The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-16

Court OF Oyer and Terminer.

MAY TO- irid Vi james Lear lot the murder Vi Ssiho'
McDonough.
ALFRED PHLLrs. ESQ., opened the case for the prose,
cuon The murder is alleged to have been committed
the 2Sth Of Oct 1912 with club The deceased died
on the 9th of November following.
Mrs. SARAH McDoNoUeH sworn-l was the wife, and
am he widow OF James McDonough the deceased last
him the 9th OF Oct last He left in the morning
in good health to go to meeting next saw him on the
morning the 2Sh he brought to my house he
brought there by number Of gentlemen; he was insen
sble and knew noihng he was bruised about the neck
and head he died on the 9th of November Ave minutes
before ten; he years sge last May year sgo
he attended by Or Smith, and other ply sic'nns.
WILLIAM iiAwKIss quite young)-i know ama. te'ry;
Alen aud Houston Streets did not know
James McDonough; lsaw him tho next morning IN the
store; he walking and dou the back ROOM II was
betwee and when Leary struck him he was asleep
or appeared to be asleep in CHAIR with his head down;
walking up and down. when got to the store; ne was
saying that if he could see Leary be would break ms
damned neck he took book out OF his pocket ana De
gan to look it, he nodded in his chair and dropped the
book; picked up the book; he then laid nj 8
head the table and fell asleep my brother then went
cut there alone; took broom and went to sween-
ing the floor; and while sweeping, Leary came IN
very lightly, and looked around the screen; he then
right on and jumped the COUNTER he could see
Nc Donough as he looked round the screen; he went
behind the bar, and through the entry into the
yard went on sweeping saw Leary come back with
a stick behind hm-(which is shown in court)- no
walked towards the front door-opcned 1.-THE then re-
turned TO the back room and said he wanted to hit Jim
what he has dons"-and took of his cap and showed
blood on his forehead. He said he would hit him !
said you'll XIII him Win tndt CluD' he stu NV,
won't kill him." Then got to talking with him, what
he would do with him. il he killed him. He then put
down the stick and looked in the looking glass and Jaw
the where he said Med. had struck him, He then
came back and wanted should let him strike him once
with MS fist told him If he wanted to strike him ia
wake him up and let him 60 out in the street, and then
they might fight Then he pointed to him and said "see
what large man he Is; wouldn't have no sight with
such man as he is" A gentleman then came in and
inquired for my brother. ! told him would tell the
all about it if he didn't be still He said he wouldnt
do no more about it, and sat down. He again sad, ~
uaD IN i'm | shouldn't
still threatened He did not then have the stick Soon
after, small boy. named Tom Marsden, came in told
him to go and ask body to come in there Leary
said No neednt"see here (poDg to his forehesd)
what he has done to His orewara was then bleed
ing Soon another little boy came in Tor hquor-Leary
said, ego behind the bar and give the boy his liquor"
wouldn't GO. Then Jim went into the front room and got
brother George came in and we pushed him back.
George is ID years old. jim (Leary) said, go awaygo
get me Dicks pistol" .Msr'den was then in he front
hsnds-he pushed me one side-Q was trying to wake
| up McDonough) and struck McDonough on the back
OF his head VINO had raised up about inter-
fered and he struck him again with the stick in
hand-he hit him or blows, and then took the stick
in both hands and hit him last blow. The other boys
ran out and lhollored murder hoored murder too.
Leary then went out, and walked slowly up Sd avenue
raise his head after the first blow. | first called the
doctor, and then ran to the police.
| Crossexamined by Mr. BARBER-Leary appeared to be
little highty that morning when he came n he is
still quiet man when he Is sober. shall be Is next
July never him Eighty before. On that morning
ne hCteu WOulu AduSn aHy Sou"o NAo'
could see for it.
