The New York herald., 1873-12-31


which sharkey was convicted. the peculiar circum
stances OF his escape from prison, the youth and
sngularly striking beauty Of the prisoner on trial
and the fact that she was Sharkey's afilanced, al
combined 10 impart unwonted interest 10 the case
AS on the previous days OF the trial the prisoner
was accompanied by her jealous and indeiatigable
counsel, ex-Judge Beach, Messrs. William T. Howe
and John o. Mott and sat by them.
SUMMING UP or THE DEFENCE.
Mr.. Beach, IN speech occupying two hours, ad-
dressed every consideration which his legal ability
and eloquence could suggest in favor or his fair
client He felt Ii, he said, to be relief and pleas
ure to defend one against whom no calumny could
be breathed. This woman was not dangerous
element, presenting TO society dissolute example
tnat should be confined within the walls OF state
Prison. 1t was foolish, he thought, TO claim that
the law demands punishment in a case like this.
He asked the jury scrutinize carefully the proofs
before arriving at a Judgment The lberality OF
the jury box is necessary TO the impartial admins
tration of Justice. The jury is not crDbed cablned
and confnedn by the necessities which hedge
around the District Attorney.
Mr.. Beach then read from the statute applying
to this offence ana held that there was no ground
ol CONVICTION, as 1t could not be proved that the
prisoner had performed any actual act or assist
ance 10 Sharkey. she might have been actuaed
by kindness IN her contact with him, and might
have desired that his escape should be accom-
plished, but these circumstances did not make her
guilty. He thought the District Attorney had con.
founded the law applicable to aiding and abettng
an accessory before the offence with the express
statute applicable to the offence. He then showed
the equal completely Of the keepers with the prls-
oner, II any of them were guilty, and reviewed the
testimony OF Kessler, showing its weakness. He
concluded with the history OIL the condemnation OF
the Count Lavaette alter the 1a OF Napoleon ana
the restoration OF the monarchy under Louis
XVIll., ana his subsequent escape disguised in
s his o hs nst be 1pue IN
her conviction would not go down upon the
records OF the Court to It's shame and disgrace.
SUMMING UP FOR TIE PROSECUTION.
Assistant District Attorney Russell followed for
the prosecution, and in an able argument sought TO
demolish the structure OF logic and sympathy
which the opposing counsel has reared Tor his
clients protection. He relied mainly on the sec
ond count of the indictment-that of aiding and
assisting the escape-the Court having suggested,
during Mr.. Beach's address, that there was no
proof OF garments or other materials having been
address he confined himself simply to statements
OF Iact and reviewing the testimony
THE RECORDERS CHARGE.
Recorder Hackett then proceeded to charge the
jury as tolloWs.-
i is shown that the prisoner seemed to have intimate
slant and unremitting visits to him while confined at the
G Prison charged M d., With the m Ter Ter Of and after
with intermison OF six seven weeks when she
IN the morning ana was the last to leave So horouahy
were the keepers and doormen accustomed to her visits
aid Of ticket By order Mr. Phps one Of us the Keep, e
sharkeys cell when Warden johnson went away halt
says she the prisoner there in ront Of the cell Of
ana sHs'' 'ss sF' ana a% s
oo s % Dc ge%nS Gs a % s I
to da M n not ths Sr such intention M to the
Gs In
front 9i hs cell after sharkey had le if it was he who
most earnest and impassoned appeal only to Tie
Jurors but also sympsthss my duty y
s ssai the b the of g
M ra tt a yo yen be- y n
confederation in the escape Of ,harkev and to be led
oner The penalty which has been read % in your i hearing ring
to Re
eer e W dh M po5 M he m
would to my mind be a thousand times more culpable
to haye been Eeepsf lie aa ose &S
and
t your duty to carefully search your minds detect
aehse since ms trial Was SET down the public mind
mas pedoe @ ang WIN h sne escape OF anoaer
ments upon the duties Of ailers ii the prisoner be in
ae @ IN n wheh 10 M & sEa osF AN
ar e 10 SH Hass s q psadgsss OF sHFbSatsss i sf
bsi0g furnishes no su5nsr d
rising superior rio to popular o aRGr % and dsteFHmnlng an
o aTf the 3 2 s se M % cne S ad ai s
william lam harkey % M men e held In lSga S custody within
ton Tor the felony OF murder had in the Court OF
Sessions OF the city and county OF New York. to
therefrom then it win become your duty to find her
guilty of the charge in the indictment named having
aided and assisted said sharkey in his escape while con-
fined in the City Prison tor the felony OF murder II The
evidence has satisfied you that the prisoner did act
however slight which contributed to and did aid and
assist sharkey in his escape the priso having the
aid AMI assist Sharkey escape then will be-
your duty to convict her of the charge, have
stated TO you
The jury retired at hafpast tvs O'Clock and had
not agreed upon verdict at late hour last
ornr mr.