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Newport Daily News (Newport, Rhode
Island) Friday, August 28, 1846 Special
Report Trial of Miss Julia Donnally Supreme Court
August Term Friday Morning, August 28th, 1846 State vs.
Julia Donnally Charged with concealing the birth of a female bastard
child. Present, Hon. Levi Haile, Hon. Wm. R.
Staples, Hon. Geo. A. Brayton The chief Justice did not sit in this
case. For the State, Joseph M. Blake, Esq., Attorney
General For the Prisoner, Dutee J. Pearce and George Turner,
Esquires. The Court met at 9 o’clock. The prisoner was
brought in by the Sheriff, and having previously been arraigned, and
pleaded not guilty, she still persisted in her former
plea. The following Jury was then chosen to try the case,
viz: Job H. Lawton, Foreman; George E. Vernon, William A. Jack,
Benjamin C. Sherman, William Almy, Andrew T. Potter, Eliphaz Barker,
George W. Peckham, Joshua Coggershall, Jonathan Wilbur, Nathaniel
Gifford. The Attorney General arose and read the Indictment,
which was as follows Newport, ss: At the Supreme Court of the State
of Rhode Island and Providence Plantations, holden at Newport, within and
for the County of Newport, on the Fourth Monday of August, in the year of
our Lord, One Thousand Eight Hundred and
Forty-six: The Grand
Jurors of the State of Rhode Island and Providence Plantations, in and for
the body of the County of Newport, upon their oaths present, that Julia
Donnally, Cormorant in Newport, in the aforesaid County of Newport,
Spinster, on the twenty-fourth day of May, in the year of our Lord, one
thousand eight hundred and forty-six, at Tiverton, in the aforesaid County
of Newport, being then and there pregnant with a female bastard child, did
bring forth the said child of the body of her, the said Julia Donnally,
and was then and there willingly delivered thereof; which said child so
being born and so being the issue of the body of the said Julia Donnally,
if it were born alive, was a bastard, and that she, the said Julie Donnaly
did then and there conceal the birth of the said child, the said issue of
her body so that it might not be known whether the said child was born
alive or dead. -Against the form of the Statute in such case made and
provided and against the peace and dignity of the State. And the Jurors
aforesaid, upon their oaths foresaid, do further present that the said
Julia Donnally, at Tiverton aforesaid, in the aforesaid County of Newport,
on the twenty-fourth day of May, in the year of our Lord, one thousand
eight hundred and forty-six, being then and there pregnant with a female
child, which, were it born alive, was a bastard, was then and there
willingly delivered in secret, by herself, of the said female child, the
issue of her body, so that it might and may not be known, whether the said
female child was born dead or alive – against the form of the Statute in
such case made and provided, and against the peace and dignity of the
State. Preferred by Joseph M. Blake, Attorney General A
true Bill Henry Lawton, Foreman; Benjamin Wyatt, Hicks Cornell, Cook
Borden, David Fish, William B. Sherman, John H. Stoddard, Thomas C.
Wilbour, Borden Brayton, Jr., Edward King, Joseph Sherman, Cornelius
Brownell, Thurston H. Lake Mr. Blake briefly stated the case to the
Jury, showing what the law was and what he expected to prove; he then
called the following witnesses. Catharine Donnally sworn. –
Am the sister of Julia Donnally; been in this country eight months, sister
been here some time; came from New York; was never married, neither was
Julia. Cross Examination – Came to Fall River from New York
and went into the White Mill; sister and brother went into the same
Factory; Julia did not remain there long; Julia boarded at Charles Corr’s
until she went to Judge Dufee’s to live; she got eight dollars a month at
the Factory; lived in Queen’s County in Ireland; did not live in the same
house with her there, but used to see her every Sunday; from the time she
left Ireland until she went to Judge Durfee’s to live, I was with her all
the time; never discovered her pregnancy; think I should if she had been
in that state; no young man kept company with her or courted her, either
in Ireland or this country. Direct. – Julia lived with Mr.
Delany before she came to this country; he kept a cloth shop and had
apprentices who boarded with him; she lived there about three quarters of
a year. Thomas Brown, sworn. – Live in Tiverton; found a baby
down by the fishing rocks, about the time Julia was taken up; the child
was naked, between the rocks on the shore; I took a stick and moved the
rock-weed off; its head only was out of the water; Isaac was with me; he
then went up to Job’s (he meant Judge Durfee’s) went down again and Mr.
