Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-10-10

J.adge Edwards and Aldermen Lynch and Willis
Jshn Shea was pat upon his trial, charged with the
murder Of Patrick A. Dowd, on the 10Th of July last
I The circumstances OF the case may be gathered
frol the fol owing tesimony-Ellen Burns, sworn
Wit ness lives in Brooklyn, and is single wcmanS
saw the deceased, Patrick Dowd, only once or twice
before he was killed. was at rs Orange street. where
he sded at the house the night he was Killed,
FIVE six days after the Ah of Juy went there 10 see
Mrs Fentsn who lvea in the garrett in room ad-
joining, that of Mrs. Dowd The affray between the
prisoner and Dowd took place in the afternoon,
about candle hight; as witness was gong down stairs,
Mr.. Dowd on the head of the stars too; Shea
was in bed, lying in the entry; Dowd and witness
were standing en- the stairs; she said something, and
| Dowd asked her who he was talking about; Shea
made no answer to that. Dowd vert back to his
| room af rwards, and took a candle IN his hand, ana
went down stars; as he was going down stairs Shea
| got out of his beds when Dowd was half way down
stairs, he struck the breast by brick thrown
at him by Shea; they were about four or five steps
apart when the BRICK thrown; witness then ran
up stairs, and ssid to Mary Ann that they were beat
ing Pat. As Dowd was returning up 3tars, shea
threw another stone, which struck him between the
shoulders in the back Dowd was then on the top OF
the stairs, and was about turning around the plat
form; the stone was large sized paving stone; the
brickbat was little more than half trck; when
the stone struck him on the back, Dowd fell npon his
face on the platform, and never rose agnin; heard
Mrs Fenton say to Dowd, az she took aim by the
ARM leone, Pat, You had better get up Oh, of this
before you get another blows" TO which Dovd replod,
in faint voice, "Oh, Mary Ann, l done for
it," Witness took Mary Ann by the shoulders, and
pushed her down two steps, TO call the wctch, Shea
then stood by his door, with pair OF androns one
in each hand; Shea said If any one went down, he
would give them the bow he had given TO
Dowd; Mrs. Fenton, Mrs. Dewd the mother of de-
ceased, man named Kane, and witness, carried the
body up stairs; never saw him breathe Afterwards;
Mary Ann went TO the window and cried watch; the
watch did not come, and she cried murder This was
before the body was carried up stairs; the watch
came in about fifteen minutes afterwards; Shea stood
with the andirons ia hand unit! he heard the watch
men coming, when he went in, and locked his door;
Sheas door faced the foot of the second flight OF
stairs the body was afterwards taken 10 the watch
house.
down stairs, saw piece Of wood in his hand; it was
small stick; supposed 1t was hrewood; had hear5
that he carried the stick account of lameRess, the
stick about two feet in length; he used It as
cane TO support himself with. The prisoner and his
wife and children lying together at the foot of
the stairs upon the landing; Dowd was not in pas
sion as he coming down stairs; did not hear him
say a word of threaBng language to Shea; never
heard Dowd threaten TO xii, nsmber of Corkonians
oo~~s-sinS rho h~ad Of the stairs with DoTa
about Brooklyn; rs Orange street is on the Five
Points. Witness drank less than half glass OF GIN
at Mrs Fenon's the evening alluded os of the
little boys went for half pint of gin for Dowd after
he came in from his work; the premises of Dowd
as quiet possible where there children;
Dowd asked Shea as he stood on the salss whats
that you are saying about my mother PHI take my
mothers part" Dowd drank about wine glass
fall Of the gin; he appeared to be perfectly sober
Dowd wss laborer, and supported his mother and
his children BY his work.
Mary Ann Fenton sworn. Witness lived at IS Or
ange street at the time OF the atiray between Dowd
and Shea, in the next room TO Mrs. Dowd and was
at the house during the whole day. There had been
no dispute between Dowd and Shea the day the for
mcr was killed. Dowd came home frem his work
about o'clock; he was BRICK layer by trade, bat at
ne got his toe cut, became lame and had 10 work
al something else WAcn. he came home he had his
sfick he wa q "
supped with MRS. Dowd and Patrick Dowd There
was nothing said about Shea nor Corkonlans; saw
Dowd go down stairs with cane and a candle in his
| hand, smoking pipe heard the noise, and Ellen
(ast witness running up STAIRS and said that
Shea beating Patrick, witness then went down
the three steps and got the PLATFORM Eilenfsow-
I ed me down; asked Patrick what the matter was;
and before he could answer he cot TO the top
of the stairs stone struck him in the back; II was
thrown by the prisoner at the bar who stood at the
foot of she stairs Witness did not hear the prisoner
say anything at the time he threw the stone; Dowd
fell upon his face when the stone struck him; shook
him by the shoulder, and advised him to get our OF
the WY he nurmured slowly, Mary Ann, am
4 done for It," When witness his eyes turned in
his head she exclaimed TO his mother, :" the boy is
killed" Dowd gasped a moment after he was struck
1 and endeavored TO speak TO MS neither, bat was un
able; he died instantly. The prisoner was leaning
against the door post Of his room, with pair OF andl
rons in his hands, threatening any who should come
| down; DR.. Sweeny came IN almost as soon as the
| watch; witness did net see the deceased drink any
Il nQuOr. The deceaSe0 was IN the naDlt OF carrying
| with him from the house the first stick that 10
his hand TO assist him IN walking; his foot ban.
| daged up aroInd the toes
Miss Bridget o. Dowd mother OF the deceased, tes'
tfcd, tina, ric in bed i'll a, the time OF the muir
der; cerroborsted the other witness testimony, re
speeding their not having made use Of violent Ian
guage, and the particulars subsequent. TO the fatal
blows.
| DR.. Gfscomb sworn.-Assisrd in the examina.
ton of The body OF Dowd on the 7lh and 10Th July
| there were two slight marks on the external part
Of the bsdy; there was no injury 10 the spine; on
the chest there was an elptica ring Of light CO.
Tor, about large as maa's fist; the inside Of
the ring was soIt; the ring was over the carriages
Of the ribs near the breast bone; opened the chest
everything was sound, totally free from any ap-
peaYances Of disease; the left side OF the heart
very full Of blood, which was very unusual; small
portion of the body in the region of the heart was
| slightly tinged with blood, about the size of sh
ling piece, which it would require very severe
blow upon the chest 10 produce death; could see
no injury about the body calculated TO produce
death; the evidently met with sudden deatb;
the left ventrlce Of the heart would have been emp
tied out If he had not; the lungs collapsed.
DR. Samuel Q. Ellis, sworn-Examined the body
| of the deceased; the brain perfectly healthy;
| witness corroborated the testimony Of Dr. Girls
comb The mans death might have been occasioned
by very blew upon the chest; he could attn
butte his injuries to other than blow; vio-
lent blow upon the region of the heart is sufficient to
cause death.
Ct. 81.