Year: 1870

In tho Kings County Court OF Oyer and Terminer
yesterday morning the case OF william Chambers,
the murderer OF Dominicus s. voorhees,, came up on
the application to nave day fixed for the trial.
There was large concourse OF spectators In the
court room, including many friends OF the murdered
man, and an intense interest was manifested in the
proceedings


Mr. william r. Howe, OF counsel for the prisoner,
and asked that the trial OF tue should be
set down for tie third Monday or the third Wednes-
day of April next. lie said that the case was
one OF considerable importance and had created
great deal OF excitement and In support OF his ap-
plicaLion he read AFFIDAVIT OF Mr.. Charles Spen-
Ger with whom he is associated In the defence or
the prisonsrl, IN which deponent sets forth that
rom conversation with the prisoner he (deponenU
was OF the opinion that Chambers was too feeble,
from whatever cause to be OF essential service to
his counsel In the preparation OF the case. Depo-
nent was informed and believed that the mother OF
the prisoner died in unatic asylum In Ireland her.
self being lunauc. Prior to the birth OF the pris-
oner she had an attack OF insanity. sir. Howe here
stated that he had been informed that the
woman was confined while IN the asyum.)
The afIidavt further seIs forth that counsel
intend TO send commissioner TO Ireland for the
proof OF these facts, ana to obtain this testimony
live or SIX weeks would be required at the least.
There were other witnesses IN washington ana
Philadelphia whose testimony would be necessary
to take by commission, as the prisoner was poor and
could not meet the expense OF bringing them 10 the
city. The defence would be that OF insanity, and
very long and careful study and preparation would
be required by couns& 10 properly present their
case.


Judge Gilbert remarked that the afidavit was
merely upon information ana belief. Those persons
who gave the information to Mr. Spencer would be
the proper persons testify 10 the facts they knew.


Mr.. Howe stated that the Information as TO the
lunatlc asylum was given by the prisoner himself.


After some further discussion,


Mr.. Spencer spoke in support or the application.
lie sad that II Chambers, mud was clear there
nent suggestions OF the Court. The delay that was
asked for III this case was until the third Wednesday
OF Apri, which he preferred to the third Monday as
twoud give him two more days and enable him TO
spend more time over the case or McFarland whose
trial commenced on the rrsJ Monday The defence
In the case OF Chambers, he continued would Ye
that OF Insanity. There would be no dispute as to
the homicide, or as to the party by whom 1t was
committed. The only question would be whether this
person was in the possession OF reason at the time
and could distinguish between right and wrong.
Irrespective OF any other consideration no counsel
ought TO enter upon the trial OF case OF this i'm
portance involving the life OF q human being and
taking into consideration the circumstances sur
rounding II. without grave ana studied preparation.
This question OF INSANITY was complex aud difficult.
In the discharge OF the ordinary duties Of counsel
all time could not be gwen to one case and he
therefore asked for time IN order to properly prepare
his defence. II this application were granted his
associate and himself would consult together ana
would facilitate matters as fast as possible. The
application was not made because OF any objection
to the Court sitting this term There was no gentle
man the bench OF the Supreme Court that he
would sooner try the case before than his Honor
Judge Gilbert. He was very proud TO be able to
say that he had entire confidence In the learning and
integrity OF ALL


Judge Gilbert thought that q reasonable opportu-
nifty should be given for tue preparation Of the de-
fcnce


District Attorney Morris-So far as my own belief
is concerned, l believe that the insanity Is a mere
pretexE on the part OF the prisoner have not the
slightest foitn in IT myself still don't feel like
urging any case or cases on unnecessarily.


Mr.. Howe remarked that they were not prepared
to swear thnt the prisoner was in condition which
untitled MIN for being placed on trial. The affidavt
set forth that he feeble and his nina was weak,
ana the beer Inat he could not distinguish
right from wrong.


Some 1urther discussion ensued, Mr.. Spencer
assuring The Court thar there would be uuneces-
sary delay in the preparation OF the case.


Judge Gllbert granted the application and set
the trial down for the third Wednesday OF April,