The New York herald., 1871-10-04
BROOKLYN COURTS.
The Fate Of Miss Emily A. Post-Trial Of Anne.
Van Buskirk- The jury Disagree.

The trial Of Madame Van Buskirk, who was In
dcted with DR.. Perry for causing the death OF Miss
Emily A. Post, OF Someryille N. j., was concluded
last night IN the criminal branch OF the Brooklyn
City Court A number Of witnesses we're examined
during the day, but the evidence did not differ from
that adduced on the trial OF DR.. Perry.
After the summing up by the counsel Judge Nc.
Cue charged the jury as follows
GENTLEMEN OF THE JURY-The defendant is in
dcted for manslaughter In having procured the
death OF Miss Emily A. Post and the Indictment
charges the offence 20 have been committed IN such
o manner as that 1t may, under one condition Of
things be mansaughter In the second degree; or II
you ind that no abortion was attempted, and that
then 1t VIII be manslaugher In the fourth degree.
understand the prosecution to waive their right to
claim OF conviction upon the first branch OF the
indictment the ground that there not sufficient
testimony to warrant you in finding that any abor-
they are entitled to ask CONVICTION OF the defend.
ant because OF her failure to give the deceased
treatment OF this girl In placing her In coach,
driving her around the streets OF Brooklyn and
Now, charge you That n you nnd that any acts
committed by this defendant, subject to quaf fca-
ton that shall make, accelerated or fastened the
death Of this glrl as matter OF law she would he
gully OF the latter count In the Indictment which
charges the offence OF manslaugnter in the fourth
was made with DIR. Perry for the medical treatment
OF this girl during her confinement, and that this de-
accompanied Miss Post as q friend rom New YORK
to Brookyn the defendant cannot De convicted.
also charge you as requested by the counsel for the
defendant that In this case you have nothing to do
with prejudice-nOthng to do with q great many
matters and things that have been adverted to by
the district Attorney. You are TO dispose OF this
case upon the testimony IN II. You are to
treat tins case precisely as though 1t were the sim
plest proposition, involving matter OF dollars and
cents and your verdict should be passed upon
calm consideration OF the TESTIMONY, without any
reference TO Inc enOrmity OF the crime to the de-
lendant or to others engaged in lllegttmate busi-
ness Now, having said this much, caution you
any way whatever. II IS conceded that the original
arrangement was made with DR.. Perry; there Is
some testimony, however, In the case to the effect
that he said he would arrange with Mrs. Van Bus
kirk for the care OF this GIRL both before and after
her confinement. The brother testified that he
made such an arrangement.
Now, charge you that II she contracted, through
Dr. Perry, 70 board and nurse this girl, she would
be bound during oil the time that she should under.
take to perform this WORK; she would be bound to
been paid for 1t. II Mrs. Van Buskirk undertook to
nurse this gtrl and give her the attention she re.
quired, she IS bound by the law to the iullment OF
tnat contract; and charge you further that II you
this girl with the understanding that she would
nurse her during this tfme then defendant Is crlm-
nay responsible, and must be found guilty OF man.
slaughter In the second degree sr'.wu
The jury retired to consider their verdict shortly
after three O'Clock, and after remaining out until
six O'Clock they came into Court and stated that they
were unable TO agree. H4 se N
They were thereup0n discharged. Mr.. Spencer
The motion was opposed by District Attorney
Norris. @I - 4n
The Court, however, granted the motion, and the
BAN viii be fixed to-day. X