Field came down, but we did not move the child until he
came. Cross – Live with my mother, had been off in a boat
fishing that day; went fishing in the morning; I discovered the child
first and told Isaac. Isaac Brown, sworn. – Was on the shore
with Thomas; came up in the boat and said he had found something; went up
and saw the child on the rocks, partly in the water; it was naked; Thomas
went up to Judge Durfee’s and then went for Mr. Field; was there when the
Jury came. Cross – It was early in the morning, pretty near 9
o’clock I guess; Mr. Field came down with Thomas, in about a quarter of an
hour; the tide was rising and the wind was South; there was something of a
swell on the shore. Benjamin Field, sworn. – Thomas Brown
called on me, on Tuesday, June 2d, between 8 and 10 o’clock in the morning
and said he had found a child on Judge Durfee’s shore; went down and found
the child on the rocks, nearly covered with rock-weed; I went and told
Mrs. Durfee and she thought something ought to be done about it; went
after the Jury and returned at 1 o’clock; the child had drifted a few feet
from where it first was; it was a full grown female child; I helped bury
it the same day after the Inquest was over; the wind had been from the
East for several days previous; the child could not have drifted there
with the wind; it was bruised when first found; the navel string was a
foot long and had not been cut or tied. Cross. – Live near
Judge Durfee’s, the adjoining farm; Judge Durfee’s house is about 100 rods
from the rocks where the child was found; the pond is about the same
distance; not acquainted with the setting of the tides in the
river. Andrew Williston, sworn. – Was one of the Coroner’s
Inquest; found the child down by the fishing rocks; was there a day or two
afterwards and found a piece of brown Circassia, part of a ladies dress,
on the shore, near where the child was found; saw a ladies dress of the
same material at the Court of examination; found it between high and low
water mark; this (holding up the article, the skirt of a dress) is the
article found; carried it up to the house and laid it on the ground at
Judge Durfee’s; went down to see if I could not discover something of the
kind on the shore, supposing there might be something, if the child was
placed there by anyone. We found the child on its back on the rocks; it
was high tide. The finger nails on one hand were full grown; the
back was somewhat discolored at the time the inquest was held. The
nails on the other hand had started some. Cross. – This looks
like the same article I found on the shore; I left it with George Howland.
I left it first at Judge Durfee’s on the ground all night and it was
rained upon. When the Court was held went to look for it and the boy
said it was in the house, the folks wanted to see it. Found this
either Thursday or Friday after the Inquest; went down there unbeknown to
anyone; can’t tell why I went along; had no conversation with anyone as to
my going there at any time. Never told anyone of the importance of
finding some garment of this kind as I recollect. Think George
Howland put the garment into Julia’s truck. Live about 4 miles from
the Stone Bridge; and work for Judge Durfee. The dress was found ten or
fifteen paces from where the child was first discovered. Frequently
saw Julia before this happened; she wore an ordinary dress and a small
shawl. She did all the work; there was about 12 in family. Saw
a cape at Judge Durfee’s that corresponded with the skirt; this is the
cape. Charles Durfee, sworn. – Was Coroner at the Inquest on
the child; it was found on the rocks; after it had been out of the water a
short time, it became discolored and was very offensive; it appeared to
have been in the water from 5 to 7 days. Do not recollect any
general discoloration of the body when it was first found; the nails on
one hand had started a little; the navel string was a foot or more in
length. The body had a bloated appearance; the limbs were rather
small; the face was a little distorted and the eyes somewhat protruded;
the hair was falling off from the head. Cross. – I suppose it
had been in the water the length of time stated, from the general
decomposing state of the body; this, however is a mere matter of
opinion. I have officiated as Coroner before on persons who were
drowned. I have never examined books, particularly on the subject of
decomposition; think dead bodies in the warm season would be preserved
longer in salt water; do not think a small quantity of salt water as a
general thing is sufficiently strong to preserve a body; a little salt
would rather tend to aid decomposition. The channel runs along the
shore by Judge Durfee’s. Judith Durfee, sworn – Julia
Donnally came to live with us about the first of May; never saw her before
that time. After being there three weeks, she was taken sick on Friday
nigh; observed somethin was the matter with her in the morning. Said
she was not sick but did not feel very well; put some cream into the churn
and told her to work, said she could not and I told her to go to her room;
she did so; I afterwards went to her room and found the door f fastened;
she opened it and I conversed with her; she said it was a common female
complaint but that there had been a suspension of the natural course of
nature for five months. Said she had had one such turn in her own
country once before; she did not leave her room on Saturday but on Sunday
she was up and about her work; said she was better, but she was pale and
faint. I gave her something to take and she soon recovered and came to the
breakfast table. She was in her room most of the daay but think she
was out some part of it. On Monday, she came down and appreared
ready to go to work; I told her not to work if she was not well; she did
not do much that day but on Tuesday she was about as usual and on
Wednesday she assisted in the washing the same as formerly. Saw the skirt
that Willisotn brought up; after he found it I went to her room and found
this cape behind her bed; never saw either of them before, however.
