Report on the trial of Daniel H. Corey on an indictment for the murder of Mrs. Matilda Nash : at the term of the superior court of judicature holden at Keene, in the county of Cheshire, on the first Tuesday of October, A.D. 1830 / by Joel Parker.

  • Parker, Joel, 1799-1873.
Date:
1830
Catalogue details

Licence: Public Domain Mark

Credit: Report on the trial of Daniel H. Corey on an indictment for the murder of Mrs. Matilda Nash : at the term of the superior court of judicature holden at Keene, in the county of Cheshire, on the first Tuesday of October, A.D. 1830 / by Joel Parker. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    weapon is a dangerous one, and the very use of it is cruel, and therefore malice is implied in the use of it. (Mr. Wilson here read from Dane the note of Gray's Case, Kelynge 133. All the books agree that no words or gestures, however provoking, will justify one in using a dangerous weapon for correction, or a dangerous mode, so this case of Gray, proves, that neglect of duty in a ser- vant, will not justify any but moderate correction, with a proper instrument. 6 Dane, 648 The law upon the whole case, Mr. W. said, would be given them by the Court. If the jury should find the killing by Corey, without prov- ocation, with a dangerous weapon, used in a manner calculated to produce death, they could not, he contended, avoid finding him guilty. The Counsel for the government then proceeded to in- troduce the evidence in support of the prosecution. Daniel Nash—called— The prisoner's counsel objected, that the list furnished him did not designate the place of abode of the witness. The entry was merely Daniel Nash, Gilsum, without any specification of State or County—and they cited the Case of Furnald, Strafford, February Term,1825, where the residence of one witness being described as of Gilrnanton, and the next by the abbreviation do under it, the Court, on a similar exception being taken, expressed strong doubts as to the sufficiency of the description. The Court held that the entry in the list was to be intended to mean, of Gilsum, in the County of Cheshire, and it being ascertained that the witness in fact lived in that town, the exception was overruled and the witness sworn *— Examined—On the thirteenth of June, 1829, he found his moth- er seven rods from Corey's door—she was perfectly dead—found a little budget of flax lying by her, and the breech of a gun lying on her cheek. (Piece presented :) knows it to be Corey's. Thinks this was not far from twelve o'clock. Started off after Corey, found him seventy or eighty rods from the house in the bushes, when witness first discovered him, he was running on towards his house—was not then taken—was taken an hour after—dont recol- lect about the appearance of his shirt and hands when taken. When witness got hold of him he told Corey if he offered to defend him- self, he would smite him, for he had got the piece of the gun he had killed his mother with. Corey said, Oh no, I was crazy. When witness found his mother, her head was very badly wound- ed right about there, (pointing to the right side of his own,) could lay his arm in—the bones were broken and the brains scattered on the ground. Witness' house is about sixty rods from Corey's—can see the top of his chimney—can see the road between, except some pitches— there is a rise of ground between—could not see the place she was found at from witness' house—she would have had to come eight or ten rods further to get in sight of his house. Corey was at work that day on the south east part of his lot, not in eight of witness' house, but in sight of his own—saw him that day before, but did not speak to him. Witness went up there because his girl came and told him that Corey had killed her grandmother dead in the road. Cross-examined. There is nothing but a path between his hou*e *nd Corey's. When he first saw Corey after the killing, he wa* * See note B.