The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-31

Before Judge Kent. and Aldernen Bunting and Jacks

Before Judge Kent and Aldermen Bunting and Jackson
DEC. 30.-D.inquena Jurors seventeen Jurors
fned $40 each for attendance tales were ordeied
MURDER TRIAL.
William Armstrong then placed at the bar charg
ed with the wlliul murder OF James Claudsey, IN July
last IN the ninth ward IN tina city, BY ssobing with
NJ q. PArgnsoS Esq District Attorney, asked permits
Of the Court be allowed 10 ask the Jurors on being
sworn whether they entertained scruples as to ind
ng verdict guilty, where death would be the penalty
in OF murder some OF the Jurors answered afhrma
lively, and were excused from serving Three were |
TIE following were then swom-Frsncis Barrett vii
liam Connor, John Power George W. Bogert, Charles
Rose Louis w. Holmes russell Dart, George Greenley
Chatles Aiphonse Danl Conover William L. Saunders
William shannon. The prisoner was then arraigned |
H. Ia How sized oil rather rcpulsive sspect-the
countena3ce betrayng expression OF strong passion
and natural irrascioty Of tempero about % years OF
age. HIS wife with him IN the dock
Ma PHLrs stated the case when the nrst witness was
called.
lived in July 40 Bank Street know the prisoner at
tue bar he lived there in basement in July last
knew Caudsley the deceased he was pasterer saw
him wrestling with the prisoner Friday in july
uaudsey had piece Of square wood IN the front VI the
rear stoop | was with ham Armstrong came up from
sement with a knife and rushed NJ Caudslsy he
fing the knife .way-and his wife Mrs Armstrong TOOK
collar and Ciaudsley caught him Armstrong called
him CANNED pup" and said he would light him Arm
strong walked up and down and threatened revenge
struck Armstrong also when they were together
A man named Robinson drew Armstrong OIL Ciaudsiey,
| and Armstrong then said he damned pup" AIM
| strong then into the house, ami brought out a
knife asked him he meant TO stab dsey Clouds
| standing outside the thus time ana ne
subsequently went into the house. He was IN the hall,
| and ! observed his pantaoons-they were all bloody
the thigh then went for Police Constable, and
found Claudsiey the floor, lying down. subsequent
/ ~ the bIdy when he was dead Claudsiey was
about is years Of age He vas stout built but OF low sl
tor his age attacked Armstrong because he attacked
me. did not see the blow Infected saw the rush.
C,oss-eramined by Mr.. WHirSo-l was born in Scot
land and TO TINS country year ago last embef
lived with Robinson he Is pissterer Armstrong IS
laborer Armstrong and Robinson not friends The
object OF putting the piece of wood was TO make
bed OF it for Robnsons children the board iying
one end some bricks that were in the yard, and the
other on the stoop Armstrong rushed into the yard
Ciaudsley did not see him s,as Claudsley / struck
Armstrong on the head mrs Armstrong came out o. the
| while engaged with Armstrong Caudsley was
down and AIms,rong was down hit the prisoner on
also and Mrs. Armstrong caught Robinson Arm
| strong then said he would fight Robinson This was
armstrong threw brickbst Clsudsey after he nm
| srong) came out OF the house. and guess Claudsey
now say that was Armstrong that rushed at Csudsey
| have a slight memory, and think that i was Arm
end my neig hbor Armstrong at the said he would
| 20 tor officer; Mrs Armstrong was crying ARM
went down the alley and said woul 60 or officer;
Armstrong returned and struck him On the head tins
The third time csudssy and h A%sno .a tins ms
knife his hand he standing with his back TO the
coal house and recovered from the blow ID, not know
what OF knife it wa whether II Claudseys
knife not Robinson lived on the first Moor; l had
difficulties with Armstrong before.
hack the last time his shirt, and threatened to hght
Robinson.
The osrita July last, and died on the 30th; *
| amined the wounds; he had two wounds on the abdo
the lett thigh the ntestines protruded the
wounds were a little inch In size and were what
called ncised wounds such as are produced by
knife; the liver mad been wounded his death was caused
hy animation occssioned ny these ouDds informed
| him that his wounds would occasion his death
The depostion OF toe deceased taken by DR. Rawson
on July rendered In evidence, and the Dr.
also produced The stand after some bret argu-
| nents 90 the a1misshly Of the W rtTn declaration
aiken by he Or who - Cofoser Of the county Dr. Raw
son examined an Coroner u th. cit,i held an
anti morfem examination q .i.aasiey Mr hassu was
presen, this pspei ere asndsd I'M copy Of the ex
| amin OF q audsley taken srrem,s; D. Jones was
also esen, The paper nst beng hs original under h sns
ience from his own lips and put down what he SAID .
