen do not feel nv
self guilty at ALL Messrs. j. K. Snodgrass, A
h. Brow ne, and F. Miller appeared for the ac-
cused and hessrs. Darlington and Lovejsy for
the prosecution.
The following jury was selected from the reg
ular panel-T. Samuels, Walker Lewis, NJ. M.
wheelock, Patrick Boland, Alfred Pope, John
II. Gargus, w. H. Gray, Parker Motion and w.
III. Brown, Sr.
The panel having been exhausted twelve all
ditional names were drawn from the box and
the court took a recess.
The accused was brought into court about n
O'Clock and conducted himself somewhat uunat-
nrally on taking his seat near his counsel look
Ing Win VIII, vacant stare about the room,
and continually twisting his handkerchief over
his fingers.
1t having been generally understood that the
trlaI was 70 take place a very large crowd of
persons assembled in the court rOOm il being
with the greatest difficulty that the baiIiffs and
others could get through the crowd outside the
W. s. O'Nen, James LIVERPOOL. and John s.
faNton were subsequently selected-the chal-
ltnges being withdrawn in their cases-thus fill
ing the jury.
At one o'clock. Mr.. b. G. Lovejoy opened the
case to the jury for the prosecution, saving that
the offence Is one for which the punishment il
death; and this was one of the most horrible
cases in all its details. He would warn the
jury that the plea of insanity would be put in
and it was their duty to require that the evi-
dence should be conclusive that the accused did
not know right from wrong.
Mr.. Snodgrass followed for the defence, say
i'm rin her he vUoo oofsp
characteristic of his 1ife-frankness-and would
give the prosecution an idea of the defence.
lie would show beyond dispute that this man
was not criminal that he was not of sound
mind or memory, nor has he been so for MANY
years. He would prove that the accused has
been the victim of disease which had done
lily. He was a half-witted man, an imbecile.
His doctrine was that when the line of sanity is
departed from at all, the person is insane In
sanity would grow, and it grew cut of freedom,
and while the people lately in slavery are strug-
Cling In freedom, (Which calls for activity of
mind) the number of insane persons will grow.
he would show that the accused had been SO
much of an imbecile that he would not resent
an insult. In conclusion, the speaker said that
he had volunteered his services in the case. and
read description of the disease of which this
man M was victim tepilepsy) from wharton's
show that persons when suffering with II should
not be held responsible.
Pr: ). F. Hcrt."o- sworn:-witness stated that
a about noon he was called to the mousse where
Nicholas and Ellen smith lying in a pool Of
uro0u ,ne "a. .c.ds of both terribly mangled. The
body Of Lucinda was examined first, there being
Is cuts and bruised wcunds-abOut II in the
ons 1ifs a% aas ESs SaSe naSs anG hess sss1
From the appearance of the wounds they must
have been inflicted six or eight hours p-S;,yn,-
y: The walls of the room were bespattered
With VT blood. There was a half gallon pitcher in