The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-26
The Argument Of Counsel in the Presence
of an Immense Audience.
The Accused for the First Time Bursts Into
Tears and Shows She Has Heart Ca
pable Of Feeling Her Position.


the audience on previous days. that In attendance
yesterday was increased two fold Long before
the commencement OF the summing up for the
State every seat In the court room, that will
accommodate probably four or five hundred per-
sons, was occupied by curious people who
| were anxious to get glimpse OF the accused and
hear the arguments Of the lawyers. BY the time
Mr.. Wooster had got well into his argument every
available foot of standing room was occupied, and
many ladies' elegantly attred and of genteel ap-
pearance, were forced to stand. Within the bar and
surrounding the tables OF the reporters and lawyers
were ladies' clergymen, professors in the colleges
ex-Senators and Assembymen and State officers.
The accused. during the entire morning, exhibited
for the first time uneasiness, and although encOur-
aged by her son, sister, brother and brother-inaw
to hope for the best her agitation could not be sup
pressed and when Mr.. Wooster closed she burst
into tears and for moment the vast audience for
got that she was accused OF murder and felt q
kindred
SYMPATHY FOR THE WEEPING PRISONER
who had at last broken down under the weight Of
accommodating evidence and the hostile comments Of
the people about her.
The summing up for the prosecution was COM
menced at fifteen minutes before ten A. M by Colonel
stiffness that settled over the crowded court room,
by stating that the prosecution had endeav0red to
Introduce. no evidence except such az the facts
warranted, and had neglected to put in none that
FOR THE PROJECTION OF SOCIETY
to offer. This duty was now drawing to q close
and that OF the jury was now beginning; their
responsibility was great, and 1t behooved them to
carefully weigh their duty to society by protect
Ing 1t from this character OF crime that has become
very frequent. Counsel then reviewed the circum
stances attending the death of the two children and
| Sherman, and the symptoms attending the illness
OF the latter The evidence Of the medical experts
he said, certainly established beyond doubt that
ana an
Ing, and the. presence Of these, Professor Barker
shows. are exceptional cases. 1t was very strange
CITY OF LEARNED SCIENTISTS
The defence had not produced some one to con-
however, attempted to show that the poison that
was found In the stomach and liver might have
the showed L nsM eo
they assumed that the poison was communicated
1t was q new jar and perfectly clean they jump to
from the green tinge in the jar. When that theory
Is exploded by the evidence they assume that
THE ARSENIC WAS IN THE BOX
IN which the articles We're packed; but the slate
showed ID THIS to be Impossible when they a back
prescribed by DR.. Pinney. After this had been dis
PEELED by the analysis OF the specimen from the
cine was not given to him until Thursday night,
long after the symptoms OF arsenic had developed
themselves the defence set up the theory that he
took 1t In liquor over the bars In the highways and
BYwAYs OF THE CITY OF Films.
a witness has testified that during his visit to this
city he had tasted drop OF alcoholic liquors; on
the contrary, the evidence shows he was sober
ton OF accidental poisoning over the bars, the de-
fence next intimated that Sherman may have made
away with himself They introduce evidence trying
to show dependency as likely to induce him to
COMMIT THE ACT HIMSELF;
but the evidence all shows he was not Of despond-
ent turn OF mind; that when at work the day he
was taken to his bed he was sober and cheerful:
that he returned home, took cup of coffee, ate his
ton, and there was taken sick. He returns home
and tells how sick he Isl and expresses all through
his illness desire to live, sends for the doctors
and is tenacious Of life. All these clearly show
Sherman never contemplated taking his own lifc
Fearing that the jury would not accept of any of
these as an excuse for the tragedy the defence, as
de,1iier resort, introduce to your attention
HUBBARDs LOBsTERs,
to show that of eating 1t he may have died. The
lobster that he ate that night could scarcely
tain so much arsenic as the chemist found in the
evidence at the last moment to combat science.
The evidence OF his mother-in-law, who lived In the
family many years, shows that he never had
the debauches or after coming out of them.
The counsel briefly touched upon the motive
Of the prisoner and declared that the evidence in
the case had clearly shown motive, she was
anxious to get a divorce. The only gap wanted in
the evidence was that no person saw her sprinkle
Wooster dwelt with much emphasis upon the fact
that the prisoner attended him through his sick
THE ONLY PERSON WHO MIXED HIS MEDICINES
and food What other explanation OF the demise
administered him In his medicine during his i'll
ness 2 The evidence shows that she gave him the
first dose that in ~, his venting and this
closed his hour and quarter speech with the re-
mark that II the jury failed to convict for want OF
evidence OF living witness who had seen the pol
son sprinkled upon the food OF the victim 1t was
time that God helped us, for the people will not
While Mr. wooster was speaking Judpe Shinman
United states District Judge OF Hartford, and
Judge woodruff, United States Circuit Judge Of New
York, entered and took seats beside Judge San
Mr.. Gardner followed for the defence, commenc.
the evidence fully, referred TO the affection that was
shown to exist between the prisoner and her al
legged victim, her efforts to reform him and
LIFT HIM UP TO A HIGHER PLANE
Of manhood than that to which he had fallen by the
use OF the hery liquid Even Mrs Jones the mother
inlaw of the deceased, bore testimony to the devO
ton of the prisoner to her husband. The argument
in the main was very labored and dragged along
YEARLY; but one good point made by the counsel
= - BUYING ARSENIC so OPENLY,
and inquiring how to use II, when she could have
come to New Haven and purchased 1t without any
fear OF detection. Indeed, the State would never
have known that she had had arsenic In her posses
sion had she not frankly declared that fact and
stated canddly the motive for which 1t was so Sc
cured
The last act OF his life In giving into her care In the
presence OF God and man, the custody OF his IA
vorite boy, shows that no matter what others may
have observed or felt to be their angry disagree
ments sherman passed from this life with loving
confidence In his wife, The counsel closed at twelve
minutes before one, having spoken sixty-two min.
utes -.
Judge Foster, state Prosecutor, at a quarter past
two commenced to review the evidence, In the
presence OF larger audience than was present In
the morning and many ladies being compelled to
stand in the alses After disclaiming any intention
to put in any evidence not authorized by the prac-
tice the counsel considered the points made In Mr.
Gardeners summing up. The accused, ne said
accused of murder, and as the attorney u COM
PEELED to charge in the Indictment the particular
degree, and ali cases of poison under the law come
under the designation OF murder in the first degree
he had alternative in this case but to charge the
higher offence; still the jury had the power TO
BRING IN VERDICT or MURDER IN THE SECOND
DEGREE
To convict the State must show, first, that ne
(Sherman) died; second, that he died OF poison;
third, that II was administered by the accused, and