The New York herald., 1876-10-19

there sent TO the Pententlary for shooting her
waiter. But perhaps inis would have applied II
both were notorious He hoped u was mol so IN sew
Jersey. He knew that in New Jersey the decaiogue,
lhe common law nd the stau Law were IN force What
Is this woman indicted forY Not for. murder, not 10
settle the merits OF easo between herself anu any
body Else She Is indicted Tor violation OF the law,
for doing thing injurious TO society, ana she IS
charged with being dangerous member oi society ~
not accidental shooting, the weapon used Tor tnat
purpose kept Tor that purpose There was stead
ness OF aim He here explained the crime Of man
slaughter and said u WAS the unlawful killing oil an
other without malice either expressed or implied.
Murder prelneditated aud deliberate crime The
punishment ior mauslaughter IS a hne of $1,000 aud
ten years Imprisonment, or either at the dis
cretion OF the Court The consequences are
no. SO serious as TO deter you from
In mind that this is not accidental killing Il is
clear OF voluntary hoong-not denied but con-
icssed The ann Was 50 deliberate that the victim
moved a foot II was BY no unsettled cyc, by
nervous hand Better shooting had not been done
at Creedmoor II could not have been accurate
The leading question is, Was that killing lawiuwas
II just nabef There is but one defence, and that s
that she did u in iideience--Justlnao!e defence
That very important question for the jury.
Tho Drift OF the argument made br de-
fendants counsel was that the slayer was to
but dd The slayer think SOP No woman ever
shot another without thinking At the time that the VIC
lin deserved to die. On that doctrine you could not
keep society together twenty yiour hours The danger
life be great that the killing must pe OF me-
ccssity Two men were iet noatng IN mid ocean on
a plank and they found 1t too small or too weak 10
bear them up ana one or the other or both must per-
sh when is clear that the other must 60 thai
IS Jnstlabie only because the plank was too small 10
hold both; that Is necessity. must fur.
ther appear tina. she or her son were
seriously menAced wilh bodily harm, and
that both retrcatsd with honest intent 10 avoid
danger. Before you take the lie OF human being
you must be in peril Ifyou can escape without TAX
ing life you bound TO escape and let The life SUR
yive. In visw OF TINS sautary rule OF law, according
NO the evidence was this woman IN great peru oi her
lie? Was her per,lY Was there no escape,
retreat, no means OF saving her boys liieg lfyou
cannot measure this you csnno. rushiuy, IN the eyes
or God and Of the law, save the woman
Is TESTIMONY
There eleven witnesses who testified altogether,
seven Of whom her relations or her dependents
and parlisans But one witness only had any relation
ship the deceased Two others are outsiders, IN
way dependent on her la iookas At Tho story It Is
the parties. mixed up with them. Coffee, 'Cetta
House, ellen Collins and the boy slower are not re-
lated thcr they more exempt from her influence.
Tho evidence of the other witnesses must be scrut
n,zed Tho Attorney General then contcndcd that tho
two Matthews had made terrible picture OF what
/ curred-no witnesses paint the story deep they
do. There death struggle before their eyes and
neither of them opened his mouth or moved to inter-
1 fere. Can you believe thar One of two things Is
true The scene was not as they painted it. or they
/ are OF stone-not a human impulse IN their
bodies heart blood in them, or intellect that
responds to signal Of danger. This story
has been painted IN darker colors tnan nature
presented tit 10 exaggerated He then alluded
10 the elder Matthews having been member
OF the Coroners jury when tho verdict OF w1lIul and
case Of Stokes who killed Fisk selrdeence accord.
ing the story Stokes said Fisk had pistol IN his
hand leveed at himbut nobody ever found tho pistol
that Stokes said he 1t is The same defence aud
1t is gotten up in all the last refuge OF desper-
alton. The story OF House having the pistol in his
pocket told to the Coroner's jury. 1t comes
! with strange suspi:,ousnesa Was this woman mis-
usedY Yes, she was. She had voluntarily consorted
/ with the deceased for six years
HK WAS A BAD MAN
according to ber story How II possible that pure
woman could hvc with such a man without her being
a second edition OF himself II there not harmony
| in spirit she would have flown from this
monster and sought protection from the law.
gave still she had scratch her face or body.
