Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-11

~ young rH<Pa"sc~-ln ne Court room was throngcd
again this morning with eager groups Of witnesses,
spectators and idle loafers Their Honors the Judp-
es were within half an hour Of punctuality and thea
about tive hours were wasted in calling the Jury,
ct cetera. VI the original panel, only sixteen an
swered to their names, and out of the thirty five
summoned on the new venire, about twenty made
their appearance. By o'clock p. NJ the following
gentlemen were swom:-Wm. p Coles, Foreman,
Stephen Brush, Charles Halleck, Robert Water
house, Lexington Farwell, Alexander Chalmers Oil
yer Young, ID. q. Cartwright, Aaron Butterfeld,
Henry Burr, BENZ Harksn, and Samuel A. Vanderbilt.
The Indictment was then read by the Clerk of the
Court, and the prisoner, with firm voice, pleaded
not guilty.
The Court then took a recess until PM.
The Court and Jury having reassembled, the Dis
trict Attorney opened the case on the part Of the
People. The learned gentleman explained the law
as 10 was applicable to the of the prisoner and
briefly stated the principal facts of the murder of
Patrick Fitzpatrick, he said, he found them in
the papers submitted to him by the Coroner The
District Attorney then called n
Lawrence Ganney.-WitHess keeps grocery in
Pitt street. and is about % years old On the 18th of
February lived in Boone street near Willet. The
diagram shown me is correct representation Of
that house There was a door in the house leading
back to Broome and Willet streets. At the time Of
the a6fray had lived there about two weeks. On
the night of the 18th there were good many peo-
pie at my house who had assembled at a house
warming; they were countrymen of witness, who
is Irish they were dancing and enjoying them
selves in quiet, peaceable way. There a door
leading from the store into the back room. They
had some refreshments and drink previous to the
ARRAY, which took place between two and three
o'clock in the morning. Every thing had been
peaceable up to that time. The prisoner and his
friends in about three o'clock in the morning.
There were four in the party, and the prisoner
the second man that came in. The first man walked
into the back room, and White was the second
Something was said to one Of the prisoners party
by Michael Nlaclany or Dennis Dillen relative to
the absentee. The prisoner replied that he would
60 out when he " damned pleased" Witness was
standing behind the counter at that time, and
thought he would 60 round for fear of something,
when White made push at Maclany, and the other
did the same at him. Witness between
them, took hold of prisoner, and pushed him ont
at the door which opens on Willet street. Some
one outside closed the door immediately, and wit
ness thinks it was the Waterman. In few minutes
aiterward the door was opened by some from the
inside, and Peter Fitzpatrick standing iust with
nit, sideways to the doorway So soon as the door
was opened, Fitzpatrick stepped out, and witness
thinks he stumbled a little Was the w illet
street side, and witness thought that prisoner stood
out on tho sidewalk. Witness in the store, but
outside of the counter. There was light on ttk
counter which enabled witness to see across the
street, No controversy had taken place with Fitx-
patrick, nor had any blows been struck before wit
ness saw White make the pass at him. Fitzpatrick
had just got off the stoop when witness saw him
stumble. Three or four other persons then rushed
out of witness house when they Fitzpatrick
fall. The fall followed the blow inflicted on Fitz-
patrick by the prisoner now present in court. Wit
ness did not hear anything said at that time. The
other persons who went out of witness house were
previously standing convenient to the door. The
next thing the witness was Denham, and another
outside, and one of them came in with blood upon
him WIRess cannot say when they went out, but
soon as he saw them out he went to fasten the
door Ii was the outside Of the door which opened
towards the street. There were other doors which
opened inwardly. White was standing outside
when witness closed the door, bat he kept out Of
sight. White made a clutch at the witness and
seized him by the shirt cellar, and then saw that
White had a knife in his hand, with which he
struck at the Witness but did not nfict any wound
upon.
| Mr.. Graham here cortended that the district at
torney leading the witness, and he was then told
to tell his story in his own way.
Witness did not see Fitzpatrick again until he was
brought INTO the house and placed in the back
He was then lying on the broad of his back on the
1 floor of the back room. IL about an hour and
half after the stab inflicted. He was then strip
ped, and witness that he had stab in the right
| groin lie was alive then, and said something about
his wife, but what II was, witness did not either un-
derstand or recollect. There was only one wound
on him, and he died the same day. Witness had not
known White before this time, but he recognised
him directly when he saw him again.
Cross examined by David Graham, sen A diagram
was here produced by the learned counsel and some
little delay occurred in consequence Of the witness
/ saying that he could not read writing. There was
an entry to my house from Broome street, but that
did not exactly belong TO my store. There was
partition and counter there for another store. The
| premises have been altered since. The door which
leads into the store leads into the back room where
the dance took place. Ii was pretty large room,
but tell the size, because did not measure
il. The door in Broome street shut all the night
! and the door in Willett street kept open. / sold
liquor in the store the night Of the ARRAY my stock
was about Is gallons Of spirits that night. I know
il the night Of the 18th Of February, because Of
the liquor bill, which bought the day previ-
ously to the ARRAY in question, and paid for the fol-
lowing day. | might have said there were forty
persons in the house warming, and all in the little
| room with fiddler, and they took the liquor
there with the ladies, except who came out in
the store and drank, before that they had been
peaccabe enough from the time of the dance, COM
rensipg at eight o'clock, until or in the morning
Three or four unlimited guests came about ten
clock, the others all my own country peo-
pie asked the strangers TO drink, but did not ask
their names. / cannot tell how much liquor was
drank; but it was principally mixed, such as brandy
punch, gin sings, &C. drank pretty well with all
the guests, but cannot say how much. There had
not been any noise before the ARRAY in which Fitz-
patrick resolved his wound. There was mo- sauabble
whatever in the store in the dane ing room will
not swear that some Of Whites party were among
the few that came unlimited White was not one
| Of them, but remember him, because of the grab
he made at me when put him out Of the house
and saw him when he came In. He was the sc-
| cond man 81 his party. did not take any partcu-
lar notice Of the men who came with White can.
not tell positively which Of my invited guests spoke
to White when he said " he came there 10 make q
muss.' White was the first one that clcnched with
/ McGanney. / have been examined three times
/ the subject and always said White WAS the seQopd