The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-02-24


time He in the orecaste but do not remember that
the Commander sent for him aft never heard Small
speak Of the of the mast being carried away me-
yer mentioned what saw until got home. The officer
gave the order and the Commander who ON the
Their sde repeated it.
Odd you not hear it said at the time that the
was carried away to rescue Mr.. spencer
A.-No Sir, not as recollect .
Here the Court rose and adjourned
General Sessions.
Before Recorder Tallmadge Judge Lynch, and Alder
men CrOlius and Jones.
FEE % Trial of John UndsrhitI- Second Dov The
trial of his young man for rape committed the
of the girl Ann Murphy, at the Broadway Cottage,
Saturday, December 3d. continued. District At.
torney WHITING and JONAS B. PHILLIPS, Esq for prose
cution, and DAVID GRAHAM and JAMES BRADY, Esqrs
The Court Room for the past few days. filled to
overlooking long before the time of assembling Of the
court and shows tho necessity Of removing the gallery
side rooms, to the body of the court room.
At the opening Of the court DAVID GRAHAM, Esq rose
and stated that he felt his duty this point Of the trial
call the attention court the garbled report of
proceedings and evidence connected with comments
IN several Of the monng pspers wn INC ne
scented that the jury should separate under suPposon
that influences woule be brought to bear upon them,
particularly after the instructions of the Court but they
regretted to find that the reporters Of the prints alluded
to- had interpreted their garblsd reports with
mens that were erroneous and calculated to, ate
prejudice against his CLIENT which submitted to, they
might well take him into the Park andtry him by the
thought the Court had power to prevent the publication
even OF the testimony during the OF the trial
they considered the rights Of the client III but
he knew they had the power to prohibit unfair re-
port also editorial comments thereon and he there
fore asked actonon that point other These
papers had pontedy and positively stated that there
discrepancy in the testimony given by Ann Mur
ply on the former and present trial. when the very re-
verse had been shown in several material and as
published in Of the morning Papers (meaning the
Herald) He did not mean to charge the there any
intention the part of the reporters of these papers
intentionally misrepresent distort the evidence Civ
the trial bat tn they had he would plainly show
before the trial had concluded. He called upon the
client from such undue and unfair influences.
The foreman of the jury and stated that Of
the jurors except one had read any OF the reports as
published in the morning papers.
The RECORDER said there was no doubt of the power
OF the court to prevent comments testimony by the
regretted thu, any Of the should So far have
transcribed their duties the njHnctons of the Court
on this point They should prevent it in fsture.
ENocH E. CAMP the reporter of the Herald here lose
and said he claimed exception from the remarks of
the counsel as also Of the Court all the material and
important points Of discrepancy in the testimony pre-
scented yesterday and the trial OF Dinger was cor
rectly reported in the Herald aud he called upon the
counsel who had made the motion to accord him such
exception. .ta1
DAVID GRAHAM, Esq replied that he scceded to the re-
mark of Mr. Camp, and was gratfed to hear him make
The being here ended the prosecution called
PETER JAooBs, one Of the city watchmen, who was
Ann Murphy, on the night the rspe committed,
ter he had entered the Cottage with her TO the par
ties who had violated her, when
The Counsel for the defence objected on the ground
that her statements could not be given evidence
The DlsrRIcr ArroRSEr then put the following ques
QUESTION When the girl took you into the Cottsee
what was done and said by her7
The defence again objected, and long conversations
argument ensued betw cen counsel.
The CovRr decided that the complainto the watch.
man by the girl was commenced in The street. and con-
tnued after they had entered the Cottage the District
Attorney had right to enquire as to the then
made nut the question as put by the District Attorney
was overruled as too broad
By DrsrR,or ATTORNEY Did she point out the place
where the occurrence took place
Counsel for the defence objected and the question
withdrawn.
BY Dn!mcr ArroRSxr-what did she do after you
went with her1
The defence objected The Court overrued the objec
ton and the defence took exceptions.
Witness then stated that she went the bar room,
and pointed out tn back where she said the rape
was Committed. This witness was not cross. examined
ALFRED N. COURTESY, one ofthe city watchmen, was
called. Similar questions were asked this witness,
whose testimony nearly the that the trial
of Dinger. The counsel for defence again took excep-
ton all that portion Of the testimony relative what
WELCOME w. KENYON called and sworn-I have room
part of the building in Broadway called the Cottages
tits rear building, consructedof brick occupied
in the third story; the first story in the
with the ground Broadway 1t is a cellar,
ing the street being filled up, and the house being
old In the refectory under the Cottage the
night of the rape when three came who appeared
to be somewhat excited; Hatfield was ofthe three but
long conversational debate here ensued relative to
the admission of testimony showing the and decla
ratons Of Hatfield the night in question: while in the
refsctory. .r....
The Counsel for defence objected and the Court
equally divided to its admssiby the Recorder and
Alderman Crous against it. and Judge Lynch ard Alder
Jones in favor of admitting testimony relative to
the acts Of Hatfield. ...r
II was then decided by the Court that equal division
allowed the admission ofthe testimony The Counsel
defence took exceptions to this decision, which were
noted.
At this PERIOD very genteey dressed into
Court and refusing to take his hat OFF Old Hays boned
him. but he still persisted in wearing his beaver Prince
John Davis walked him the bar when he denied that
he int (athough he appearedto bel and the
Recorder ordered .hm to be taken into the Police ONCE
WirSEss communicated was one ofthe three
think Dinger another; did not know Dingier AT
that time these passed through The cellar into Inc
back house; afterwards went up TO my room,
and then heard noise in the yard, though female
was in distress; she said il too bad to her So,
in his shirt sleeves endeavorng to force her through
the passage way in.o the street.
The Grand Jury here came into Court, and presented
number indictments and returned to the transaction
of further business.
Crossexamined by Defence-It was about FIVE minutes
from time that the three persons pass through
the cellar the room, before heard the noise in
three MINUTES; am not certain that Hatfield went
through into the back room; positive that he
here.
being three O'Clock the Court took recess until the
hour of four. Fern H.ar
EVENING SESSION.
At the opening OF the Court the prosecution called
JANE ScHEkMtRuoRN, colored woman, who was
sworn live in the basement under the Cottage and Keep
reectory there with my husband. know undesnnl