The New York herald., 1872-12-17

macy existed throughout both families Tor more
sons INFORM ans
ing existed between these two families. II would
"'~ y xnpEnsoN NEVER LOST FAITH
In the defendant and that the relations OF the lat
ter with his own family were Of the most af1ec-
intimacy between DR.. Irish ana Mrs. Anderson
wouid not Mrs. Irish have smelled them out and
up 70 the Ss Of Se
dereon TO Newark, counsel said that they would
prove that they went there on business and that
Mrs Irish knew very well that they were going
and had been invited to accompany them. General
Cathn IN referring TO the fact that
MRS. ANDERSON PROCURED TnE ARSENIC
OF DR.. Irish's store, said that for some time pre-
vious Anderson had been shooting At cats about
his house, and Mrs. Anderson. fearing that some
one might be killed or hurt, promised TO get him
some poison II he would give her his pistol. That
evening Mrs. Anderson went to the Doctors house,
people, ameng whom was Mrs. irish, she said that
"Ed' ther husband) wanted some poison TO Kill
ca.s win Inc D1ctGr @ sa,a M ne was gong up 70 me
the store and he told the clerk Jackson that Mrs.
Anderson wanted some arsenic to XIII cats
which was placed in the yard, and the next morn
ing they had cat uaughterl The defence
and II il were crimnally administered, some
other person beside the defendant, who had a real
motive administered II: You win remember
the Internal Revenue Department and was as
signed TO a perilous duty. His duty was TO seize
manufacturing and selling Illicit spirits The men,
as is well known, who were engaged in that bush
THE MOST DESPERATE OUTLAWS
In the community. Indeed. there was q large com
munity actually in state OF rebellion against the
United States authorities, and it is a fact that re-
wards were offered for the heads OF revenue ON
GERS No faithful officer dared to go In that COM
munity, and 1t could only be reached by large force
OF Uniied states troops These desperate men went
armed TO the teeth, and did not hesitate to MAIN,
iDjure and kill revenue officers II IL were neces.
gary IN npan npna G. m
TO Kill the deceased and actually did Kill one OF his
comrades. Anderson made himself special OBJ
lect OF hatred 10 these men. He seized their
horses and carts and whiskey, which we've sold by
the government They had
THREATENED TO KILL HIM,
and he repeatedly expressed fears that he would
be killed by them. Now, we show the strongest
motive, and, II we can show the opportunity, as we
can beyond doubt, for that motive to be carried
into effect, we show theory Of the death OF An
derson much stronger and more reasonable than
the theory Of the prosecution. Another theory
advanced by counsel was that
ANDERSON COMMITTED SUICIDE,
and, in connection Herewith, General Catlin said
that they would show that for weeks and months
Anderson had been In the habit Of saying that he
wished he was dead. They would also show that
he actually bought arsenic, and was in the habit Of
taking white powder from VIAL which, he said,
was good for him, but no one else. Unless IL was
shown thar he used the arsenic legtimately they
were forced TO the conclusion that he took 1t to
destroy his life.
cnpied nearly three hours in delivery, by an elo-
quent appeal to the jury SO patheticaiy rendered
as to move many OF the audience to tears. DIR:
irish wept like child. His wife and daughter and
several intimate friends around HIM also wept. AS
the General concluded he audience applauded,
ana mingled with the applause there was just one
MRS. ANDERSON AS A WITNESS.
Mr.. M0rris-lf the Court please, II ie so near the
time of adjournment that suppose IL IL hardly
necessary for us to go into our evidence but before
the Court adourns we desire to say that tomorrow
morning we desire the presence OF Mrs. Anderson
in Court. We understand the District Attorney TO
object TO it, We claim it as our absolute right. We
have the right upon two grounds and upon every
Judge Pratt-If any application Of that kind is
to be made will suggest that 1t be made upon af-
6davits. am not aware OF any power in Court
Of Oyer and Terminer to bring prisoner into
Court except for two purposes-either to give bail
Mr.. Norris -The party is Jointly indicted with the
party on trial. but hold that Your Honor has alb
ties 1t is an Indictment pending in this Court;
the prisoners are in the custody Of this Court and
certainly Your Honor can see why 1t Is necessary
that this person should be here don't suppose
that the District Attorney wants to put US to the
trouble Of applying for writ OF habeas corpus to
necessary @ that that we have the party here W ali the
while during the examination OF the witnesses.
Many Of the witnesses cannot be examined prop prop
1t is just necessary, far a. that part is con-
cerned, as is to have this prisoner himself here.
District Attorney Britton-l certainly don't feel
called upon At this stage OF the case to say any
thing at all; yet, at the same time, lest my silence
know BY what authority the learned counsel says
to this Court that the District Attorney objects to-
her presence. only know that on an appeal made
to me to produce her here, as understood IL, de-
clined to do SO for obvious reasons. In the first
place, the person is not under my control. am
not lailer OF this county, nor do keep her within
confinement, and that, perhaps, will be sufficient
answer to that application; but will say this in
addition, that do object and shall object when
the time arrives for me to object to her presence.
She iH indicted FOR
THE SAME CRIME
for which the prisoner at the par is indicted.
Having elected TO have separate trial on her own
BEHALF DR.. Irish only is on trial here. Now, in the
alter, and submit that know no law, and, more
than that, don't know any principle, that sne
should be present and hear the evidence and pro-
ceedings in the trial of DR.. Irish. believe that
it would prejudice the cause Of justice, and II she
Is guilty, which ] don't mean in any sense to pre-
Judge, believe the rights Of the people would be
This testimony, the hearing OF which might be used
hereafter on the trial. So far as a witness is
cerned, Your Honor knows, perhaps, better than
do. that there is no rule OF law under which
she 10 competent as a witness in this case.
II Your Honor and this Court holds that size
Is competent as witness In this case ] shall Ger.
fainly make no objection TO her being present for
the purpose OF being examined II could can
only do that In my Official position which think
will be justified In doing-t0 wit, to insist upon
the just and legal
and award TO the other side all the rights which
think as prosecuting oficer, they entitled to.
Now, n the Court believes that there is any prin.
ciple or any rule OF law under which she is entitled
10 be present this prisoner is entitled to have
her present shall most cheerfully submit to that
but, believing as do, that there is no such rule Of
ton OF her person during this trial.
Mr.. Norris said he would make the application In
form In the morning. The Court then, at five
minutes TO four O'Clock, adjourned until ten O'Clock
this morning.
A TRENTON sTABBINa.