The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-17

i
interest was manifested in the proceedings. The
gallery and floors were crowed by people OF all
| classes, and hundreds were unable to gain enter
ance to the court room. There was larger num-
Der of ladies present than on the previous day.
The crowd Of men endeavoring to force their way
into the galleries was great that officers were
sent to the upper corridor to preserve order
The prisoner was conveyed to the Court House In
| a carriage before the opening OF the Court. She
| was dressed the same Monday, and appeared
as easy In her manner. Her husband, father and
| several ladies' were seated by her during the pro.
| ceedings.
Judge Happen took his seat on the bench at ten
| O'Clock, and was followed by Associate Justices
voorhees, and Johnson. The proceedings were
opened promptly at that hour.
THE POST MoRTEM EXAMINATION
DR.. Joseph Dreamer, one OF the police surgeons
who made pOst-m0rtem examination of Watson's
body testified that he found abrasons on the face
and portion OF the skin removed from the left eye
brow; there was an incised wound on the top OF
the head about an inch and quarter In length and
a bullet wound on the right side Of the neck to-
wards the posterior part; he found the bullet i'm
bedded in the brain. witness Unidentified the bull
| let)
A. 1t was drect-upward and forward
O. Did your examination develop whether the
ball came in contact with anything which turned it
was caused by the injury to the brain by this ball
person having such wound would live few min
utes.
On the cross-examination by Mr.. Morris witness
thought that deceased was about Ave feet ten
inches In height, but he might have been taller.
witness described the abraSure on the face Of de-
ceased, which extended downward
Mr.. Agar Pixley fathern-law OF Watson, was re-
called, and said that he helped to carry the body
from the stairway; deceased had on light over
coat which witness produced, and which the Dis
trict Attorney offered in evidence There was
TT
in the collar OF the garment
Mr.. Morris handed witness photographs OF three
persons, one of whom Mr.. Pixley said was like
ness OF his son-in-law, the deceased almost at the
same moment that witness got to deceased Mr..
Merrill was there; number OF others assembled IN
whom was Mr.. POTTS.
Q. What was the first thing you didG A. L put
my hand on the wound and called for water; Mr..
Merrill was feeling of Watson's pulse; nobody got
water; there was none procured.
q. Were you excited? A. don't know as I'M
derstand the question.
@. Were you calm and collectedg A. Remarkably
so under the circumstances.
O. Don't you think you were little excited?
Judge Tappen-I think he has answered the ques-
The prosecution here rested.
MIR. MORRIS ASKS FOR A VERDICT FOR THE PRISONER
| Mr.. Morris arose and said that he respectfully
any defence in the case. He submitted that the
people had not proven, in the first place. that Wat
son had been Killed by the prisoner. Mr. Morris
| said that the District Attorney had proven
Mr.. Brtton-What is the motion now
| Mr.. Morris replied that his motion was for the
Court to direct the jury that the people had not
proven their case II the prosecution had proved
nothing and there was no evidence to warrant a
conviction 1t was the office Of the Court to so direct
the jury. The prisoner was indicted for murder in
the first degree and in order to sustain that, the
people must prove beyond doubt that the pris
oner took he life OF the deceased. And If they
prove that they must prove also that the prisoner
premeditated the death OF the deceased when
s ae not deed was The people
ing could be inferred. They had only proved that
the prisoner had purchased the pistol, and next
they proved that when 1t was neyed seen it was In
the possession of the brother. That was all the
evidence there was In reference to this pistol.
They Che prosecuton) proved that after the shoot
ing Fanny Hyde in the hallway and that
shortly after that the place filed with people.
They proved that the prisoners brother went there
ana made remark, waving his hand towards the
prisoner,
81 TOLD You NOT TO DO IT,
Assuming that to be true, was there any evil
dence to show that the prisoner Killed Watson or
that she did 1t intending to take life Mr.. Morris
referred TO the case OF Mccain, where the killing
was admitted, and remarked that all killing was
not murder. Unless the evidence showed the kill
ing to be done under circumstances warranting an
intent, murder in the first degree was not proven
1t had not been proven In this No saw the
circumstances under which this deed had been
committed, and the law presumed that a person
was innocent until proven guilty. Assuming that
TO be the case, he asked what else had been proven.
The people might say, "rrue, no one It; true,
She did t.' Mr. Morris submitted that thew were we're
not called upon to make any defence in this case.
Talk OF
HANGING THE PRIsoNERl
Why, there was no jury In Christendom who, under
such circumstances, would take $40 from one man
ana put II In another mans pocket. You can't
infer a persons life away nowadays.
District Attorney Britton made no reply to Mr.
Morris.
TIE COURT WILL NOT TAKE THE CASE FROM THE
JURY.
Judge Tappen-It appears from the evidence on
the part of the prosecution that the prisoner, i'm
company with her brother, he officiating in the
store, bought pistol shortly before this transac-
1on, tnat me brother asked, VIII that suit your"
That pistol is the weapon which the husband pre-
scented to the police captain at the station house
ing. 1t is also In evidence that at the
time OF the killing of the deceased,
prisoner stood there fXedly looking him in the
face, and her brother said to her, %. told you not to
do 1t, TO which she made no response, as far
any testimony on that point Is concerned Under
all OF these circumstances, IL IL not that the
Court could take from the Jury. The Court thinks
that the jury are entitled to pass upon the question
OF guilt or innocence, ana that the prosecution are
entitled TO have that evidence given to the jury for
that purpose The Court would be usurping its
powers by directing such verdict. The motion is
therefore denied.
THE DEFENCE
General tCatn then opened the case for the
defence at great length, and in the course OF
his remarks contended that the sympathy OF the
community was with the prisoner. He compli-
Inented District Attorney Brtton for having re-
fused the assistance OF private counsel of whom
Charles > spencer had been offered retainer OF
Sz,ouU Wy NdtNoHS IdHniy lie argued tiat tncfe
could be no compromise in the casc-the prisoner
must be acquitted, convicted of murder in the
first degree. II the jury had doubt as to the guilt
OF the prisoner, they must give her the benefit OF
1t and acquit her like men. General Catlin then
proceeded to state the circumstances of the shoot
ing. He asserted that the deceased followed the
prisoner from the workroom and, Selling her In q
very improper manner, endcavored to induce her
TO accompany him.
SHE STRUGGLED WITH HIM,
and finally broke from him. scratching his face. He
followed her closely and then she fired the fatal
shot Counsel contended that the prisoner was no
more responsible when She did IL than the pistol
ITSELF The defence, then, was temporary
biography OF the prisoner (who was born
In Nottingham and claimed that she was chaste
until ak months after she commenced TO work for
Watson, when she yielded TO him. lie Kept pur-
suing her and she attempted TO leave this slavsh-
ness 10 hip, but In vain. When she married Wat
put his hand on the Bible and took oath that
he would never modest her again. But he did, and