The original declaration was here indsd IN and wit
ness allowed 10 read II TO refresh has memory
Mr.. WHITING objected.
l CeuRr overTuled.
WIrNEss-C laudsley said, he believed he was dying.
The paper hold is Claudseys dying declaration.
Cross sramin.d swcre jury hat sat round the bed
declaration to his condition before he was
gave the counsel for the prisoner Mr. Haskell
the privilege Of putting questions took down the evi,
itnce, making no distinction between the direct ana
| cross examination.
Mr. PATERSON here affirmed the document referred to
: | rs the dy ing declaration Of the deceased.
Mr. WH,rise objected and commended that the paper
howed deceased considered himself in dying con
i,ion undng his belief the opinion OF others and
OF and therefore, could not be considered
After some brief argument between the Drs,rcr au..
noy and MIR Whiting, as to the admssibty Of such an
| instrument evdencr
The CouRr rniad IL out as a declaration in erfremis
Mr. JONAS PHiLLirs testified 10 having been pr, sent
during the the deposi,ion # deceased vas beng
taken down, and thss ne in very anguid condiiio
Mr. HAsKkTr testified TO the fact OF his having discon
inud tn Characterization oil accused In consequence.
Mr. P.rsnsos then objected to the paper deposition
ground OF the examination not being hnish
| I'd, and therefore that il was incomplete
DANIEL II TunsER was present at the time Of the taking
If the deposition when the was IN very lang uid
CONDITION | know the prisoner, have HIM IN
i q
Ds JoNEs recalled considered he gave his answers
Or. RAwsoS rec lied Deceased appeared TO compre.
| bend the questions fully.
Mr wan,so then required the objection for tn
| omission of the d. position to be noted. The
objection finally overuled by he Court and the de-
position read, and confirmed the testimony already
aiduced with the important addition that the wounds
| we're inflicted by the prisoner
| Mrs RopirsoN then and testified to having
the affaythat Armstrong came up and Kicked th'
hoy. MIR Robinson take hold Of prisoner and hold
HIN after he released prisoner threw barrel in ih.
direction Of the parties and sad he did not want 70 nigh
| .h Robinson Prisoner pulled cf MS shirt aud threw
brick Ia the direction Of the boy. Robinson had then
| hem he sferwarss wen, 10 his own house. Prisoner
xed Clandslfy to fight him. which he refused Prisoner
Ssid he would nave ms Ievsnte ,iauoy 90
% the stoop with the prisoner saw prisoner s,'ik'
loudsley then observed him have knife IN The hand
ne struck with this was about zen or h'esn mnu,s'
alter his departure wh,n he made use 81 threats No
blows given Wills walking up snd down the yard
him strike only blow. think saw the appear
| OF mud where Clsudsley was struck which on ex
| animation found 10 be- blood
| Cross-eram,ncd by MIR. WHIriso.--No bad feeling Be
tween my husband and Armstrong existsd-no contro
yersy while taking tea said something the DO.
about making Noise. when Armstrong came up J SEN
| out my husband TO prevent any quarrsbirg NO blow
| was struck until Rob nson ont Robinson did not
strike prisoner Armstrong took on his shirt, having
previously thrown q brick bat o. the boys head Ih'
Drck went very the boy head cannot FAY whether
Armstrong struck not Robinson dill not at any
time hold Mrs. Armstrong md encourage the boys u
| ,trike Armstrong After the brick thrown Arm
| strong vent home - saw HIM take an axe ~
| The purpose Of breaking through the soop the
/ Dux a mai b.af prieo in he
| hack, no attack made upon him. Cisudsley was
'snd ng the stoop when Armstrong came up 10 hin
Did not 20 out before my husband Never made any
| threats as TO how would swear against Armstrong
Ds. w. BAh~Es was sworn and testified that he exam
med and dressed Cisudsly wounds after the row-they
appeared TO have been caused by sharp instrument pro
| baby by shosmaker's knife Did not see Armstrong