New-York tribune., 1871-10-04
TRIAL OF MADAME VAN BUsKIRK.

TIE JURY DISAGREE-THE PRISONER ADMITTED
TO BAIL.
The trial of Madame Mary Van Buskirk for
causing the death Of Emily A. Post continued yes
terday In the City Court Of Brooklyn before Judge Nc
Cue Peter X. Post r., brother OF the deceased, and
John c. Clifford of Madame Van Buskrk, called
for the defense, but their examination elected no new
facts. Mr. Spencer summed up for the defense, and
Dstrct-Attorney Morris for the people. Judge McCue
charged the jury as follows:
The defendant is indicted for mansaughter In having
procured the death Of Miss Emily A. Post the indc
nent charges the Oense have been committed In such
manner that 1t may, under one condition OF things.
be mansaughter In the second degree or II you find that
no abortion was attempted, and that the death was hast
ened by the treatment alleged then 10 will be man.
slaughter in the fourth degree understand the prose-
cution 10 waive their right claim Of conviction upon
the first branch OF the indictment on the ground that
there is not sufficient testimony warrant you in find
ns that any abortion was practced but the prosecution
insist that they entitled TO ask conviction OF the de-
fendant because OF her failure to give the deceased
proper care and attention and also because Of her
ment OF this girl in placing her In coach driving her
around the streets OF Brooklyn, and thereby fastening
Now charge you That II you ind that any act com.
mitted by this defendant, subject to qualification that
GIRL matter OF law she would be guilty Of the latter
count in the indictment which charges me oense OF
the fourth degree, and will also charge
that il the contract made with DE- Perry for the
medical treatment Of this gr during 6er t Inc
and spply accompanied Miss Post friend from New
York TO Brooklyn the defendant cannot be convicted
defendant that in this case you have nothing to 40 with
prejudice nothing to do with great many matters and
things that have been advered to by the
ney You are dispose Of this case upon the testimony
in t. You are to treat this case precisely as
though it were the simplest proposition, in
vovlng matter of dollars and ce9ts and your verdict
should be passed upon calm OF tne test
mony without any reference to the enorty OF crimes
attributed to the defendant to others engaged In He
gitimate business. Now, having said this much eau
ton you against being led away by any impulse or feel
ing any way whatever 1t is conceded that the origl
nal arrangement was made with Dr. Perry there Is
testimony however In the case 10 the enect that
he said he would arrange with Mrs Van BusKfk Tor the
this girl both before and after her confinement
The brother testified he made such an arrangemen
II she contracted, through Dr. Perry, 10 board and
nurse this GIRL during all the time that sne should ui
dctake perform this work she would Dc bound 10 ts
performance as fully as though she had actually been
paid for it, II Mrs Van Buskirk undertook 70 nurse this
girl and give her the attention she required she Is
bound by the law to the fulnmen OF that aud
charge you further that II found that she dd make
this contract and receive this girl with the understand
Ing that she would nurse her during ths te tneh de
fendant is crminay responsible, and must pe iound
guilty OF manslaughter In the second degree
The Jury retired and at IN were ulscnnreeG Delng
unable to agree upon verdict Madame Van Bisklrk
was then admitted ball. the amount to DO n1ed ny The
Court to-day.