She did nto appear as well after this, was pale and seemed weak; it was on
Tuesday following the day she washed that the child was found. I
found her up on Sunday when I arose; this was an unusual circumstance as I
always had to call her. The cape was rather wet, as if the floor had
been wiped up with it. I noticed stains upon her under
garmetn; the dress around her breast appeared as if it had been wet and
dried again; I noticed her breast on Friday after whe were sick, it was
very ful and appeared like a married woman’s, who had been confined.
After her arrest, examined her trunk and the paper on the bottom was torn
off and appeared as if it had been wet; there was a disagreeable smell
about it; there was a small roll of flannel in the trunk and in it
was an unfinished child’s dress. Found some of the paper out
under the window. Cross. – She brought this trunk when she
came to our house; there was a dark stain on the paper when I found it;
there was blood on a pair of stockings and ther were spots on the sheets
but nothing more than I should expect from the state she represented
herself to be in; the trunk was not locked when I opened it. Never
discovered any appearance of pregnancy in Julia while she was with me; the
smell from the trunk was very unpleasant. She was dressed in a
female’s ordinary apparel. She was as strong as a woman of her size
and performed her usual work. My daughter slept in the next room,
which was separated by a thin wood partition. Direct – During
the sickness there was an unpleasant smell in her room; we spoke about it
and the Friday previous to the child’s being fouen, she told my daughter
that whe would clearn her room thoroughly and asked her to give her some
newspapers to put in the bottom of her trunk. Julia’s clothes were
not marked to my knowledge. Julia Durfee, sworn. – Am the
daughter of Judge Durfee; previous to Julia Donnally’s sickness I thought
her form unnaturally large; she appeared to breathe heavily. I
mentioned his to my sister and said I thought she must be diseased.
I went away on a visit the Sunday she was sick and was absent two or three
days; when I returned she appeared smaller. Saw her go and wet a
cloth and directly after saw her trunk on the roof of the porch; it was
opened and remained there about fifteen minutes – this was after the child
was found but before the arrest. Cross. – At the time she was
sick, I slept directly under her room; her apparel was that of an ordinary
female at work. Had it not been for those after circumstances, I
should not probably have thought of her appearance again, as it made no
impression on my mind. Never saw this dress that was found on the shore
before this transaction; have been in her room and seen her dresses as
they were hanging about. Mary Durfee, sworn. – I lived at my
father’s house during the sickness of Julia Donnally; was at her room
during the time. She was taken sick on Friday and I went there to
carry her drink and medicine; before her sickness, found her door fastened
several times during the day time. On the Friday night of her
sickness, I heard several groans form the direction of her room; they were
unusual and I thought of getting up but they ceased and I went to sleep
again; I mentioned this to my mother in the morning; I slept in the next
room to the prisoner. Cross – My younger sister, Sarah, slept
with me. The groans were very loud and distinct, I heard no words.