Not witness said there was black or blue spot
eSrred No: nature dom. work that way She stood
| there with all the GOODNESS OF sharpshooter at his
post and quick fash OF lightning she nred the shot
with an aim that was beaten In the world. The
bullet went through the BRAIN. 1t her story truc
you would have found her sick and sore IN bed or all
the persons around at the tme not one moved hand
or foot. How do you account Tor thats 1t was moth
ing more than wordy tight Was there no way OF re-
ingr He then alluded 10 her ''sagy demons.rations
yesterday and the day Of tho shooting and said her
anger had got to boiling point-her pride was
false prctence that she went there 70 protect her son.
No necessity existed for taking lifc In conclusion
he said this hour and day there certain class OF
! womcn-a class not to be namcd-in all parts Of the
Unon watching this verdict with solictude, in order
sence Of their PASSIONS Tho answer is to be gwen by
you TO this community and the world at large
! THE CHARGE
Tho Chief Justice, in his charge. told the jury to
view the facts without passion partality There IL
much In the arouse your mpahy and emotions,
but YOU must administer the law. The present
sion is an appeal to your reason You should listen
exclusively 10 shc suggestions OF your understanding
The question 10 not the assault made on t prisoner
BY the deceased, but is whether she justified in
putting her husband TO DEATH The shooting was ad.
provocaton would have been murder Mansaugh,er
il no exculpaon, Justification. He then explained
the crime OF mansaughtsr Counsel for the defence
mind al the time It was justihable, she should bo ac-
quilted. This was not the rule OF law II she had .
u~hiv that aCus tntap pdoI m
kill ter then II jussiaabls homicide First. the
jury must be satisfied tnat sho had reasonable cause
TO fear great dangers existed her life or her q
life; second that he habtualy carried pisto. II is
not whether outrage had been dono to the woman,
is tho necessity iGr the act, the issue Is ad sns
evidence. No wounds wcrc found on tho prisoner, and
for the jury W investigate whether the story had
been exaggerated. That there was no interference on
the part any present Al the sculc strong
indication that the circumstances OF the case had been
exaggerated. How four five could stand by and
not Interfere no could not The Matthews did
not interfere by word or act-did not arise from
their seats These show that iacts
| been highly coored The condition OF the wound must
bc considered. TWAS in the brain. No one saw the
pistol until she fired Sho never gave any warning.
| bid she fire in anger? The burden OF proof rests
the State and IL there reasonable doubt tho pris-
must get the benefit Oft. 1t Is important that
deal with the case with caro- and deliver an honest
verdict.
| Tho charge lasted hall an hour.
| HOUSE ACQUITTED
At quarter past seven O'Clock the jury came In with
verdlol OF acquutal. fhey we're out nve hours and
twenty-five minutes Crowds OF people waited outside
OF tho Court House until the verdics rendered and
every was on tho tip toe OF excitement
AS soon the news spread that the jury ad
/ agreed, general rush made Tor the room,
| and one halt OF the seats were occupied. As the
jury marched in, guarded by Two cvnstables, solemn
stiffness prevailed Mrs. House and her father
| pied their accustomed seats The former seemed
composed although her face when narrowly scanned
betrayed that there was deep under
current OF anxiety agitstng her mind.
She closely yelled. Her ia.her was nervous and
showed more emotion than the daughter. All eyes
were turned the jury. Chief Justice Bcasley was
seated tho bench. As the jury had flied in
and stood in the presence OF the Court County Clerk
| Moore propoundcd the usual Interrogation
''Gcntcmcn, how say your Have you agreed upon
| verdctf"
| 1--WE have" answered Foreman Paxson.
Is the prisoner al the bar guilty not guilty OF the
| Indictment chargedyn
eve nnd the prisoner not guilty." was the clear
sponse.
Tho announcement received with vocifcrous ap-