Connecticut western news., 1878-05-23

Two women were at my cell door while MT. Scott was showing some gentlemen about the jail. [Oflcer Scott testified that no such thing ever mapped She gave me the letter stamped and sealed. and wanted me to send 1t to my counsel. She asked me If 1t was directed right. I said no, it is ad- dressed Lawyer Herbert Joyner," and al- ways directed mine, ''Herbert c. Joyner." She was
 A RED.HEADED WOMAN
 and said her name was Jane Clark her husbands name was Jack Clark and she said he had sent me silver quarter to re- member him by. have seen the woman ID the court room once since the trial be- gun. The next day after she gave me the letter sent word to MT. Joyner that l wanted to see him, but he didn't come, so l gave the letter to O'Donnell to mail for me. l told Shores about the letter. The letter is not in my handwriting and didn't write it. Ten Eyck was dismissed from the stand without word of cross-examinatiop.
 WHO IS ssJAcK CLARK?
 1t is true that he had a silver quarter with Jack Clark's name on it. He produced it in court. Of course the red-headed Mrs. Clark IS fiction, conjured up for the occa- sion. Probably some sympathizing fellow prisoner gave him the piece. and with that | as basis he invented Mrs. Clark. The de- | tense closed with this, and at o'clock MT. Joyner began his plea.
 THE PLEAS.
 MT JoYner occupied an hour and fifty
 five minutes in his plea, and considering the
 slender thread he had to weave into his fab.
 ric of defense, gave 8 very ingenious, ard
 by no means uninteresting address.
 The address of Attorney General Tram
 was one of the most eloquent ever heard
 in Berkshire County court, presenting the
 evidence in it's order, and exhibiting the
 various points in a clear and torcible man. | ner.
 i It does not seem to us that our readers
 can desire the pleas of counsel reported
 0erbatjno, or even in an abridged form, for
 they are very lengthy. and contain, as it is
 well known pleas always do, simply re
 sume of the testimony which we give ir
 it's regular order above, and give it 0s tes
 timony. The charge of Judge Colt to the jury is indeed an able fort, and this we
 give in full, which we think will be reat
 with great interest, as it contains vas
 amount of information on the various ques tions common to such trials.
 CHARGE OF JUDGE COLT TO THF
 JURY.
 Gentlemen of the Jury: It is plain tha there is very lit le remaining to the Cour
 in the trlal ot this cause. The case ha
 been fully argued, and there is 80 little, il fact no real dispute between the Counse as to the law of the case, that it would b
 proper perhaps to submit the whole case t. your consideration without any remark
 whatever but in trials of this description
 as you know, the law wisely divides the du
 ties which are to be discharged, betwee } the Court and the Jury. It is the duty 0
 the Court to pass upon all questions as the advisibilitY or competency of the ev 5 dence that is afforded at the trlal. It is tn duty of the Court to state to the Jury tn = rules of law and the principles by whic : the case is to be governed in adjudication c 3 the evidence to the case. You are swor 3 to try the case according to the law and tn 5 evidence to you. Tue law you will II ceive from the Court. It is your duty II ) be governed by it as it shall be stated b g the Court. The fact to which the rules (
 | find. You are the proper tribunal to fin F the facls.. The law wisely confines il ]. men chosen from the body of the county n experienced in the common affails of lift l. the determination of all questions of fac and the Court would transgress It's duty = It should undertake in any way, by emph' s sis or denied expression, or intimation ( ] any sort, to convey to your minds tur th ] purpose of influencing them, any idea ( ] how the facts should be decided which al f in issue, one way or the other. The la d applicable to this case. Gentlemen of th n Jury. is very simple. Homicide embract t always within it's definition, many degree t of crime The highest degree IS murder 0 Murder. the purpose of this trial, may '. defined to be taking of the life of any hu G man being by person in sound mint ], within the peace of the Common wealtl e with malice aforethought..'
 g There is no great contention before yo' K Gentlemen, as l understand, but that tt l. appalling crime which was committed c d the 29th of November last, or the 30th, l the case may be. between the hours of fiN d o'clock on the evening of the 29th and sex e en o'clock on the morning of the 30tl y The appalling double homicide that W, 0 committed in the town of Sheffield, Wi p murder. Now the statute law of this Con 1 e A murder in the first degree is declared @ be murder committed with deliberate, pr e meditated malice aforethought in the fir e place, or in the commission or attempt tt commit any crime punishable with deat d or imprisonment for life, or premeditatt d with extreme ferocity or cruelty. It b. 0 three conditions, either one of them s |. tached to the crime of murder, constitut e murder in the first degreee. All other mu d der is murder in the second degree. Al d you are required in rendering your verdi Il in this case, to find, in the first plac l whether the defendant is guilty or not, al d if guilty, whether he is guilty of murder e the first or second degree, and to decla It when you render your verdict in respon to the clerk, whether you find the defen f ant guilty of murder in the first or secor l degree. Nows what is deliberately pro B. meditated makes aforethought. All mu l. der before this provision of the statute I d qulred an element of premeditated mali y aforethought, and the statute adds to tn st element the additional element of preme 't itated malice aforethought. Mere leng /. of time is not necessary element, for d man may be guilty of deliberately preme n tated malice aforethought when he shoots v man upon the instant, passing along u It street with box of money in his hand. 0 is sufficient if sufficient time has elapst D for the formation of 6 deliberate plan ( 7r the part of the murderer. Then it must l. within your province to find that the mu l. der was committed with deliberately pr is meditated mallce aforethought, and yt d may find from the circumstances of u re murder, and the condition in which v le fiud that there was plan in the mulde Q the evidence which you find that there W , plan in the concealment of the murde l You may find there was deliberately pr e meditated murder on the part of the pc k- sons. You may find in the fact that the