New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-20

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g. s., g. a. Pan Second-Meets a, ociocs52, u, 3d.
HGs. H. q, 30 I26, "a, SUPERIOR CouRTi8, Ol
Co. -.
COURT Of OYER AND TFRNINER.-Thc trial
Of THOMAS TofPSG took place to day The prisoner va,
accompanied by l~oof his sons George and Henry. lie
defended By Mesrs Strang aud Hart, which gentle.
men had been gned him 10y The Court The folowir z
10 the principal te-timony the
Catherine heHy swornt-Was IN Orange street. between
Walker and Whine, on the Isl OF January ST Was &C.
qIanied with Topping and hi> wife; The latter tie
mother OF ten children, bet only OF them lived home
The Others being away ! went 10 assist Mrs. Topping
They occupied the back the second story. took
colt, and Mr., I advised to 10 bed on kind Of sofa
bedead in the On the morning Of the 1T OF Janu.
any, Topping appeared to be very wel HIS wife brushed
h' coat and h' went to he shop. He is Shoemaker He
came back asou, !0ocock. liz met her she going
10 ge, pail O water. lie asked her where he going
She said To the pump He sad She need M 20 She -aii
how can cook without lie said mind, 30
stopped her She then came IN and took Oh her thugs
aud STOOD by her bedside. lie then pat the things
sitting up. The small 10 burn COAL with
place for cooking She looked and laughed,
smiled when she said this, Int looked at her and her
laughing. liz then got up and struck her think with his
tered something be go, up which l did not hear lie
struck her with small rockingham the head,
which began bleed She still on the bed. lie then
struck her with broomsuck, which he took up by tie
part and the handle broke INTO three or four pieces
which he took up and stabbed her with. Amer he knocked
down she spoke bnt once although she struggled and
Kicked good deal when he commenced beating her She
SAID Tommy. do NJ kill me; what Is all this for !' did
not her speak after that II was al the lime he struck her
with rocking chair lie answered, damn YOU, mean
10 finish YOU" lie took the pieces OF sich ~ hs ad and
stabbed her the same he wOuid do with knie. H.
stabbed her about the body There were two or three
knives and FORKS having the table and he stabbed her
with them in beth breast, and the body AMER he slarcd
her with knife he pulled her out Of bed on ne hoor and
then he jumped upon her with both feet After that Ne
threw her bed again, then he wsud stab her with one Of
the knives the forks and pull her out oil bed again. ne
struck her the head, also, with hasHmer lie then
would throw her the bed again. She was small wo-
man. and be- could I'M her IN and out like child lie cor
lnued dragging her IN aud oni OF bed sa9omg heI uub
ing upon her aud beating her for about an hour and hall
lie did not mu b. but now am then he would curse
her Tie sad, Cd iar you, have threatened YOU
lite" II was occasoncd 10y an occurrence that took place
fortnight before wfsn me son came III wnen ,i' ia,tr
quanens wlh hrs mother ana he tIre" the lorm'r
the bed The day heard the prisoner threat
en- deceased that he would murder per ana her on she
spoke after he struck her with the rocking chair II
about Ii O'Clock when h. r>t commenced and he kept
beating her I'LL dusk. O0ce during that line he sat down
and snoaea pipe Amer he bad been beating her about
tour, told hun would cry murder lie said 1t is nons
ol your business-she my wife He sas yon are very
sck girl; lay still said wop Mt lay still Tie said II
made any alarm at all he wouio the same a. he
did Betty. thought he might have been offended at liz
things not being ready and told him would get up, and,
pessble try 10 cook for him; but said he sdut
cooking. begged hm 20 20 out. told him he was
klng The womsa by inches. lie said that was what he
meant TO do
dark he smoked his pipe again. Ills wife was dead
when be- len oil beating her and he laid down across the
floor was in bed all the While and spoke 10 him several
tines, bot afraid To alarm Hs l,tle son
Thomas the when he frs, commenced beating
her. lie said, Father are always beating mother
and be ran away. After thought Topping had gone 10
sleep he lay the oo got on, OF bed by the help of
chair and large carving fork in the keyhoe, agd
Oand tina, the door was locked wshed to 90 out a.