Here Mr.. Barber asked the witness it, in his opinion,
| the prisoner at that time was not hightyl
This objected to by Mr.. SMITH, and argued on
| the defendants side by Judge EpwAKps -
and allowed by Judge Elmer in the late trial Of Singleton
Mercer]
Judge KENT allowed the question to be answered
| WiTNES-I can't answer the question; don't know
| whether he was or not If I were to speak my own
mind should say he had not his own natural senses at
that time-but can't swear whether he was Eighty or
DR.. C. " ARCHER, Coroner.-I held an inquest on the
body of James M'Donough on the 9th of November at
No 7 Cannon street. I and attended upon him be.
fore he died him the 2sth October he had
been removed Cannon il examined the patient;
there were several wounds small cut the right
eye extensive confused wound on the back OF the
head made by some heavy bludgeon a wound on the
lett side of the head which extended to the skull the
skull was fractured this was on the 29th the patient
was insensble he was in charge OF Dr. Smith and one
two other ply sicans saw him almost daily after
that. At the post norton examination, we found the
scslP uniefed bruised and echymosed the skull was
extensively fractured indeed and appeared ia have
been produced by the blows upon the back part of the
head both the pareta bones extensively fractured
pta bones these fractures extended to the base Of the
brain the brain found protruding from the head
and very much softened blood was found under the du
mater the pa much injected the lateral
venrices Of the brain contained some pus and serum
mixed together there was an Infusion Of blood
he entire surface Of the BRAIN extending to the me-
duls obongsta. These wounds were produced h. blows
and sutci.n' produce death the prisoner
the 2sh and he appeared very much detected dont
think this could lived under ally circumstances
drunk or SOBER heard Leary say that he very sorry
Tor MDonoush.
DR. Isaac s SMITH sworn wns called to see James
MDoncugs at Cannon street on the 2sth October last
DR.. 8. confirmed Or. Archer's opinion. He said re-
NOV oil ten pieces OF the Oh ull
The prosecution here ressd.
Mr. BARsER opened the for the Defence which 10
understood to be violent provocstion IA blow having
been struck with gun by MD about hour before)-or
insanity supervening from the blow.
RICHARD g. HAWKINS, sworn.-I was subpoenaed here
part of the prosecution reside corner of Ludlow
and Stanton streets Leary and Med had been in
company together pretty much all mig ut between three
and six O'clock Leary picked up gun in the room, and
said something about it, showed it TO McDoDough
McDonoush took the gun from him said Leary knew
put him through the military exercises; McDonoush
told him to present arms" as Leary said the word
McDonough hit him the head with the barrel of the
gun; made wound about inch long on his forehead
il appeared to stun him little; Leary said when he reco
vered from blow he didn't think McDonough did right
for he larger than he was; he said the blow
hurt him considerable; McDonough also catehod hold of
Leary and pushed him of DOORS and kicked him three
times; Leary had cap the time he got the blows
previous to going through this military exercise McDo
nough had been throwing dice; McDonough was every
way able bodied than Leary who some 40 or ~
years old Leary lived with my ather Is months; was
always very CIVIL very mild when sober; not very quar-
relsome. ~,
Cross-examined by Mr.. SMrH.-McDonough and the
party Out not Leary) mad been playing that night they
about IL O'Clock; at the time OF the blow from
McDonough he said he did mean to hit him so hard
Leary said he would have subtraction somsme or other
said Lesry rae any ~eSpOn 20 MIN
window and hit McDonough on the ARM there was some
further qnarrelling.
DR.. Gurr,-e 8. Bxp-oRB, sworn.--I have prsctsed
medicine in this city since 1880.
DR.. Bedford was asked to the effect of blow Gas
McDonoughs upon Leary) in dersnging the mental n.
cultes. The Doctor knew 90 little about this case that
his answer wa necessarily somewhat vague
DR.. VALENTINE Morr, affirmed have practised me-
dcine nearly 40 years, the Of McDonough's blow
upon Lesry was him. and the Doctor said serious
consequences might result within an hour OF two from
such blow. The Doctors testimony wasof some length,
but difficult to make il bear very orcibly upon the
present owing to his not having the case; eve
ry variety of result might take place.
DR. JOHN w. SMITH sworn Such blow might produce
coucu sion, or a shock upon the brain, which would
affect the mental faculties Inflammation is the result Of
conc ussion. ..,..
Dr. Jopy r. McCoNB, sworn saw Leary at the tomos
his health was sevevey aected thought he might never
live 10 come trial. and that he was gong INTO consamP
tion the wound upon his head was an men or TWO long
II have been pretty hard oiow 10 nave P'oou'eu
such q wound. ,,--.,,.., .o,,.,,.
- blow might produce O dis