Her bed is at the head of the stairs; the workmen slept at the oppostie
side of the stairs. The groans continued for about five
minutes. Sarah Borden, sworn – Was at Judge Durfee’s the day
following Julia’s arrest. I examined her trunk at Mrs. Durfee’s
request; she suspected Julia nad wished some one, besides herself to see
the condition of her trunk. The paper was torn off and the trunk was
somewhat stained. This calico dress I found there; it had been
enlarged in the waist and the strings had been lengthened. There was a
rool of flannel in the trunk and a part of it was made into a dress for a
child, about two years old; the dress was in an unfinished state; it was
old flannel. Saw Julia twice before she went to Judge Durfee’s. She
came to my house; I told her that it was a very lonely place and thought
she would not like it, but she said she was ired of working in the Factory
and appeared entirely satisfied with the description I gave her of Judge
Durfee’s. Cross – The dress might have been sewed up to avoid
the hooks but it need not necessariy have been enlarged for that
purpose. Noticed some slight milk stains on the inside of the calico
dress after she was arrested. The dress might have been enlarged to
render her situation about house in her ordinary work more
comforatable. Thomas J. Hall, sworn. – Live at Judge
Durfee’s; slept in the kitchen chamber; it was near Julia
Donnally’s. Either Saturday or Sunday night, heard a noise which I thought
was a child crying; soon after, heard someone going down
stairs. Cross – next night after I heard the noise, I
mentioned the circumstances to Mr. Williston and told him that I thought
it was a child or a cat and could not tell which. Don’t know who it
was that went down stairs or where they went or whether they came back or
not. Don’t know wheterh or not my door was open; can’t tell what
time it was; had been asleep and think the noise aroused me. I heard
this noise and then heard soomething go down stairs immediatley after;
don’t’ know whether it was dark or not; can’t tell how long it was before
I went to sleep again; think not more than five
minutes. Andrew Williston recalled – I slept in the same room
with Hull, at the time Julia was sick; there was a ventilator over my door
which led into the entry. I was nto there Saturday or Sunday nights;
when I returned he said, when we went up stairs to bed. “I wonder if
I shall hear that sound again.” Said I, what sound; he said “why I
thought I heard a baby cry last night and then some oen went down
stairs.” He said it might have been a cat, but he thought it was a
little baby. Dr Samuel West, Sworn – From what I have heard,
have no doubt that a woman might be in a state of pregnancy and be
delivered without its being discovered in her appearance; I hav never had
such cases in my practice or experience, but I have often heard of them
and I have no doubt such things are possible. I did not see the
child, but I think the body might be immersed in water at 40 or 45
degrees, and be tolerably well preserved for several days. If a
woman had been confined, milk would almost necessarily flow from her
breast, directly after. NO doubt but that pregnancy may be concealed
up to the time of delivery. Cross – Been in practice about 15
years, am Judge Durfee’s family physician; saw Julia Donnally and only
noticed that she was large and well developed woman; did not discover that
she was in a pregnant state; saw nothing unnatural in her
appearance. Females frequently have obstructions in their
menstruation; sometimes it is checked for a very long time. Some kinds of
employment, such as exposure to dampness will derange the order of nature
in them; every book tells of instances of a discharge of serum from the
breast where the persons were not mothers, or in a state of
pregnancy. During gestation these courses are generally obstructed
but not always, ordinarily suppression would not affect the breathing, I
should think. The prisoner might conceal pregnancy from ordinary
inspection; we can generally discover it four months before
delivery. After birth, there are appearances about the mother that
we can readily observe from ten days to three weeks; should think a woman
like the prisoner might conceal her pregnancy and all subsequent
appearance, if a suspicious eye was not upon her. In my experience,
have never known the pains of childbirth to be over in five minutes; and
should not expect it, particularly in a case of first delivery. Have read
in the books of cases of virgins having given milk and nursed children;
they also speak of men’s giving milk. Dr. James V. Turner,
sworn – Heard a part of the testimony in this case. A woman may be
pregnant and conceal it up to the time of delivery; know several instances
where it was not known by those who were living in the same family.
