New-York tribune., 1880-02-19
TIE PROCEEDMGs IN COURT.

There was 4 lai ge CrOWd III Jne cOlIluOIs vi lIc
Cout General Sessions yesterday mornngawaitng the
opening The Court, and when the doors were thrown
open every scat IN the rapidly found an occupant
Many persons were Obliged to stand Tue Court officers
had received instructions not TO ad more persons tbah
The would accouno 1atc ami the result was that
many WOO haG hoped 70 be present were disappointed
The space reserved for women fully occupied. Mr.
Cowley looked aIxous and cUewOrn. but he spoke
ht,le 10 any one. lir Brooke aud number Of jnror
counsel were ptesen,. bat Judge FaeriQn was not
he hes ansented himself since Monday. When the
Recorder lesan bs charge the doors OF he room were
locked and no one was admitted antil lie had con-
cludcd.
Mr. Brooke made several quests TO charge. some OF
which The Court complied with and refused others.
IHE REcOBDER's CHARGE.
Recorder smith addressed tur jury toows
GENUEvFy or TIE JURY; The statute undr which
the defendant indicted follows: Whoever
nayiug the care or custody Of child shall wilfulJ
canso or ierlni ,e such child 10 DO endangered
or c health Of such child o De injured or who shall
wifuly permit such child 20 be placed in such
q situation that It's hfc may lc endangered or
rs health shall be likely to be irGhrod, shall be
guilty OF uisicincauor." Tho indictment chBrges III
tn first count tlat the prisoner wifuly caused ard
permitted ,ho health of cud be- injured by neglect
ing to provide 10 with BLol's'mc and sufficient food.
and III TIE second with ncs,cting 10 provide IL
with proper medical nttcntiun.
Before proc to the cons Iteration Of the case It
proper Tor say that tis Las got to be decr
mined so'cy the evidence aud you not to be in
huencod hy ANYTHING published sdid heard ~ conyer-
SAT- To 50 beyond and permit vour-
selves 20 be Influenced BY anything except the
evidence would DC TO violate your Oaths. Before yOu
convict the prisoner she pT0sccuton must have
tablsacd by COMPETENT your entire satisfac
iion. and beyond rca.o.ab :oubt, that tho prisoner
had the custody Of Louis Victor and that he
Ntfully caused permitted health such child
be injured.
Fom the evidence it appears thai The defendant FOR
some time prior 10 Decs mb 26 was the manager 10
charc OF Tho Shepherds Fold The obj cts of that soc
cty. according To- us charter are the receiving and
adopting u children of both srxc. between the OF
twelve months aud htcen years, VINO are orphans. hall
orphans. Otherwise lrendcss; these to keep, sup
port and cdncHte. apprentice and place Out TO service
irfGrs and schools, Also TO receive su ID clhd.cr OF
poor clergy men training aud education who may be
deemed eligible, aud who shall hn appointed by The
trustees OF The shcphc.'s Fold. and to receive other
children aud youth for education and training
IN extent as the jndgmcn. II the trustees may be-
cTpcdicut
TRrATMFNT ~ louis VICTOR.
II appears that January %. 1875 the prisoner
ceivcd Llu,, Victor from ms father. and thereupou
undertook tue carc ana custody sueh c'ld and that
such care aud custody Continued until December %
last II also appears by the evidence that tho child ap
pearod to state OF perfect health, very plump,
hyeiy, happy and stout.
Dr Rcdlon describes his condition when he received
him from Mrs CoNley at ~ Luke's Hospitals He was
very much cmacItcd about the head. arms and body.
lie was simply ,kln aud Lone there were signs OF
any fat or muscular development aOOut the thighs.
legs and feet Ills condition WAS simply and wholly
To- improper food want of sufficient quantity OF food
stnrvutiOn. IN other words"
II the testimony Dr. Rcdou true and You believe
it tho nr.t qur.on your determination viii be by
n
bee 90 asdcscriDcd by Dr Redrn. cus,d.and by whom
Was d caused by the prisoner during the time he had
the car, cnstudy NJ the childf Was u caused by
the administration OF muulrtlous aud Insufficient food.
or want Of and proper medical attendance.
or by both
Upon questions you alone TO be the ia lges.
You have heard the evidence or tho witnesses pro
duccd by the proseoutlon part the defond
AMI Is for you determine between the conflicting
stnfcmrnts first 20 the quality aud quantity of food
amulscro the defendant 10 the boy whether II
sufficient IN quantity and quality, and then aid the food
produce tn result described by Dr. Redion. II you ind
upon questions either Of them. In favor Of the
prisoner, you will then proceed TO examine the eyi-
drnce and ascertain whether the result complained OF
was caused by a OF sufficient reasonable medical
ard and And upon tbs point you have the
evidence OF tho physician employed by tho prisoner.
II appears from the evidence OF DR.. Haws that the
child was brought To bin in July. 1879. when he pre-
not see the child until the following October. One
OF the questions Tor you determine Ia whether
child had proper medical treatment between those dates
II further appears that from October until December 90
DO had no medical attendance whatever and is Tor
you to determine whether his condition required 1t.
II claimed tho part Of the prosecution that the
food Furnished insufficient IN quantity and unh In
qua ty tor tho child and that his condition resulted
hcrefrom II also claimed that the child required
medical attention which the prisoner failed To poyde
Tho defendant claims 10 establish tha; no did
furnish sufficient wholesome and nutritious food for the
use OF the child and that he also provided tho
snry medical attendance which ma condition required,
and which his means permitted. Both he and
his wife claim that they did all they pos
siby could do TO preserve and protect the
chd's life. You have right 10 consider
their evidence aud weigh It against the testimony of
the prosecution. which. In many Instances, Is directly
opposite. You must find which has told the truth and
who described the condition OF affairs In the institu
uon You have also to take into consideration. In
at conclusion as TO the amount OF credit to give
the witncssesthe in which they gave their tes
tmuny thcir situation, the youth OF the children and
all the facts and surrounding circumstances.
TUE LAW THE CASE.
do not deem IL 40 greater 9Th into
the facts than have done. have neither INCLINATION
nor legal right do except 80 rs is necessary TO
lay down the Jaw. 1 have no desire TO say anything.
nor do intend to- when Will influence you way or
the Other. / charge you ns matters OF law,
Tjrs-That n defendant received Louis Victor into his
cnr, ana custody law imposed him The
furnishing such reasonable proper food, clothing,
and, nedicol attcntlaures as was roasonihv pecessnrv
aud proper TO prevent hi- life being endangered MS
health bciug injured, ana hat " n" wiliully that in
tntonnlIv NEGLECTED 10 do So and the life OF the child
was thereby endangered, ms heath injured, he Is
guilty Of the offence charged IN the TWO rst counts of
tn Indie meut.
Sccond-rEat n the defendant during the he had
the care and custody Of Lous Victor dd have he
means necessary TO provide Inaby proper medical
care ana attention, food ana uruTlshment To said child
80 prevent his life beng end fingered his health
beng rd t MS duty apply % the proper pub
lie authorities for such public assistance and relief
The premises tO prevent the life OF said
child being endangered ais health injured aud n the
prisoner wlifuy neglected 50 10 do and the chllds
life Was thereby endangered MS hcalth injured. he IL