The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-25
General Sessions.

Before Recorder Tallmadge Judge Lynch, and Alder.
men Crolius and Jones'
FEB. 24--Triai of John Uadsrtil-Thrd Dav-The
trial Of this young man for rape committed the per
Of the girl Ann Murphy, at the Broadway Cottage
on Saturday, December Sd continued District At
torney WHITING and JONAS b PHILLIPS Esq for prose-
cuon, and DAVID GRAHAM and JAMES T. BRADY, Esqrs,
| for defence.
The Court Room was az crowded as at any previous
day this week, and hundreds who thronged the ves
bule Of the Tembs were unable to obtain admission
The order the Court during this trial. under the spe
led about the Tombs.
Al the commencement Of proceeding JAms. It. Bn.pr
Esq stated that the first witness the defence wished
to bring upon the stand was Ann Murphy, whom they
desired to ask few questions.
The DurRIcr ATTORNEY objected, the matter of
identity OF this girl important that Of the
cused and bringing her into court at this point would
that they would be able to review her before being
called upon to recognize her en- the witness stand
Mr. GRAHAM denied that any such intention existed on
the part ofcOunsel for deen ehcir object alone to
obtain to questions that had escaped the atten
ton ofhis associate during her cross.examinaton.
The DIsrRIcr ATTORNEY replied at length, denying
that he had any imputaon against the motives
the gentlemen bnt commended that the admission Of the
testimony Of the girl this point of trial. impro.
point they intended to examine her.
Judge LYNCH delivered the opinion OF the Court He
said that ordinarily it was proper that WITNESSES should
be recalled by either party in the but the
sci for defence had in his opening entered into full
view of the testimony of the girl Ann Murphy the
Court thought the ends required that the
sci for defence should state the general object of the
Il
| the Court would consider the point in question.
The defence took exceptions to this opinion and deni
ed the right OF the Court to insist to the particular
point to which they intended to question witness.
| The District Attorney sustained the Court, when
counsel for defence had better walk out of court and
abandon their client. but they asked and desired
time to prepare writ Of habeas corpus TO bring Ann
Mr.. WHlriso was about to reply, when the motion of
Mr. Brady was withdrawn.
| Mr. GRAHAM then off red to call Ann Murphy for
of enOuYinQ points
/ on which she had net been previously examined
Judge L.SeH delivered the opinion Of the Court BY
witness but could not be permitted to produce
for examination without hrst stating the points
| which they intended to examine her.
Mr.. BRADY stated that the defence would state pr
vaely to the Court in presence Of the District Aor
ney the points to which they intended to examine the
Judge LrNcH-Lst the Counsel put it in writing
Mr.. BRADY then asked that the girl might be brough,
/ in'o Court.
The DISTRICT ATTORNEY denied the right of defenc
to bring her into Court at this point end resisted
application with such force and feeling that concluding
portion Of the audience broke forth with applause by
stamping of feet and clappng Of hands.
asked the Court to protect their dignity and the
rights Of his client from such expressions of feeling
That such exhibitions properly adapted to the rep
resentaon of drams but in tho sanctuary of justice It
was mockery of trial and contempt of the Court
der the the would BE- better
band the Court at once and abandon the mockery of its
| forms II such indigRes were to be repeated.
| fore expressed an opinion rs to this interruption
Of proceedings by the audience, and he hoped that
the assemblage itself would the necessity Of strict
adherence to to the ipunctions OF the Court on this
| point. That as American citizens they were bound
themselvesto protecthe dignity of the Courtthat the
Court was the administrator Of Justice and pub
lie opinion necessary for its surport-he therefore
appealed 10 the audience to protect the dignity of the
Court by aton of good order and thus prevent
any violation of the regular Of proceedings
Mr.. GRAHAM-Befsre further proceeding, ask the
Court direct that any person who has been to
commit the offence complained Of should be brought be.
| fore the Bench and punished for contempt
The CoURr asked the question but person as
rested by the officers and the defence then called
| Thomas B. AvLwARD, who was sworn-l reside in
Fifth street. hut have business now-l was in an in.
telligence Office in the Bowery, in December last be-
tween Broome and Grand; left II about fortnight ago;
the principal of the Office was Daniel B Cameron
Q-De you see any woman in Court who applied to
you for stuation1
| A-No sir; have been here during the trial, and
saw woman on the witness stand, but being behind
the pillar could not tell whether she was the woman
or not; Impression IL that she was the woman that
applied to me for place; do not know her by the
| name of Ann Murphy
| The defence here asked that the girl Ann Murphy
| be brought into Court
tounl debate the Court ordered the girl Ann Murphy
10 be brought in.
| Avn MuRPHy here came into court
| Wtrsess contnued-Tbis girl (pointng TO Ann Muir
rhv) apped TO me for place the oath Of October in
company with another woman They gave their names
Caharine Seabold and Mary Hcany They gave their
| residence at ll6 Pitt street
1.-THE book of the intelligence ONCE, as kept by wit
ness was here presented TO the jury, and the names
| found registered az stated -
| sswrrrsss continued-I sent Mary Heany to Mrs