A stranger of course, might conceal it more easily than one who had long
been known by those around her. Within a fortnight or even a month,
we could easily tell whether or not a woman had been a mother; after the
lapse of three months, it would be very difficult and perhaps almost
impossible to tell. Exposure to cold generally obstructs the course
of menstruation; after resumption of these discharges, there may be an
offensive smell from it. There might also be indisposition attenuate
upon such a resumption. When a young woman has been confined for the first
time, there would very generally be after circumstances and appearance
that would be observed. All these things would not take place within
five minutes. Five hours would not be an usual time to expect the
after-birth. A discharge of milk from the breast is not conclusive
existence that pregnancy has been passed through. After pregnancy
when a child is not nursed, the breast very often cakes over or becomes
broken in four or five days; if this did not occur, it would dry in the
course of time, but probably not in less than a month. Asa
Gray, sworn – Was the Magistrate before whom the prisoner was examined; an
offer was made to her at the time to be examined by Dr. West and if it
appeared that she had not been pregnant, she would be discharged. She was
also told that if she did not submit to this examination, she would be
subjected to all the inferences that would be drawn from the refusal. She
declined to be examined. The Court adjourned to 3
o’clock. Friday afternoon. The Court met at 3
o’clock, pursuant to adjournment. The Prisoner was brought
into Court by the Sheriff. The Attorney General here stated
that all the testimony for the Government was in, unless it might be
necessary to offer some to rebut that produced by the Prisoner. George
Turner, Esq., then opened the case in defense of the Prisoner. He said
that the jury were as well aware of the novelty of the case before them as
he himself was. He spoke of the lone and destitute situation of the
young lady and being ignorant of our institutions; and having been
assigned by the Court as Counsel for the Prisoner, it was his duty to do
all in his power to see that she had a fair and impartial trial. She
came here entirely unprepared to defend herself and the testimony that he
should offer would be such as he had been able to collect since he had
been called upon to defend her. Without further remark, he would
proceed to call the witnesses for the Prisoner. Catharine
Donnally, recalled – Am acquainted with the nature of my sister’s wardrobe
and know that clothing she possessed. I never saw this skirt and
cape until the Court below examined my sister; I have seen this entire
gown before. The skirt and cape were never in her possession to my
knowledge and had they been, I should have known it. We came over to
this country as steerage passengers; we found ourselves and our provisions
were brought in this truck; it was wet all the time. When Julia went
to Judge Durfees she Took that trunk; there was always a very
unpleasant smell about the trunk after we left the
ship. Cross – Never told Mrs. Bordon that my sister had a
skirt like this; Julia never owned it. Direct – These flannel
garments belonged to Julia; I wore them coming over in the
ship. Mrs. Borden, recalled – I think one of these pieces of
flannel I have seen before; the other I never saw before, it is much
larger than that I saw. I asked Catharine, going down to the Town
House at the Court of examination if Julia ever had such a dress as this
brown skirt and she said that she had; but she might not have understood
the nature of my question. Thomas Donnally sworn – Came over
with my sister; we were steerage passengers. Our provisions were
kept in this trunk; the weather was very moist. I knew what my
sister’s clothing consisted of and she never had this brown skirt and
cape. She was not sick while at Fall River; I knew nothing of her
being in a family way; had she been, think I should have discovered
it. Lewis Albert, sworn – Live about 2 miles south of the
Stone Bridge. Have seen Julia Donnally before; she staid at my house
from Saturday night to Tuesday morning, after her arrest; she was placed
there by George Howland and during that time, there was no indications of
her having given birth to a child; examined her with my eye pretty
closely. Joslena B. Rathborne, sworn – I attended and aided
the Prisoner in the Court of examination; advised her not to submit to any
examination at all; afterwards it was suggested by Judge Durfee that she
should have her breast examined, and if it appeared that there was no milk
there she would be discharged; I, in her behalf objected to this and she
was governed by my advice and did not submit to the examination. (Here the
witness explained the course of the tides and currents at the place where
the child was found.) Heard a child was found and went to the shore
in the afternoon of the day it was found; went sought abut 5 rods and 15
to 20 north; went there expressly to see if I could find any articles of
clothing; there was none there; if there had been, I must have seen them
as I went there for that purpose. Cross – I advised her not
to submit to an examination because I did not believe she would have been
discharged, even if milk was not found in her breast. I did not know
how it was, and I knew that there had been instances where serum was found
in the breast of women who were not and had not been in a state of
pregnancy; therefore I thought I best for her not to submit to an
examination. Rhoda Albro, sworn – Am 64 years old; am a nurse
and have followed this business 15 years. Was in Mr. Taggart’s
family as a nurse a few days after Julia Donnally was brought there.
I did not think that there was any appearance of Julia’s having had a
child; Mrs. Taggart examined her very closely in my presence; there was no
milk in her breast and no appearance of there having been any. She
had no unwillingness to be examined by us but submitted to it
cheerfully. Cross – This examination was made a week or ten
days after Julia came there; her breasts were examined by pressing
them. Have known instances where woman had milk in their breast when
they had not nursed a child and when the milk was not drawn away.
