The New York herald., 1873-05-03
MAUD MERRILL'S MURDER.

Opening or Counsel for the Defcnce-Thc
Murder Justified on the Ground OF AL
lcgcd Insanity.
As the trial OF Robert p Bleakley for the mur.
der In December last, ut q disreputable house in
Nelson place, OF his neice, Mary Ann Foley, alias
Maud Merrill progresses, the public interest in the
proceedings seems to increase. A larger and more
eager crowd thr0nged the Court or Oyer and Ter
miner yesterday than on any previous day OF the
trial. Judge Brady occupied the bench as hereto
1Ore and presided with his usual courteous dignity
The prisoner was still kept in corner OF the court
room, and still maintained the same seeming quiet
Indifference to the proceedings. The counsel were
promptly In attendance-Distri Attorney Phelps
and Assistant District Attorney Rollins for the
prosecution and ex-Mayor A. Oakley Hall and Viii.
Ham +. Howe for the prisoner.
OPENING FOR THE DEFENCE.
Mr.. William +. Howe proceeded TO open for the
defence. He spoke an hour and half and, as
defensive argument, a most eloquent able and
forcible one 1t was. He stated that during an ex.
perience OF twenty years. practice in the criminal
Courts Of this city he had seldom risen to address
ajury under more painful feelings or with greater
anxiety than upon the present occasion. The lie
or q fellow being was in their hands. The circum-
Die prejudce-a prejudice against pleas OF in
sanity. 1t was their duty to wrcst ali such preju-
the solid foundations OF law Justice and the sworn
evidence. He insisted that Bleakley was not re-
sponsble for his acts ut the time OF the shooting,
being in an insane state OF mind brought about by
the deep disgrace upon the hitherto unsuilied
name OF his family. Alter showing that his heredi-
tary insanity was intensified by two severe in
jnries on the head he cited numerous cases in
which the defence was insanity where acquittals
were obtained and the parties afterwards died In
iunattc asylums. Other cases were also cited
where, In similar pleas, men had been executed
for murder, and subsequent post-mortem exanina.
In
feferred to the celebrated Macfarland case, and to
tne strong PUBLIC sentiment against his acquittal
on the ground OF insanity. The result, he claimed,
fully justified the verdict, as Maciarland was now
she inmate OF lunatic asylum. He gave sketch
depicted his peculiar pride and sensitiveness his
nIe OF devotion to his sister and nieces and his
seil-sacrinces on their account. He alluded to his
patriotism as shown in the last war, when rejected
Us a soldier ON account OF physical disability, he
OF shooting his niece alter copImentino on
his urgent entreaties TO forsake her abandoned
lie he spoke as follows: s:-"Bleakley looks at her.
he traces IN her features hts dead sisters linea.
ments. He thinks OF his own mother; OF his boy
mood days; OF the old village church, in which he
used to kneel and pray when all was happy and the
name or Blcakley was an honored name. He knew
that the child OF his dead sister was ruined and
dishonored He saw her totteriDg on the precipice
OF he'll, and at that moment, under those circuIn.
stances In that state of irenzied mind, is 1t to be
a. .aat reas9n the monscn Of the mind
stead The result has been told. An Instant be-
health.
Beautys ensign yet
Was crimson In her lips and in cheeks
And Deaths pale flag was not advanced there.
IN moment how changed the scene. The warm
NE blood Is gushing forth; the pallor OF death
taciel 10 witness death in any form. or at any
time, under any circumstances is a scene OF pain.
Iul soemnlty. But 10 behold one In the morning
9f NE enter eternity through that svestibule or
nell,' where she was kept for filthy ucre's sake
ssn, he Insisted that Bcakley shot his ~ neca he
cause ne was enzied into the belief that IT was his
usy SO do so TO save her soul; thai this frenzy was
insanity; that being insane he could not be held
responsible for the act, and that 1t was their duty
Sor this reason TO acqurt him. As the heather Of
Did worshipped the tree that had been struck by
nghtnng, 70, he urged, IL their duty, as Chris
tian men. TO be moved to sympathy with human
sorrows. Mr.. Howe Notwithstanding the length OF
his opening, listened 20 with the most earnest
And rapt attention by The crowd present, and at
tne close he was warmly congratulated by all
Menpers ol the bar seated near him.
EVIDENCE FOR THE DEFENCE.
Ater Mr. Howe had finished his address the de-
kence entered on their testimony. Mr.. Hall, who
gegan lhe examination Of the witnesses, called as
Sne nIst witness hiss Mary Ann Prudon. She testi
sixth street. where she went in July last: Miss
Eoiey was there at the time and remained there
shrae &c s se mad seen Beasley at the house
s1Iee VI Iour Liines; she heard conversation be-
sween MIN and his niece once in her room: she
can came and toid witness afterwards that he wished
one in tone. che Court ruled thst the evidence
was not relevant TO the question OF insanity, and
To Mr.. Phelps-The conversation retsrrec tencss.5 =,
took place about month before Mrs. FeIey eft
the house. -~'' eis
Sarah Wilbur testified that Mrs. Foley caro %
1er house April 26 frcm No. LA; sue left about tho
Xth OF November; she saw the prisoner three
times at her house. eo
Mrs. Ellen wallace testified that she lived at %
De kalb avenue, Brooklyn; she had known the
PRISONER about two years; she had seen his piece
Lottte, with him she had seen him with pistol he
seemed much excited; she had asked Lottie why
sne brought b1m there; she said he had pistol
ana perhaps sue twitness) could do something
Win him he took out pistol and she told hin
20 put II up, her children were around and she
Vas AFRAID ne sahf he wouldn't hurt anyone
him II he didn't stop she would 20 out OF the
houses then he put IL In his pocket and she got
MIN some dinner; her husband came In and got
the pistol from him; Polly's name was mentioned
onQ ne began crying; she met him several times