The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-07-04
General Sessions. 4
Before Recorder Tamadge. and Aldermen Drake and


M. c. PArrEasoN. Esq. District Attorney.
July 3-Iyiat for G.Gni Larceny lillian Walker, a
stealing The pursc Of Hugh Luckey, lc4 Eighteenth
street. ON the 23i Of February last and which contained
$l37 was put the bar for trial His accomplices had
previously been tried and the circumstances oi the
Ut the time fully reported Il Is unnecessary therefore,
report the evidence. III. jury found the prisoner
guilty and the sentenced the prison Tor
NEUTRALITY-SUSPICIOUS. Cunningham and Ann Barnes,
were then put On .isl indicted for manslaughter IN
latter prisoner, at No. 81 Cross street.
JsssiE STEWART, deposed that she lived in the
building and heard Cunningham and his wife, also Barnes
and his wife, who all occupied the quareiDg
looked through crevce and heard blows but did not
ing over him, who said he would not strike him while
down Barnes was intoxicated, his wife not, Leard
the cry oil murder Barnes was ing with his head under
the CRATE and complained OF has head Mrs Barnes said
Cunning ham was 10 man unless he gave 1t 10 her hus
band. Barnes had previously beaten Cnnninghams wife
Barnes said he enough you yet while he was
still laying the floor Deceased was a sickly and
weakly and died the following day after the quarrel
JOHN STEWART sworn-Heard the quarrel but
which seemed to be the subject Of the quarrel Barnes
was intoxicated and very quarresome when in that
state. Deceased showed witness his head afterwards it
was bloody.
SUSAN GRANAHAr sworn-Lived in the same house
with Barnes and his wife; saw Mrs Barnes aim blow
with stick Of wood, while her husband lying on
the floor but could say she struck her hus
band that the blow intended for hm. They were
quarrelng. Mrs. Barnes dressed her husbands head
CHARLES TURNER Heard the cry Of murder !;
into the room, and Barnes lying the floor
and his wife beating him with stick. Barnes died
the following day.
DR.. MIDDLETON GOLDSMITH sworn-He described the
nature Of the wound made post norton examination
considered the OF death occssonrd by e
fusion OF blood to the BRAIN The wound have been
inflicted by blunt instrument falling hard sub
stance the external wound not in itself sufficient
produce death the heart enlarged, the liver fatty
and the lungs diseased indicative that the person
drinking the Of death must have been the
suit Of blows and not a common case Of apoplexy.
Al this stage OF the trial. Mr. r. WARNER, who
counsel for CunniD gham moved that the Court charge
the jury in the of his Client there proof
tn he struck any blow and asked for his acquitta
The CouRr charged the jury, but they preferred hear
ing the defence;
Mr.. r. s. WILSON counsel for the female, Barnes.
Mr.. WARNER then called a witness, Mr.. Michael II
Walsh who testified that impossible for any person
outside the to who within, and the jury
thereupon acquitted Cunningham.
MIR. WILSON made an ingenious Defence and called wit.
show the situation OF the premises and strove
prove that there motive for the wishing
to infct deadly wound the person Of her husband
the contrary, that she sent for physician finding
that he was badly wounded
The jury found the prisoner guilty Of manslaughter in
the fourth degree and the Court sentenced her to be con-
fined in the State Prison for two years.
Adjourned TO Friday at II o'clock, A. NJ