The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-09
JUDGE BRADY's CHARGE.
Brief Review of the Law and
the Evidence.
JURY RETIRE FOR DEL1BERAT1oN
Verdict of Murder in the Sec
Ond Degree.
Sentenced to State Prison for Life
Scene in Court.

eSSAO Ala SV0An
Bleakley's trial, the ninth day OF its continuance
was resumed yesterday morning in the Court OF
Oyer and Terminer, before Judge Brady. The usual
large and deeply interested crowd thronged the
court room. AS for the prisoner, he appeared as
heretofore the least Interested OF all the persons
present. His right arm, which, considering the
very slight injuries he sustained In his double
attempt ut suicide, seems to be long time In heal
ing, was stin in sling. His dress, including the
marked slevenliness Of his linen and his unkempt
hair and generally forlorn look presented the same
continued Indifference to personal appearance. His
counsel, ex-May0r Han and william Il. Howe were
prompt in attendance as were the opposing coun-
sell District Attorney Phelps and his assistant Mr..
Rolling.
MR. HALL CONCLUDES HIS SUMMING UP.
At the opening Of the Court Mr.. Hall resumed
his comments upon the testimony OF Anna Weaver
by whose sole oath the prisoner was charged with
seeking money from his niece. He not only
pointed out contradictions Of varied kind In the
evidence, but showed how she admitted falsenoods
In some parts Of her whole declarations. He also
contended that the pleasant interviews occurring
aiterward between uncle and niece next door, the
Central Park visit with the two nieces afterward,
the testimony OF his friends, his whole course OF
conduct In moving her to reform and all the cir
cumstances entirely destroyed the horrible mo.
tive, and 1t was illogical that he should II 1t were
true, pray her TO abandon life in whose proceeds
he shared. This out OF the case, where was the
motive At the most, without the insanity de-
fence, the prosecution were left with case OF
MISUNDERSTANDING suddenly in the heat OF pas.
sion. He could not premeditate. He set out with
Lottie intending to meet the deceased In the street.
He was an old traveller, Californian and soldier
He carried the pistol habitually 1t was
not the case OF providing pistol. The
prosecution viii claim he was drunk But the
housekeeper-the hooded witness-the cObra.de-
capello, with subtle poison under her fangs-at ali
events declared he was sober. He displayed the
cunning and GOODNESS or the mailman such as is in
evidence in Oxfords case, Bellingham's, McNaugh-
toms and a host OF others. Mr.. Hall then passed
on to review the attitude Of the people, next to
full, detailed and pathetic chronological account
OF the prisoner. or all the peoples the face or
the globe the Irish Gets most attached to their
families. After years OF Bedouin travelling, Or
phaned at an early age, sick throughout the world
In hospitals, he seems to have given up the past
i've years OF his life to his family In Ireland, to
have journeyed more than ten thousand miles to
favor them. The dead girl was one OF his daugh-
tiers In eject. He was proud and sensitive man
his Just the brain for grief and disappointment to
slowly mine and sap into for some sudden spark
and explosion. Mr.. Hall then infinitely reviewed
the testimony OF L0ttie, the main witness for the
people, and commended It was evidence
ice as well as insane act. This point OF the
speech was interspersed with feeling and apt CON-
OF friends and neighbors showing him an indus
trious. Woodworking, sober man; how he changed
his roes ao his aa
his grief, which increased day by day. Constant
dropping OF water wears the rock The constant
foods 1t with the mighty and torrent rush OF in
sanity. Then came within weeks time-nrst his
o.s s saS o. e
sudden news Of his SISTERS suicide; third the re.
nection that he had ndulgedin unkind ideas toward
but on the contrary, her sinking lower las he ex-
pressed y to tottiel by entering the Cozzens
in the scale Of virtue But surely his niece, now nov.
she had killed her mother, would leave. He
would make more trials. Hence these persistent
"Wednesday 70 the fssa TUESDAY foo low and Gay
by day. The learned counsel then passed to the
c s u s
The same statute book which provided for homicide
enacted that insane act should be punished. He
psychology or soul science. After all that phiioso
piers had written the Bible contained their basis
and mind.p Some thought this repetition. Not
80. Heart represented the emotional, mind the
intellectual and soul the moral The defence was
really the District Attorney should have called,
and BY whose Judgment he ought to be bound.
se um were oc sse '
law, paid from the public treasury, CONVEX
ss nsy swoTs ssy oS wH insanity
insane act. They swore on suppositions OF eyi-
dence. We're the suppositions borne outf (dr.
by The
who proved each one.) The people call unof1cial
experts, who made up their minds weeks ago with.
what his friends said Of him or knowing anything
about the predisposing causes OF his insanity.
they had committed themselves. Then, DR.. Neftel
was almost an official exrert-a man Of world-re-
nowned science, who had been employed for years
over Europe, and OF immense skill in treating ner-
vous diseases, and distinguished writer. the
said he dId not cross-eSamine Dr. Hammond' ex
cept on mis- odd ideas OF expertism, because here
was his book lHe then read copionsly thereiIom
the six months before the deeds what for' Whyi
Ts ssaSses Ssys a Sss MA
Han read largely from rownsends state trials con-
tanning celebrated insanity cases, to show how
cool and collected and surrendered themselves and
goraed In the deed He also commented at
na WITH the San
peroration And now, gentlemen, his fate and
the precedent you establish for pos
teriry by your. verdict Is In your keep.
Heavens handiwork, stumbled on his feet and
stood up to face you, as twelve times the Clerk ex-
made. SO help you God.n Twelve times his soul
looked into your souls nom his soul window, to
each Of your soulH, suffusinR light through your
eyes. See to 1t you make such true dehverance
that when hereafter you shall come TO put your
hand In the cold grasp Of the Angel OF Death 10
winch the District Attorney would wish soon to
coDeign this pris0ner), NO reproachful look from
his soul shall pass to your souls to stamp upon
them the regret OF an eternity.
Mr.. Hall Bpoke nearly three hours, and during
this time the vast concourse present listened with
the most rapt attention. Il was generally con-
coded that 1t was one OF his most brilliant efforts
at the bar, and as he sat down he was warmly con-
graduated. ~ Ltt
SUMMING UP BY Mr. PHELPS. .-4 "
On the conclusion OF Mr.. Halls address to the
Jury, Mr.. Phelps rose 10 reply for the prosecution.
He began with q most eloquent exordium explanar
tory OF the peculiarly and enormity OF the crime