The New York herald., 1871-10-22
TIE RUDD HOMICIDE.
TESTIMONY FOR THE DEFENCE
CHARGE OF RECORDER HACXsTT.
The Accused Pronounced .sNot Guilty,
on the Ground Of Insanity"


yesterday. Previous to the adjournment on Friday
counsel for the defence called Mr.. George Paddock
who accompanied him to the premises where the
alleged murder was committed, ana who placed
himself In the position which the witness Hume
occupied when ne swore that he saw Rudd strug-
Cling with his wife and throwing her out OF the
window Paddock said that II was impossible TO
see what Hume testified TO seeing.
TESTIMONY AS TO THE PR soNER's INSANITY.
The first witness called for the defence yesterday
was William D. Harris, merchant and MEMBER
OF the Port Society and OF the Mariners church.
Knew the prisoner eight years. who was member
In good standing OF the Church; during the last
year, and few weeks before the killing the brls.
oner spoke TO the witness about the intemperance
and unkindness OF his wife, and shed tears while
speaking OF 1t; he appeared to speak in o kind tone
Of her. although he SAID she was o bad woman.
Samuel Elliott, the missionary OF the Mariners
church, said he knew the prisoner for the last six
years, and that his character for peaceabeness and
sobrety was good. but for the last year he noticed
change In his department. he sought the ADVICE Of
the witness respecting how he should act In refer
ence to his wife. who was acting badly saying that
he loved her very much; his conversation
was ''mixed up" good deal, ana he (the
witness) remarked to persons that he be-
lieved Rudd was going crazy; Rudd always
professed TO be greatly devoted to his wife;
this was six weeks before the death OF Mrs. Rudd;
the prisoner complained that his wife did not take
care of the house. would not get his SUPPER in
temperate and took man to board IN the house, In
whose room she was locked up all night; when he
spoke OF his troubles he seemed very much excited
and wept great deal.
Louis B. Dartois testified that he knew the pris.
Oner and mis- wife since 1866; that his treatment or
her was always very kind and gentle, but that she
used tantalizing words to him.
John r. Finley. clerk with Brush 4 Clarke, said
that just previous to the occurrence the prisoner
came to borrow money from Mr. Brush to give to
his wife, he was excited, sObbed and wrung his
hands; the prisoner said To Finley that his wife
would give him peace unless she mad money;
that she was hall Indian ana haT Irish, and that he
believed she went with other men; he spoke OF
loving his wife very much; OF loving the ground she
walked on; he seemed TO pe IN great fear OF his
wife; witness asked him if he was AFRAID sne would
Kill him, TO which he made no reply.
Elizabeth Millchamp testified that Rudd was a
quiet, obedient husband while his wle was an
killing the prisoner and his wife were at the house
OF the witness he appeared TO treat her kindly and
e @ sne ad er umy e nm a Tor weeks
and when he read his Bible or SAID prayers she
would make fun Of him; witness on one occasion
saw Foley ana Mrs. Rudd acting improperly; she
would call Rudd insulting names, and tell him to
go to hell; at such times Rudd would smne ana say
Annie Martin gave similar testimony, and added
that on the day preceding the killing the prisoner
came to the room OF the witness about fifty times to
inquire II his wife had returned only remaining
she the wltneSs) remarked that she
guessed Rudd would be crazy.
that Rudd was member OF his church. and that
within a year he told DR.. Murphy tnat mis- wife was
treating him badly; had taken man into the house
to board: slept in his room and refused sleep with
him; he was IN a very great state OF excitement
at that time; on the sunday evening before the
occurrence Rudd visited witness and stated that his
wife had left him and gone away with another man,
that he loved her very mucn. and was willing to
work his hands OF II she wouldOny come back ana
live with him; he did not want q separation.
George Duriee, VINO knew the prisoner and his
wife, SAID that some time last March she. In CON-
pany with the man Foley, came to his house; she
said she had left that English spaniel OF hers; the
man craSS he told me he worsnpped the gronnd
you walked upon;' she said, "He is crazy already;
don't want to have anything more 10 do with him. "
Thomas Ha.vorson, the sexton or the church OF
which Rudd was a member, said that sometimes
during the last year he would so to church IN a
ana that he loved her as his own SOUL IN February
or March he used language which ladies ought not
TO hear, stating that it was enough to set man
ravIng mad TO have sucn nice vile as she was ana
had not slept with her for nine months.
Edward n. Taller. Jr., James 7. Taller, Richard
B. Baker and James Deylln were examined. The
prisoner was In the employ OF the Messrs Tal.er for
Six years, during which time he was an upright
and sober ma man: These witnesses oil tes.fed that
had taken place in Rudd IN consequence Of his
wifes behavior; he seemed to gradually lose his
at time, and acted in such q way as 10 lead them
10 believe tnat he was acting In crazy manner;
honesty they took the keys OF the store from him
and watched his movements.
Drs. Raymon Anlible and M. A. Bailey, who had
listened to all the evidence given respecting the
condition OF the prisoners mind within the last few
months, testified that, IN their opinion, there was
doubt TO his sanity at the time the act was COM
nltted.
Counsel proceeded TO sum up the case, Mr..
Townsend contending that 1t was clearly demon
strated tnat II Rudd threw his vile out OF the win
dow he was insane at the time. Assistant District
expressions OF Rudd after his vile was thrown from
the window showed that he knew the nature OF the
act he committed when ne SAID, 81 give In; II she
State Prison."
Recorder HACKETT proceeded to deliver clear
and interesting charge. He said that assuming the
sanity OF the accused. the evidence would justify
one OF the following verdcts:-Murder In the first
de0re OF manslaughter in the second or fourth de.
grees or a verdict OF acguttal upon the ground Of
insanity at the time Of the commission OF the
homicide, his Honor said that II would
be lmprudent for him to- comment at
length upon the testimony. M he ,os,, would simply
or insanity. The Recorder 1ead coplons extracts
from his charge in the celebrated Mcfarland case
upon the question OF insanity, aud IN conclusion
said that II they believed the prisoner took the law
into mis- own hands to avenge his real or fancicd
wrongs while I'm q state OF sanity, and with malice,
however sentiment for the living prisoner may an.
plaud the act he Is guilty OF fcionious khling.
The Recorder charged number OF propositions OF
which the jury retired at twenty minutes past tour
O'Clock, TO deliberate upon their verdict
THE VERDICT.
After beng absent fifty minutes they returned
INTO Court ana the foreman rendered verdict Of
''NOt guilty"
The prisoner was so overcome that he went BIT
terly.
ACQUITTED on THE PLEA or INSANITY.
The jury left their seats and were going from the
court ROOM when the Recorder directed them TO
resume their seats. They did 60 and His Honor
asked the foreman II the verdict was mot guilty. on
the ground OF insanity. The foreman replied that
he did not believe the prisoner was In his right
mind at the time he committed the act but he did
not know whether he was insane not at the pres
eDt time. The Recorder directed the clerk 10 enter
the verdict mot guilty, the ground Of INSANITY
Rudd was then discharged.
THE GRAND JURY And THE "RrYGu TROUBLES.
IL generally understood that the Grand Jury OF
the General sessions has been Investigating the
complaint against Mayor Hall for an alleged m,sde.
incanor growing ont OF the "Ring excitement from
,ne Iact ina. on THURSDAY and Friday A. s. Cady.
Henry y. spauldng, William 5. Copiand. ex.Mayor
Hayemeyer ex-Depufy Comptroller Storrs. Jackson