thought would not like Ice in the If she was dead
bad called To- her, bu, she did not answer found tie
hey OF the door the mante piece. unlocked The door
and threw wide open. About ten minutes aterward,
lsrs George came IN. lie said he had hurt his head
sad nothing To him, but called him 10 and told
bin that his father had been beating his mether and was
Good Gsd-mothcr is dead" lie looked down upon h.,
ldiher and cried over him good ~he, hut lac did not
peak He sat down short time. aud said he would 20 to
Green Greenwich street and ascertain what he should
Do FEW minutes after hc had OI my brother JOHN
Kelly, came in with Mr.. ra,ttn. lie brought me SEINE
tsaes and some PIE mOtioned him to 60 rOn toe Top
PIs lay on the hoor all this time, but said nothing Ms
BROTHER smiled when told him 90 away and sad was
e1y. then called him Ia and told BIN ~ha h"d nap
pened He said was out my heai. The deceased lay
on he bed Ny brother called To her and made SONG ~,
preston which did Tot hear and said-"She Is dead"
IL and called the watcmani and the house was
Oon full While brother was out, topping got up anu
VAIN" NAM ~. Snu T, de- matter WY
don't you speak M 2" While he washing her The
uaieknes anne IN and took him He asked them what
they took him for; he didn't know any thing aboutt They
carried him of and The wa,chmen s,ad there all night
ilbe witness, who was an intelligent. bright lsoknS gn,
brother Staten Island. Her brother had given Mn Top
Ping considerable wsshR- To do and she asked wines 20
come and help her She took Cold and became 'tr>
'ck She had been there ten days and had nnl seen any
improper drinking gong Sine underwent as'r"ng eros
examination, but no newiac OF any moment "e'" pre-
tdssrd M4er' icded to keeping grocery store r At
oler and hi' family. Heard some us'>t bnt no sro, ~
Nhe notice of, on The day deceased was Killed topping
aid hs wife had killed herself on the hesrh-sioe on &c
count OF the loss OF her children.
d. 3roher Coroner, snd d.. TomYsin', testified 70 u
1slafe d lie wsand ihefe were several aneut u' ''s
ga serious character many cuts and h,uls's pe.hs -
abe There were also several slabs IN the tr'as' ana ap
men, Presenting Tie appearance OF having been mao "''
aork They RECOGNIZED the sharp stCss.kne BANNER Nc
exhibited those found in the room, and believe the stains
On theu to be blood.
John Etly conmed the testimony Of his sister. so far as
regarded what occurred after he arrived at the house
o. the TAR, of the defence several person, testified to tre
prisoner being Of unSouni mind particularly since receiving
injury 10 1852 or 1854. Some effort made to mpeach
the character the principal witness, though with but IT.
l- effect, Toprine's general character said 10 be
Mid The case was submitted htle before O'Clock lest
evening, without argument Judge Kent charged The Jtry
explaining the law governing cases OF homeme' AND re-
viewing the evidence.
After being about hat an hour tee Jdty Drought !"
verdict Of Guilty OF WifUl Murder.
SUPERIOR CouRr.-.i.ILEL.-J ffHtm"t :
Cooper BIaiaa L. Siorc--Ths case has been con
unued from day to DAY before the Referees Aer the ie
uniony had been concluded. Mr. Campbell addressrn ''
board ID truly able and eloquent speech on the Iar' OF '
uciehcf lie aluded the trial OF Capt Barclay So"I"
efoi the British heei Instituted after bis ARRIVAL ," Eng
a"I anu ssrOcs Other documents, 10 shew that feh "
well a. oos considered The conduct of Capt, Elliot to he
any hng hut that Of brave and gallant officer, and ~
@t glorious result OF tbs battle Lake Erie owed vc'
le % s buiiiause Or success 90 lin. Ar e. con ended
HAT the review Unsuitable oee, and such Coloac
Some at perfect liberty make being The privilege
Oevery crec freely the ACT, and dones OF pub
lie men lie followed by Mr. H. Cooper for the pro>
cuisn and Mt. Bidwe sill further for the de 'ence NJ
feoimore Cooper closed toe argument in person. having
addressed the Bosd la, enisg Tor cverahorrs IN wtc.
eeIere fully inc the merits Of The ease Tie decision
The Board will probably soon be made known.
CoURr or SrssisSS-Besorc Judges Lynch
AMI NoaH-TEiAl FOR LIBEL coNTINVED-The iral 90
LBciu, {. Consisck, apohecsry rnd Druggist, of h'~
on Dr. William !. Burnt, was resumed ths noinli.t
much testimony a.inccd The subject OF The nannidca
and vendion 81 medcib.s called patent medicines-t
egsion amongst druggists IN the maitfr OF neAmS a.
sns such Gicdicne> whsre aD0thsr person ciAuleu u
right To make and yead them, which cusi IN
denies by some wness) and the custom admitted by If
witnesses 10 be common OF making such medicine "he'
tht rlyLl ,l,cln,NeIN clamr.l. W lan Mc(laN