The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-08

General Sessions.
Before Recorder Tamadge, Judge Lynch, and Aldermen
Underwood and Martin.


Underwood and Martin.
The Broadway Cottage Rape Case.
FouarH DAv--saturday.
The trial Of William Dingler mpleaded with Gabriel
ted on the person Of Ann Murphy at the Broadway Cot
age, adjoining Masonic Hail. on Saturday. Dec. s,
resumed IRON yesterday The prosecution was conduct
Esqr. VIM NJ Price and L.. B shepherd. Esqs., for
defence The other prisoners Hatfield and Underh
also IN Court during part of the day.
DAY during this exciting trial. at their usual posts in
the vestbule fthe Tombs long before the doors Of the
persons admitted to fill the below and the gal
ery above, when the doors closed and person al
lowed to enter except the jurors for the term witnesses in
the case and gentlemen connected with the press of the
city.
We omitted to mention yesterday morning. that during
the recess for dinner on Friday, the jury visited the
Broadway Cottage, and examined location of the pre-
mises and particularly the building, where the rape
10 said to have been committed.
The Court assembled at about hal-psst nine o'clock
and the jurors who hal been kept together over night at
the Carlton House. being called the proceeded.
Mr. WHITING and said, that the sister Of the girl
Ann Murphy, who had arrived in town Friday, had
been requested to be in attendance this morning wit
ness and that she had given the number of the street she
resided in to Colonel Jones' the keeper of the City Prison.
whe had mislad by accident He said that he had
dsred an officer to 60 after her. and presumed that she
delay of half an hour now took place when the Court
ntmated that L. B. Shepherd ESQ., of the counsel for
defence, who was to commence summing up had better
This objected to by both counsel for Defence as it
would be impossible for them to the summing upsn
less they were acquainted with the character of all the
The couaT then ordered that the prisoner. in the city
prison, who had been indicted and srragnej should
be brought up for that purpose. A dozen were here
brought into Court being mixture Of black white and
yellow and among them the black burglar Ben sla
ter, and his white accomplish John Mofatt, alias Will
ams against whom fifteen charges Of burglary
and half dozen of Also Michael j. sallenger
pickpockst &C. and about hall dozen others Having
all entered plea OF not guilty to the charges alleged
against them. they were sent below and
The CoURT then requested that Mr. Shepherd should
proceed with his summing the part of the defence
He objected until the District Attorney had concluded
the evidence forthe prosecution.
The DISTRICT ATTORNEY stated that he presumed the
sister Of Ann Murphy would soon arrve but he had
particular desire to bring her upon the stand witness
unless the defence insisted upon it.
The CouRr then directed that Mr. Shepherd should pro-
ceed with understanding that the witness should be
amned whenever she came into Court.
With much reluctance, Mr. Shepherd then commenced
summing up and had proceeded but few moments, when
note was handed him which he stated was from Mr.
Price, his associate counsel who protested against the de.
fence being compelled up until the evidence for
prosecution was concluded
The CounT again requested Mr.. Shepherd TO proceed
At about ii O'Clock while he addressing the jury for
Defence the sister OF Ann who had been sent for by the
District Attorney came into Court accompanied by an
should be examined,
The counsel for defence objected. and Mr.. shepherd
continued aOle summing until about half
O'Clock, occupying nearly three hours, when
JONAS b. PHILLIPS, Esq. followed for prosecution.
Wm. NJ. Price. Esq, replied tor defence. During his
summing up he presented the reported evidence
tanned in the New York Herald and was about to read
certain passages when the District Attorney objected
it was contrary to practice to introduce reported newspa
per testimony He said he doubted the entire
of the report but he preferred that the gentleman
would read from his notes.
Mr. PRcE replied that the report contained in the
Herald was far than his notes. and he felt
his duty at that period return his thanks reporter
OF that paper for the care and attention which he had
evnced in giving true and faithful report of the evidence
in the case trial.
The CoURr assented that counsel should read from the
Herald and Mr. Price proceeded with his argument AZ
eloquent and argumenative Speech closed near
O'Clock, and the court took recess until pm.
EVENING SESSION.
During the intermssion, the entrance to the court
room was as crowded at previous time since the
of the trial. and about the hour for the
reassemblng Of the Court the vestibue overlooking
with the crowd.
At five o'clock the Court having re-assembled District
Attorney Whiting commenced his argument to the jury.
He dwe with great force and severity upon the contra
dctory character of the evidence for defence and with
much eloquence and feeling in aluson the poor unor
tunate, and riendess GIRL who had been violated and
ruined by the rutan gang, who made the Broadway Cot
tage their place OF esor and refuge In the ofhs
speech Mr. Whiting made most eloquent vfndicaton of
the Irish female character. He highly euogised that
deep and almost instructive love Of virtue by which the
lower orders OF the Irish women their honor and
chastity amid all the temptations Of poverty The females
o; ne nation on the globe distinguished for virtue
al the women Of Ireland Mr. Writings on this
point excited great feeling amongst the audience and
was with diculty that the applause was hushed During
his auson to the situation and suerngs ofthe poor CIR
several of the jurors to shed tears and
dienc :, was excited in the greatestdegres
In dsectng the testimony of the defence he selected
that given by Joseph Carlisle of the newly appointed
keepers of the City Prison, Andrew Carney newly ap-
lighter and Peter Jacobs city watchman and after show
ing their associations with the accused and the of
their evidence Gas will be remembered by readers
said, "tell us that this branch Of our police
system needs REFORM and will ask you turn to the
ghtful picture which this trial presents. Unless
thing done, and that speedily with system that sus.
tains such men, the whole superstrucure of Justice will
be overturned, and all morality all the peace and good
order Of society will be FRUSTRATED in the ruins"
cludng he dwet with much feeling and eloquence upon
the situation Of the prisoner the enormty Of the offence
charged against him. and the duty Of the jury tIwegh i'm
partially and without fear favor affection the evidence
presented before them and decide accordance with
such mature elaboration as their conscences and oahs
would dictate.
During his speech he frequently loudly applauded
by the audience particularly by those in the gallery and
all the efforts Of the officers and appeared be
cused who sat near him. became much affected near the
close of his speech, and wept freely while he deliver
ing his perroraon He closed at about half past seven
RECORDER TALLMADeE then proceeded to deliver the
following
GxrrLEMEr THE Jusr The prisoner at the bar is
Indicted for orcibly ravishing Ann Murphy. The first
% sb S
hi the Sd Of December last violently assaulted Ann
Murphy the complainant and by force and violence
abed the prisoner at the bar to ravsh her. The second
count in the indictment makes similar charge against
them OF an assault upon her. and that she then
cd by Underhill and the third count contains similar
charge against Hatfield This trial. gentlemen involves
very important principles Of law that def
milton Of the offence with which the accused is charged
He charged have before remarked to YOU with for
chilly violating the person Of Ann Murphy 1t is
sary to constitute this offence that the part of the pro-
secuton they should establish the fact conclusivey that
she was ravishedthat her person violated and net
merely that but that was orciby vioated-tha il
done by volence-that the connection between them
involuntary her part. From the very able and zeal
manner in which the facts that have been ELECTED by
the testimony in this case has been to you by
the counsel the necessity the part ofthe Court go
very minutey into the examination detail of these
facts has in great measure been superseded You have
heard those facts with great patience from the witnesses
themselves and have carefully attended to their examna
on so that every feature of the both respects
the prosecution and the Defence have been presented in
bold relief before YOU shall therefore, content my self
by calling your attention to the prominent facts in the
and those on which II appears 10 me decron must de-
pend. And the examination testimony qentle.