From my experience in such matters, I do not believe that she has had a
child. Dr. James V. Turner, recalled – I should not think an
examination made as late as that spoken of by Mrs. Albro, could be relied
on effectually, unless taken in connection with other
circumstances. Dr. Charles Cotton, sworn – Have been in
practice 34 years. Females sometimes have milk or rather serum in
their breast when not in a state of pregnancy. Suppression of
menstruation will often cause a fullness of the breast and a general
swelling of the body. A female in the steerage of a ship at sea,
when it was wet or damp, would have a tendency to be affected in the
system generally and it would produce an irregularity. Immediately
after delivery by an examination within a fortnight we can almost
invariably tell whether or not a woman has been confined. The length
of time of milk remaining in the breast would depend somewhat on the means
adapted to draw off the milk and also upon the constitution and general
habits of the female. As a general thing we should hardly
expect a first delivery to be speedy for they are commonly longer thatn
subsequent ones. At a first birth there must be marks of it left
about the bed and clothing; sometimes there is a great flow of blood and
water. The after-birth takes place in from fifteen minutes up to an
hour; this has the appearance of the lungs of an animal, more than
anything else and varies in weight from a pound to a pound and a
half. A suppression of menstruation if often attended with faintness
and difficulty of breathing; should think such a suppression would produce
such symptoms as those described in the present case. Mrs.
Durfee, recalled – During the Friday, Saturday and Sunday nights Julia was
sick, I do not know whether or not she burnt a light. Did not notice
this unpleasant smell before; I had been in her room but made no
particular examination of her trunk. Theophilus C. Dunn,
sworn. – Am a practicing Physician in Newport. The appearance of
milk in the breast is one of the most fallacious evidences of pregnancy;
it is often caused by an obstruction of menstruation, and this suppression
is often caused by dampness and an exposure to wet weather. From ten
days to three weeks after a female’s first delivery, we might tell whether
or not she had been delivered of a child, - but it would not be certain
then; after that, it would be extremely difficult to ascertain by any
remaining evidences. It would be very difficult for a female to
deliver herself alone, in the night and in the dark, without some
evidences being left; it would not, however be
impossible. Cross – There would be evidences of the natural
evacuations, discovered, under such circumstances, unless they were
removed from the room. Suppression of menstruation as in the case
described might cause the symptoms which have been sworn
in. Dr. Daniel Watson, sworn – Been in practice 22
years. Have known a discharge of serum from the breast when the
person was not in a pregnant state; should think when there was milk in
the breast when not in a state of pregnancy, it would be caused by
sympathy with a disordered womb, either from suppressed menstruation or
some other cause. As a general rule, the first labors of a woman are
always longer and more painful than subsequent ones; there would be
evidences of the delivery such as evacuations of blood and water,
sometimes the latter is more copious than the former. As a general
thing, it could hardly be expected that a woman could deliver herself, as
in the case in question, without detection. Benjamin Field,
recalled. After the discovery of the child on the shore, I had a
conversation with Andrew Williston and advised him to go to the shore and
see if he could not discover clothing there of some kind; I think he had
already found the skirt. I do not recollect of any other
conversation on the subject with anyone. Isaac Darker, sworn
- Was at Fall River the Saturday before the examination and in a
conversation with Benjamin Field about this case. He said they were
about taking up that Irish girl as there was some new light on the
subject. The testimony of this witness was objected to by the
Attorney General on the ground of irrelevancy and it was ruled out by the
Court. The Prisoners council attempted to show that a
conversation had been had between Baker and Field as to what the latter
had said to Williston; but as the Government had asked Field no questions
on the subject, the Court ruled Barker’s testimony could not be admitted
as it was incompetent for the Prisoners council to introduce testimony to
rebut anything brought out by their own cross-examination and not enquired
into by the Government. Asa Gray, recalled – At the court of
examination, it was only proposed to examine the breasts of the prisoner;
I do not recollect particularly as to what was said about particularly as
to what was said about examining the under garments. The
testimony on both sides having all in, George Turner Esq., addressed the
Jury at length in behalf of the Prisoner He traced the career of Miss
Donnally from the time of her leaving Europe down to her arrest for the
crime with which she was now on trial. He commented very clearly
