New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-03


that be had been secretly married twice. 1t Is true
that We have not been able to prove this second
false names used. Bat do not the wods OF MS
own mouth show motive enough But | ask You
the protection Of the vluous and for the IepIession
Of the evil and wicked. ask for the verdict which
You T. remember the dead. that innocent young girl
who had right TO live many years yet Would 10
into the world with her. forgiven. But ii i too late
We can cnly say in the words Of the great Jehovah
Whose .heddeth mans blood, by man shall his blood
lie she'd
Mr.. Wcllman finished at o'clock. lie spoke
with clearness and in the more impassioncd
parts Of his address was eloquent TO degree
Ills voice was well modulated and his words
were spoken with fine elocuiOnary effect. An
adjournment was then taken for dinner. Court
opened again at twenty-five minutes OF
o'clock. When the roll of the jurors had bceA
called by the clerk Recorder Smyth began his
charge. lie said in part
1t is with profound sense of The Importance Of the
duty which BY law devolyes upon me that proceed
to charge the principles Of law which shall guide you
in your decision. lou were chosen from over hun
counsel for both sides. am therefore certain OF your
intelligence and integrity This case differs from most
governed by the rules which govern them In
the st place you must not be influence Py by Cuisine aa
have regard for nothing else. The question Of punish
for the legislature has prescribed the penalty which
shall follow the commission of any crime 1t Is lght
that YOU should feel sympathy for man charged with
such crime this. but the juror who would allow
his Judgment to be Influenced by any such sentiment
would be unfit for his duty.
will now read You such parts OF the Criminal Code
as VII be nece,;ary u guide you In arriving at your
slaughter and excusable jusfabe homicide Murder
is divided into two degrees, and so * manslaughter
being by another when deliberaOn and premeditaton
exist. When dellberation and premeditaton do not
speaking, the difference between murder and homicide
IS that in the former the slayer intends to XII III,
victim. while in the latter the slay er does not intend
TO inhict death. There Is no claim Of excuSabie OF
lu>tabc homicide In this case, so will not read you
Justice DanfoItI says that in the case Of murder in
the first degree some appecabe time must elapse
uon ot H. but this time need not be long. Ciael Ce
Justice Davis Of the supreme Court Of this state cites
rt gree. there was deliberation and prmedltaton
y pI-on who in the moment OF striking fatal blow
conccvc- the intention to Kill would be guilty OF murder
in the second degree. In that case thep would be
prmcditation or delioeration, although the design
to MI present..
There ue certain facts in this case which are not
d- -putcd In the first place. no one has denied thtt
Helen Pott, the person who died under the cir-
the allegation that she died from morphine poisoning
This it is ncumb Mt upon the prosecution TO prove
beyond the pcrayenuN OF doubt. The defence ha'
denied ms and has introduced testimony 10 sustain IT,
position. The defendant. it /, conceded, had six cap
~uie, containing morphine and qunine put up at n
drug store i'm this city, He gave four of these to the
d,nd woman: he alleges that he did not tamper with
them bn the prosecution declares that he substituted
morphine for the qulnine In one Of them The plysi,
clan, who attended the young woman say she died
eron morphine poisoning Those who made the autopsy
s.y that all the organs We're In a normal condition.
Professor Witthaus made n chemical ANALYSIS OF the
stomach and lutcsncs, and says he fouud traces Of
morphine bat none Of qunine The defence say that
the autopsy and the chemical ANALYSIS wen Imperfect
and that the conclusions drawn from them were worthy
of no absolute confidence
4, for the expert testimony It should be remembered
that Drs. Fowler. Baner and Kerr saw tho symptoms
flsa frK IL
and smith the body and made the autopsy. and
Professor Withan, m3de the analysis himself It !,
greater weight than that of the witnesses for the de-
the other side. Another point is that Of the wit
for the defence could say certainly what did
death.
min-teied the drug, read from treeneafs work on
evidence that there two kinds Of evidence direct
aud indirect or circums antial. lie says that II we
human footprints In the snow reason that some
has passed by. This is,' he declares. circum-
in it. We cannot rely on direct evidence alone. II
you expect to find eve witness 10 every crime you
at once grant immunity 10 criminals
Crcum,tantial evidence + legal evidence and the
jury i, bound 10 regard 1t rs such II all the facts and
circumstances taken together point in direction. and
,he % iYry % mSt I Tcca @ hat as nuc ~ thew Would direct
TIE benefit Of the doubt il the prisoner did administer
first degree only II you decide that he intended to Kill
Man.aurhtcr in the first degree applies only to the
case Of person engaged In committing some felony.
and Therefore can hardly apply to this cosc. The
verdict oi m1nsauchter In tho second degree may be
foini by you. however. ! now leave the in your
hands.
The charge occupied about hour and thrre.
quarters in the delivery. At its end Mr. Jerome
excepted 10 several parts of il. by :35 o'clock
th, jury Lad been locked up. The prisoner sat
cor icr was speaking. Mrs. Harris has been in
constant attendance at the trial, ana v hen the
Jury retired she broke down completely Her
son led her 10 one side. He cooler than the
Recorder, and smiled while chatting with court
officer