The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-27

eNip ana mumsuy wn,on exIstcd between the prs-
oner and the deceased; the amentabie naeSaifa7soe
with the woman Miller; the flight to Newark TO es-
cape the Sher-s oIcers. ana the letter TO his tried
and trusted friend. Heggi. He ridiculed the idea
ceased, alleging that the prosecution had en-
pcyed detectives; had examined druggists IN
Jersey and elsewhere; had searched former nm,
cuiean EFFORTS to ferret out conclusive PROOF sup
porting the theory OF the prosecution, put an 10 no
in his possession. Counsel claimed that the testi-
mony OF DIR. EndemsDn, the chemist VINO nao
found arsenic IN the remains, waS no ots en- IN
troduced for the defence, who emphaticaily dis
puted his views ana theories. II the Jury had the
evidence-if they thought that in this instance he
might have mistaken arsenic Tor some
n Ses Professors n,ss Of Chemistry have done in
similar cases, then there was an end OF the CASE.
They must be sure. Many instances are recorded
OF arsenic creeping into the system, and why can
not that be the case in the present tnstance9 DR..
Marsh counsel believed, had as thorough knowl-
edge OF chemistry az DR.. Endemann, and he testi-
fed for the prosecution that he failed to detect the
existence OF arsenical poison in the body upon ex
humation. The son OF the deceased, II he permit
ted his aged parent to leave him and die in o
strange CITY, out OF his sight, was base enough to
put poison in dozen bodies. He must be the
him are true. Counsel continued in an eloquent
strain Tor about an hour and half, finally conclud-
Ing by earnestly exhortng the jury to take into con-
sderaOn every circumstance OF the defence as well
as OF the prosecution ana properly appreciate me
weighty responsibility resting upon them In the
discharge OF their duty He drew touching pic
ture OF troubled conscience. sleepess nights phan
toms hovering round their pillows, and an alter
lie OF remorse and terror II they consented to be
tho instruments for shedding the blood Of an In
nocent man.
Assistant District Attorney Rollins followed for
the people. and In q two hours speech went over
all the salient points OF the testimony for the
prosecution, putting them in f0rcible Juxtap0-
stion with the testimony, BRIEF as he claimed, and
III great part unreliable on the part OF the de-
fence. He commended that the medical testimony
adduced for the prosecution clearly demonstrated
that Segfred died from arsentcal poison, and that
the prisoner and no one else had motive to adj
ministerit.
nr. Howe read number of requests to charge,
all or which the Recorder directed the jury to take
as law to govern them In the rendition of their YER
dict.
THE CHARGE TO THE JURY.
His honor Recorder Hackett proceeded to de-
liver clear and impartial charge. He said that
the important and vital questions to be determined
by them in the case were but two. The first was
this WAS the death OF the deceased occasi0ned
by taking arsenic internally ?" Unless they were
satisfied beyond q reasonable doubt that such was
to consider the case no further, and
That question was to be resolved not
only by the consideration Of the chemical
Endemann, but also from consideration OF the tes-
timony OF Dr. Marsh and the other experts who
were examined as to what are the evidences and
effects OF arsenical poison both before ana after
death.
The next question which the jury would have to
determine was, was the poison administered by the
prisoner to the deceased with the premedtated
design to destroy his lifeY Some OF the leading
portions OF the evidence were reCapitulated by His
Honor and, in conclusion, he stated that the
cused was entitled to every reasonable doubt, but
such doubt should neither be imaginary nor sympa-
thetc.
The jury retired to deliberate upon their verdict
at ten minutes to three and. not having agreed
corder directed that they should be kept together
all night.