The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02
THE UTICA MURDERESS.
HER CASE IN COURT.
Insanity To Be Set Up for Her
Defence.
All the Details Of Her Life To Be Brought
Out on the Trial.
IRON tho rrt,c. obserrer. Jan. al

-. From the Utica Observer, Jan. 81
sides Of the McCarty murder appeared se
motion Of ,s % g put over the Trial of the
After ne preliminary conversation tn District Attorney
was Already on cannot be broken into by any trial of
Judge Dootle said should not allow any trial TO be In
but a. tue present moment no other business oc-
tion. unless authority against could
BIO shown. The prisoner properly should DO In the court
Lewis D. Baocock for the defence said that the prisoner
s ssclson ne wa, prepared 70 make the Sppca,,on to
s &C. rt ls
on 'se motion to pS the trial oyer oyer. , ,,s,,,
against Mrs. McCary contained seven counts among which
ale ed that the accused designed 20 ssc the death q
the sath Of january plea guilty.
ws0s
the Ss @ u ss 81 criminal ns %
cused committed the offence the condition of her mind
AMONG Sinss sondSo: slon
bic ranng canse death Milton
he the mimi or s @ S S S 50
offence WAS ~ NIT she was not Legally
insanity In our opinion i {. no. now for TO
ess claim INSANITY as applied Ss
The coUnrThe counsel does not claim tina. the accused
was before the Time OF the alleged act but at the time
Mr. BABCooKW cain that prior TO the time the act was
committed the accused greater less
the counsel claim that the accused
accused Legal socoun.sehiy crime. may
tort q Appeal. When the question Of insanity Is ia
~ tried :. the woman took The lie Of TSomson We sSs
where Ss on
OF about nifty rods before anything occurred between her
The roUnTrhe woman had tho pistol before she got on
Mr. BABoooK-Ycs. year or more before that
me Mrs McCartys relations with Thomson, her tempera
se se n or s ss s IN s s
Thomson met Mrs. MoCarty her YOUTH when she
10 The down W he her,
ad ss Ds e s re tho u
be conquered the proper time IN the ques lon
the LOT the
the duty OF the Court TO have commission appointed
Mr. BApoooK1Cerainy; all that we ask IL that the
Mr. sbcoS them G 70 the Court s Rob-
e o. Jones associate counsel for the defence The sda
the @ q s as 70
duo. prior to LEAVING A. any tor Tsa the trip TO Albany
the TIA! i Terry impossible % the ready
70 % @ ss on nUe
that possibly application will have to be made for the
70 Rs sanity Ra sssc @ the IN
Of
PERI Interest In farm IN Augusta on which Milton H.
aeraou and that Is ressSnsbie ask that the accused
then read his which stated tina.
be counsel for the accused associated with robert o.
SneroaH her dsisnss that thus far he had no. ebsineS
CLIENT lsi only general been Obtained; that
@ sa WAS me great welfare S
her cliiarsn; cha. she appear. 10 be liable a
case. and that he WAS wholly anprsparsd 70 make
% at % n the ct hs e as sss we not %
to his clients ndton OF mind could prepared
suspend al other BUSINESS trial this win
Pe sG owe 70 % mr.
mental ano condition. she will not be able to furnish
S%n ' Ssha shall be ase or requisite for
in the for the defence ask that ths ,a
Of the accused be poslponed,
n some respects the application for OF this
coanse oT the defence SPEAKS Of the mental condition Of
the seced but there Is not witness Named b or fact
the Court 10 the facts m regard to her real condition
Court be. pistol possession Mrs
McCary purchased in Albany over year ago; That the
the 3arciase name pistol and date OF
% Is nl 10 Ha or se Ss
enolts were eeiag m. &c to discover the facts
the accused had pistol that she fred at Thompson and
k,,,e s Al sno sa,sr man.
The DISTRICT ATTORNEY, resuming, said Tho counsel
counse 70 mac" 70 the cer& VINO sold The pistol
Sos e na r the
or the name Of witness been
IN Gss en-
meade 10 NJ ss ssn s ~s a they ha sa U
give. Them sae'i time ' they WIN Try. and hope 70
esn or
NJ se not lie may have tanwx Han sna
he may talked having krowedse Of Of
yet nothing which IT'S judgment, moth
70 The question: Of phy.ics mental nrmss strange
that The legal gentlemen should put in that plea Yesterday
respecaoe and sku physicians Of our CITY to the jan to
iSs DISTRICT ATTORNEY produced and read the an
Thomas tesned he had been called to attend
one week, years ago. the Both
o. January ls7 In company with Dr ssel ne VISITED tho
sre Attorney elsnnns physical
her mental condon and found that il was good Her ply
CONDITION under the crcumstances very good, and
prevent her attendance Court Her physical
e0@ abs menS and pysc on o. the
such that shs VIII be able to attend trial at this term Of
Ihe Distrc. Attorney said those aaldavs do away with
% tbe presen, OF tie Court now tne counsel Tor the
In the plea OF insanity, and that insane
Cour, oyer and Iermner TO send commission to
impus .. sane = before ana a. Ter the
oomml.ed, do not know that is the duty Of
there effort to have the put
given of Intended witnesses
given. Every that McCsrty has
snccs OF this State she everybody
Bul seems highly Improbable that the Court will put
the case 70 wat Tor we can hardly believe
what Jones In Albany thinks he We say
ade In their Ell o TO on this trial.
seems us thai the case should be ted They admit that
the accused shot down an inosnsi man. in crowaes car
year. this account, their admis-
sion, voluntarily the shoull be promptly tried
example and warning 20 ell who carry arms or
oeaed weapons The should be promptly ie for the
effect should have upon Al persons The
ale and whng, and may Almost waiting
10 be tried We that strange and suspicious that no
Mrs Notary Il presented TO this Court She
Court put the The counsel claim
have q statement OF facts.
How they the mental condition Of their client
have the whole One OF her counsel
goes Albany twelve O'clock the crime was committed At
Ten O'clock hours before Then 90 goes TO Albany and