New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-31
MISS HAMMILL'S MURDER.
THE COUNSEL SUM UP AND THE COURT sUBM


THE COUNSEL SUM UP AND THE COURT SUBMITS
THE CASE TO THE JURY.
The trial of Mrs. Merrigan for the murder OF
Miss Maggie. Hamml continued yesterday In the
Kings County Court Of oyer and Terminer John Doian
was called for the defense, any stated that nc hau
known the defendant for IA or Is years. ana naa
found her ofa mild dispositions her reputation nao oee
irreproachable. Several witnesses were theh oa"o.
who testified TO Mrs MerriGans quiet temperament anu
her good reputation and then the accused saran u
Merrigan was placed upon the stand In her own
Her story was substantially as follows:
She had no recollection Of being in the
ma her father and the police officer had testned; h
heard her father say that he was AFRAID sne woui.
wander off and have no to look after her dld hot
o,orhsr having wandered of was told that she had
had AZ I'm the fail but had remembrance OF such an
occurrence first knew Maggie Hamml at the Ursuine
Boarding School they next met at the convent they
were together great deal after they lett the oonVenV
and we're always the most intimate ana anectioha'o
terms I'D to the hour OF Miss Hammills death; MISS
HammilI had presented her children with handsome
clothes but had never given her any money! abe (wit
ness) and Mrs Knowles had gone over to see Madame
La Rosa had been greatly frightened at the VISIT and
wanted to go into church aud pray Miss Hammi De-
eved in foruneellers, and had spent great deal OF
money on them; gypsy named Bertha came 10 wiz
ness house and told her fortune 1t was done by meas
uring the different parts OF the persons orehead reefs
TEMPLES.
told her about Bertha Maggie had requested her to
go through the performance as the gypsy bad uone;
she had no tape to measure WITH substituted piece
of bed cord The witness then described how the cord
was fastened around Miss Hammills neck, and now
some one had Knocked at the door, Miss Hammill asked
her to excuse not to admit the persons as
they might think them foolsh at the time Maggie was
standing on chair with the cord round her neck ana
over the door, fastened to the knob She went out 10
and
room saw Maggie hanging there with her eyes protrud-
ing; she asked she could help her, and then knelt
down TO pray; she didn't know how she came down on
the floor Thought that she cut the rope had no reco-
lection of how the house got fire the whole thing
seemed like dream to her. she couldn't remember dis
tnctly.
Mrs. Merrigan was crossexamined for two hours but
her story was in the main unshaken Dr. Shepherd was
recalled and testified that during the last illness OF the
defendant she was sick about two weeks. Dr. EDDY
testified that the story OF the accused confirmed nun ID
his previous opinion that Mrs. Merrgan was and Is an
epeptic. Upon his crossexamimnation, he said that
he did not altogether exonerate all eplepcs from moral
responsibility; the witness then defined masked or
obscure epilepsy Dr. Mcdonald recalled. said the te'-
tmopy of defendant also confirmed him In his opinions
regarding epilepsy.
In rebuttal, Mr.. Lowson sworn, and said that he
was an officer attached to the DstrictAttorneys office
he had examined the door, but could not discover any
indentaOn though he went on purpose Tor
Mr. Lewis testified that he also had made thorough
examination Of the door, and could not find the linden
tation; he had examined all the doors, including the
one leading into the bedroom he said he ran his fingers
along the top and side of the door, also along the edge
there are only two that floor OF the house In
which the murder occurred Mrs Ellen Boyan testified
that she formerly lived in North SecOndst., between
Eighth and Ninth sts.; Mrs Merrigan a customer
she had seen drink beer but saw her drink
sufficient quantity to affect her in any DR.. Carey,
recalled was questioned regarding medical feature OF
the case but Gen. Tracy objected and the Court ruled
the question out
This closed the case Court allotted two hours
Gen Tracy delivered eloquent appeal to the jury,
citing very vouminous quotations from recognized nu
tbortes epilepsy. He mentioned In conclusion. the
case OF WalwOrh, who was declared by Dr. Gray upon
mis- trial to victim of epilepsy. The jury, however
knew PETER and brought In verdict Of guilty Subse
facts proved the Doctor correct and the jury
frmed epileptic He cautioned the jury to beware OF
bringing verdict Of guilty in the present case which
was to the evidences OF this terrible disease
AT the conclusion Discretionary Winsl0w SAID mat
all who were connec ed with the case were iatgued
he would like the Court to postpone the summing up OF
the prosecution until this morning. The Court however,
decided to send the TO the jury, and MI Wnssw at
once proceeded - , - $500
into a court OF Justice; that neither OF the medical
xpers proved that the accused had ever been the
victim Of epilepsy; that the acts OF the woman after
Miss Hammil's death were not those or an insane
he claimed verdict for the people upon the evidence
Judge Tappan gave fair and impartial charge to the
Jury and 7:25 p. they retired The jury returned
for Instructions ABOUT IL p No. and Judge lappah READ
again the testimony of Lamb Kipp. Tley were then
sent out and locked up for the night.