The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-06
General Sessions.
Before Recorder Talmadge and Aldermen Waterman and
Martin.


JAMES r. WHITING ESQ District Attorney
THURSDAY, Oct 6th.-Trial of James F. Baney.-The
trial Of this Dung man, who is marble cutter by trade,
for in the frs degree in stabbng William
Cullen plumber the 18th OF August last the porter
house OF Thomas Mcclure, 246 Mott street. The evi.
dence in the having been published in the Herald
the time the inquest held, the particulars are
fresh in the minds OF the public as not call for detail
ed publication at this time The first witness called for
prosecution was, THOMAS McGURE, who kept the porter
house. He stated that Bianey and Cullen met at his
house on the morning in question and Immediately
Witness persuaded Cullen go the back ROOM when
clancy followed and they closed and he stabbed
Cullen with knife in his side Witness told Blaney af
terwa DIS that it shame for him TO have done
Blancy replied, "he didn't care dmn" Cullen struck
Blaney several times in the face with his hand before
witness took him into the back room, and called Baney
coward. Cullen also squared off and struck Blaney
fore witness caught hold OF him to take him back. Cu
witness afterwards Cullen was badly stabbed he told
him he was, but he thought he would not die. Blaney
said il he did he was willing to die With him. JosErH
TITswoRTH called, who tes titled that when Blaney
and Cullen came into the porter house together bianey
knocked off the hat of young named Hopper, who
friend and he would not stand by and nsnlted-
Hopper replied that Blancy slso his friend snd he
sued between Cullen and Baney. Cullen to Blaney
you've got the old settle III I'll shake hands,
and then we drink and Settle aerwerdsa slaaey
SAID he would never shake hands with him again.
Mcclure then TOOK Callen in the back room, and
Blaney took seat the counter, and feel
ing something under him. he put his hand down
and picked up knife Blaney then opened tn.
knife with difficulty aud jumped down with his hand
and ent into the back room and stabbed Cullen in the
side and arm. He then came out with the knife still in
hand and took the counter that he had pre-
vously left The remaining portion Of the testimony OF
this witness was similar TO that given by MCGUIRE
raTnek ks.L.Y was next called who gave similar re-
FEErAN called and said that he met Cullen and Baney
Forbes porter house. at o'clock in the morning before
they went to the porter house OF MCGUIRE and they
there drank together and made good friends and shook
hands. That afterwards he walked with them to Nc.
CURES porter house. which all three entered together
with their arms around each others shoulders On enter.
ing Blaney knocked off the hat OF Hopper when Cutler
ced finding fault with Blsney has been stated
by previous witnesses JOHN R. HoPPER then called
and confirmed the previous statements relative to the
knocking off of his hat by Blaney when he came into
the porter house. This witness Cullen strike Blaney
in the face before the latter stabbed him The remainder
of his testimony confrmatory OF the stabbing by
Blaney. DR.. Eugene Crowell testified that the wound
causing death was given in the side by knife resembling
the blade OF the showed in Court There was also
wound in the of deceased that would have
fatal.
The prosecution here rested their testimony.
The case was then opened for defence by JAMES T
BRADY, ESQ He contended as legal proposition which
he should urge the Court to charge that en- Indictment
for mansaughter in the first dgr could not be sustain.
Go IN GSse M TSa the
could find the accused guilty OF grade Of
above the third degree, and he would endeavor
vince them before the case closed that they were bound
under the law and evideace convict his client of
slaughter in the fourth degree only.
This witness called to show that Blaney had been
his tho night previous and also show that the
first meeting between Cullen and Blaney the morning
of the day of the stabbng, accidental and
any intention the part Of Blaney-aso show that
no feeling OF hostility existed with Baney the
ing in question.
The Court decided that there was no evidence of
grudse on the part of Blaney but that the quarrel
commenced by Cullen, who also struck the first blow
the introduction Of the testimony not necessary
The witness was withdrawn. JAMES CONNOLLY called
He stated that Blaney and Cullen his place on
the morning Of the slray, both of whom were intoxi
Gated Blaney endeavored to get Cullen 60 home and
when he told him that there ant for him for as
sau and battery Baney persuaded witness let Cullen
lay down and sleep there awhle-they then went away
together perfectly friendly. William johnson of 50
Crosby street. stated that they his fruit stand
both intoxicated on the same morning. and Baney then
to persuade Cullen home and 20 to bed
but he refused to 60 and they went away together
officer CHARLES BIRD stated that he arrested Baney on
the day OF the sfray, while he his way to the
police office; he very much intoxicated SO much so
that he went asleep several times while the Justice was
examining witnesses. JAMES SALMON was next called
tesdes at "a Amos street, end is mason by trade; has
pisney for eight or nine years. his character has
oeen good very good, and witness astonished
70 near that he had committed such an act FRArcIs
GILMORE OF 24s Mott street. has known Blaney for eight
or nine years, his general character has been good
MICHAEL GAFFNEy, of 25 Prince street has known Bla
ne Tor Jour or five had formed very good opinion
hlm never saw him intoxicated know nothing about
the company he kept Mr. FoRBEs was called but not
answering, and being o'clock the counsel agreed 10
| to the jury.
IHdt o. Michael Noonan The jury in the Of this
nan chsge1 with grand larceny, in stealing $4,000 from
hr Codd, broker, OF Toronto, rendered q verdict Of
su oill OF exceptions will be obtained by his coun