upon all the evidence offered, showing that the circumstantial testimony
introduced by the Government having been rebutted and explained by that in
behalf of the Prisoner, it was impossible for them to come to the
conclusion that she was guilty. His argument was concise and able,
envincing a great deal of ingenuity and professional
skill. Dutee J. Pearce, Esq. closed the case in behalf of the
Prisoner, in a lengthy speech, in which he fully commented upon all the
testimony in the case; explaining that which at first sight appeared to be
of so strong a circumstantial nature as to convince any mind of the guilt
of the Prisoner. We shall not attempt to give even an outline of the
argument as it would occupy too much space and we should not probably do
it justice. Suffice it to say, it was earnest and powerful in which
full justice was done to the Prisoner, particularly that portion of it
which related to Miss Donnally’s lone and destitute
situation. Saturday morning The Court met at 9 o’clock,
pursuant to adjournment. The Prisoner was brought into the Court by
the Sheriff. Joseph M. Blake, Esq. closed the case for the
Government in an able speech in which he replied to the Counsel for the
Prisoner telling the Jury that they were bound by their oaths not to
permit their sympathies to be operated upon either in favor or against the
Prisoner. It was their duty to render a true verdict according to
the law and facts of the case,irrespective of any feeling on the subject.
He then commented fully upon the testimony, argued that the facts sworn
to, fully substantiated the guilt of Prisoner and asking for such a
verdict in the full and impartial discharge of their duty. Some
portions of his speech were eloquent and the whole was very creditable to
him as a Prosecuting officer. As the Prisoner lived in the
family of the chief Justice, he did not sit on the trial and Judge Haile
charged the Jury in an able and impartial manner. He said the jurors
were bound by the solemn oaths which they had taken not to permit their
feelings or sympathies to be operated upon, either in favor or against the
prisoner, but it was their simple and imperitive duty to weigh all the
testimony in the case and then come to such a conslusion as the facts
sworn to warranted. This and this alone would be a full discharge of
their duty; appeals for mercy shall be made to the Court, but not in the
Jury. He told them to take all that had been sworn to and retire to
their room, and after mature deliberation, in the language of their oaths,
true deliverance make between the State of Rhode Island and Providence
Plantations and the Prisoner at the Bar. At 11 o’clock the Jury retired
and at the meeting at the Court at half past 2 o’clock in the afternoon
they came in and stated that they were unable to agree; after a
consultation between the court and Counsel the Jury retired again and in
half an hour returned and being called by the Clerk and all answering to
their names, the Clerk said, Mr. Foreman, have you agreed on a
verdict? Forman – We have. Clerk. – What say you
Mr. Foreman , is the Prisoner at the Bar guilty or not
guilty? Forman. – NOT GUILTY When the verdict
was rendered the Court room being crowded a loud applause passed through
the audience which was immediately silenced by the Sheriff. Such a
demonstration was never before witnessed in a Court of Justice in Newport
County with a single exception and ti was severely rebuked by Judge Haile
in a most emphatic manner. The Attorney General then stated
that he knew of no reason why the Prisoner should not be discharged by the
Court and immediately retired through the crowd, with her sister and
brother. Much excitement existed during the progress of the
trial and the Court room was densely crowded all the time. The
prisoner is young and very handsome and we have rarely witnessed a sweeter
or more interesting expression in any young lady’s face than in hers; she
appeared very much depressed during the trial and several times was
faint. Her deportment was extremely modest and becoming and her
whole appearance gave evidence that she moved in a different circle in her
native country from most of that nation who come to
America. There was something novel in this trial as there has
never been one of the kind in Rhode island before; there was agreat deal
of medical knowledge displayed by the professional gentlemen who were
examinted in the course of the trial and without expressing any opinion
ourselves as to the merits of the case, we will simply say that the
unfortunate young lady found many friends among the strangers who were
around her, who sympathized with his misfortune and aided her by their
liberality. After the acquital, the sum of twenty-four dollars was
raised by gentlemen near by, within a short time and presented to
her. The verdice meets with very general
apprebation. We have published a report of this case, in
consequence of its novelty and because many persons wish to know all
proceedings who were unable to attend Court and who could not have got in,
had they desired to in consequence of the excessive
crown.
Submitted by Nancy
Piper
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