New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-18
CLOSING EVENTS OF THE TRIAL.

CiOSlNG ENENlN VI InE hihL'
More interest was manifested in the trial
Yesterday than on any previous day of the week The
courtroom was well filled particularly late in the ate
noon when Dstrict-A ttorney Phelps was summing IN
for the prosecution, and while Judge Co"lhs
was charging the jury. The prisoner wore MS
habtual Indifferent air even when the Jur!
left their seats TO deliberate as 10 whether
he WAS guilty murder in the first degree He received
the sentence Of death without movinga muscle, although
his copper-coored face seemed be somewhat paler
than before tue jury retired There many negroes
in the courtroom and they divided their attention De-
tween the prisoner and the counsel IL was well kho"h
that the evidence for the defence be submitted
on the assembling OF the court, and that in all prODd
biity the case would be summed up and would
co TO the Jury before night, so that spec
ulatlon was rife TO the probable Neruie1
Oaly two witnesses were called by the defence ana the
DsricAttorney restricted himself to one on the reouI
tai Daring the middle OF the afternoon The heat was
somewhat oppressive but the cool fresh air that the
most OF the time blew into the open windows afforded
delightful contrast the atmosphere OF the day before
when the Court was opened Mr.. Howe renewed his
motion of the previous day. that the jury be directed TO
acquit the prisoner the ground that the cause OF
death had proved ana that it could not be IN
ferred The motion denied, and an exception was
taken
CLOSE OF THE TESTIMONY.
Dr. Peter H. Vaudcrweyde, the first witness for The
defence testified that he had made specially OF cases
asked "A Hypothetical question by Mr. Howe, in which
the theory OF the defence brought out In detail
suppose that a woman about slxty-three years DID,
plethoric weighing nearly 200 pounds, was awakened
in the night by seeing colored man IN
the room; that he pnioned her arms ana
placed hand her mouth to prevent her from
crying that as he was going away he heard her
sigh that four hours later the unconscious woman was
found and that her body cOld at Ter hands were
somewhat dscoored, but ihat there were no Signs OF
stTanguaiOn that the BODY was then lbaceu on ice
W SHS 'l held a. mat when the body was seen
in the morning drop OF liquid pio9u
body was found at the autopsy to be in a
fluid state; that no evidence WAS gwen c 10
state Of facts could physician ascrlDe inc cause OIL
6e3th Nun HpSgu t aGTacH or heart disease might
have resulted from such state OF facts Inc woman
crosse animation and asked many amusing questions
based strange hypothesis. The witness sald ne re-
oevrd circu ar from Sir. Howe which induced him TO
come forward a witness He first said there was one
chance in 100, but he aerward changed II to one IN
life when she was discovered lie admitted nanswer 70
% question from Mr.. Rollins that true DEATH"
animation; the manner in which the question
was asked and answered causing GonSdefasni PIE
to tGe possibility OF reviy1g people apparently dead
apoplexy The defence rested its with tins wit
and Dr. Thomas c. Fnnel was called by the prose
Dr. Fnne, who assisted DR.. Mae wbinnie in the post
mortem examination OF Mrs. HUH ana VINO was the
ception of her lungs which were a hitle congested
condition.. The exact of death could not be de-
termued from the autopsy she might have died from
suOeaion. The Court then took recess OF forty min
utes
MR.. HOwE's ARGUMENT.
few minutes before o'clock Judge Cowing entered
the courtroom and Mr. Howe began to sum up for the
defence. spoke for hour and half in earnest
manner He began by dwelling the duty OF advo-
cate TO his client "A long experience" said he has
taught that revolving, shocking circumstances
in connection with murder excite a prejudice
aud a passion against a prisoner that l hope
the members of this jury have put ont of
Their minds There stands before you. gentlemen of
the iury man who admits the felony of stealing Mrs.
HulPs 1ewelry. THIS confession OF his fear has
meated the mind OF each OF you Inc man admits that
he tied dead woman to the bed with the sole
pose Pluuder He had DO design on her life This
always by him. and the Court will tell you That, If
YOU receive any OF bis confession evidence. you
must receive il all The prisoner applied restOra-
tiyes IN order to revive the wOman-cOnclusiye
proof mat there was evil intent in his mind In
order carry ms original intent 10 rob and not
eyeds If no had done her unintentlonal injury.
HIS astounding cOmposure at the time OF his arrest
during ms Imprisonment anu through TINS tilal mas
caused misgyngs III my mnd as TO MS resi- onsi-
brayadO OF a rufian, not with vanity even.
And THIS reminds that my learned friend has said
jewery which he had stolen TOR tuat purpose and that
VANITY gave nim the appearance he now wears. God
crime with that motive. fear that the revolving de
tails Of the confession will warp your Judgment On the
you divert your minds OF prejudice you
strange tins man the scafOld.
I6e ease tnen Is reduced to the following cODsidera
tions Tne question Is, Did the prisoner kill Mrs
felony There is no evidence that he Killed Mrs
Hull-this is the real point. The evidence OF
DR.. Finnell the last witness for the prosecution
was that the cause OF death could not be detn
itey determined, and that the woman might
-mgat. say, not dd-haye died from fright, ia which
the Judge will charge you tnat VOC may bring IN
believe the prisoner intended TO kil Mrs Hui He had
every opportunity kill her. and yet he tried ~
her. have never before known murder case where
the OF death not proved by the prosecution
denly. But you can't convict probability.
You can understand from his evidence why he
DstrctAttOrncy wishes you TO Of death
from fact OF the tying You remember the wretched
money to XIII Mrs. Hui. You remember how strong a
onsn Oh a., & Hill as Sp t around tne
took Cox Boston oeen wrecked the learned District
AND might he telling you that At times u II
was perfectly safe TO convict on purely crcum
that there is lingering doubt in your minds
whether Mrs Hull was really dead when she found,
and do not allow the circUmstanual evidence in this
case warp your Judgment"
DIsTMCI-AIToRNEY PHELPss ARGUMENT.
During Mr.. Howe's argument, which long and ex-
baustiye, COX eyed him ateDtiyey and seemed deeply
interested points his counsel brought out Dis
tIictAtorney Phelps, who the first has given the
details OF the his most careful attention
and has been interchangeable in his efforts to
clear up the mystery, began the summing up
for the prosecution. He spoke exactly hour, pciur-
ing TO the Jury the horrible aspects of the murder in
vivid colors lie dwelt particularly that portion OF
his argument IN which he sought TO prove that Cox
went TO the with The deliberate intent OF dong
violence TO any who might oppose him, aud brought
lis points strongly before the jury.
lin a case 50 clear said Mr. Phelps, upon proof
convincing, and when the defence has failed 10
establish what 1t attempted establish, 1t is
almost unnecessary for detaia you gentlemen OF
The Jury for Yet may help you TO arrive at
a decision You are here 10 investigate great crime
the greatest crime recognized by law, aud crime
IL.