The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-23

The Board then adjourned till Monday next at O'Clock
Pm.
General Sessions
Before Recorder Tallmadge Judge Lynch and Aldermen
Crolius and Jones
Fen 22.Trial of John UaderhiH for q Rape on .qnn
MwThy-Yesterdsy the Court crowded over
flowing at early hour and before the trial had com
the doors were closed except to the admission of
witnesses and persons attached 10 the Court The
cused Underhil and his assocate Hatfield also indicted
orthe same offence seated in Of the prisoners
boxes and were the ohe Of special notice by the speca
tors until the girl Ann Murphy was called to the stand
a witness.
WHITING. assisted by JONAS B. PHLLI Esq The de-
fence by DAVID GRAHAMand JAMES I. BRADr, Esqs.
LIS Esq who in brief and feeling speech detailed the
offence charged against the accused and outline of the
facts as they intended present them to the jury On
concluding he called the girl
ANN MUMMY, who then sworn--Aiter relating her
evenings walk up the Bowery and return down Broad.
way, near the Cottage in search of Beekman street.
where she then resided, she testified follows -
"WhenI came down Broadway little farther, knew
was not at Beekman street. saw the man called John.
who had been walking after very st. and being
ahaid asked him to show me the way to Beekman
street He said it of but il would step into the
hou-e here, there nice comfortable and fire,
and his sister who was in there sewing was going down
py to think young lady would 20 with me 10 not
know the street that this house but know the
place If saw tit is in Broadway John pushed me in
the door, and then they dragged me in. saw girl
they dragged me through the where they sell
ing liquor into dark room, and then into another
John threw me on table, and believe it was Dngler
put his breast upon my face, and held could not
hollow he then doneto me what am ashamed to tell
When Dinger had done what he pleased then the fellow
with black whskers (neanDg the accused) done what
he could-then fell down. and the other one without
whskers, attempted to do It also, put he did not.
This positive contradiction of her testimony given on
the trial Of Dinger when she swore that the accused
the District Attorney to enquire by fur.
hsr examination whether she fully understood the regu
lar course Of conduct of the parties in the Cottage
Mr. GRAHAM objected to direct questions being put to
draw forth an explanation, when the
D"IRcr ATsokNrY asked her which was the ono that
perperated the act upon her person frst7
WIrNEss-Dnglsr perpetrafed the act first, and then the
Jslop named John.
DisrRIcr ArroRNEY-Which is John?
WiTNxss-(aier looking about for minute)-That is
him with black whish ers herepontng to the accused
The remainder of her testimony similar to that pub
lished on the trial of Dinger.
The examination conducted by JAMES T. BRADY
ESQ., extended the whole life Of the girl, from the
day OF her nativity in Ireland to the hour Of the rape
nothing elected put any face upon the facts
of the case previously published She stated during
her long crossexamnaon that at place where she
had lived in this city, she had been ill treated and par
cularly by Patrick OKelly the street broker who
alleged took her silver thmble and sold it, and
pay her wages after she had lived there month"; That
the only good treatment she had received from Col
and partic Mr.. whiting That she pointed out the
night OF the rape in the watch house. and Underh the
accused one OF them saw Dinger that night and
John the next morning could not the face of John
in the dark room, there light there's told Alder
Crolius that Hatfield would been bad any
ed him.
Direct by DISTRICT ArronsEY- pointed Dngler out at
the watch house the OF the outrage pointed out
the other two the same night at the watch house
by the three that night that Pearce was
Dnger and another man who was going to take hold of
pointed John out the next morning to Mr.. Stokey:
person has hal connection with except those
two men.
By DErEScEI pointed John out in thu prison the next
morning when saw John into the ROOM said to
Mr.. stokely, "that is the man."
BY the JuRI-How did you become so familiar with the
of John
wIrSr',-He told me in the street when met him. that
his sister in there and his John saw his
face at the time the lsmps were lit.
Another attempt here made to induce the witness
recognize the accused and after eral
forts she stepped forward and recognized him in his
Here followed round of applause by portion of the
audience which the Court Immediately ordered sup
pressed and repeated bring the offenders before the
Court Immediately.
The Court then took reces, until half past four
O'Clock.
EvIrrSe SESSION.
On the reassembling of Court, Mr. Thea the fore.
man Of the Jury, stated that during the morning
improper conversation had passed by spectators in tn.
rear OF jury box and they requested that might be
The cOg.s stated that they had given directions
should see that it was attendeAto in future.
DIR. JOIN r. MAcoMB the Physician of the City Prison.
long conversational argument ensued between coun.
sci as to the aduissibiy of his testimony relative
and virtue from examination of the person girl
Ann Murphy. made by him on the night ofthe rape.
The RECoRDER with the two Aldermen objected to the
reception fthe testimony at this point of the trial.
Judge LYNCH dissented, but the District Attorney with.
drew the question for the present.
DR.. McCoMB continued the relation of his examina.
nation Of her but the details too gross pub
llcation. He stated during his crossexamnoon. that
the girl Ann Murphy, while at the watchouse on the
night Of the rape, positively asserted to Alderman Gro
lus being asked that Hatfield had nothing to with
the rape She also stated that night that Dnger the
second man that had connection with her and Underhil
the first. Dngler said in the watchhouse that Jake
Roome brought the girl into his house.
kTOK nj wv n He al tha
testimony given at the trial of Dnger and the
District Attorney then offered to prove by witness that
the girl Ann Murphy had described the person the
cused to him that night and the day following.
The defence Objected and the Court overrued the
tmony.
This witness then testified to her recognition of the &C.
cused in the Police Office, the Sunday morning fol.
Dec also that Dngler said the watchhousc when he
was brought there the night Of the rape that girl
Underh, the accused came the Police Office the next
morning Of their own accord DiDgler with them.
The Court adjourned at o'clock in the evening
and the counsel consented TO their separation.
IMPORTANT FROM THE MEDITERRANEAN. Letter
from an officer on board the U. 5 ship Congress,
dated Genoa, Dec. 81 AZ" II is impossible for |
our ships to winter in Mahon any longer. The place |
is new infested with several thousand Catalonan
soldiers, who are under no discipline, and whose
officers have not the slightest control over them
They perfectly regardless of law or life, and
steal every thing and murder every body they can
lay hands upon. short time previous TO our leav-
ing, three OF our crew were murdered on different
nights, and at last they commenced with the Off
GERS Our Sailing Master, Passed Mdshipman |
John s. Patterson, he quietly leaving the |
town at night to go board ship, was brutality as
sassinated He received three frghtu stabs his |
left breast, either of which would have proved NOR
tall His cries were heard on board ship, and many
fastened TO his aid, but found him wetering in his
blood. Upon this last outrage, the Commodore inn
medlatey weighed anchor and left the place. The
Columbia "a, and sloops Fairfield and Prebe, are
here with us. Officers and crews all we'll"