The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-16
Court or Oyer and Terminer.

Before Judge Kent Aldermen woodruff and Emmons
being the day set apart for the trial O; this case there was
the usual large attendance Of spectators at the opening Oh
the Court After the usual preliminary formahtes the
prisoner directed to be placed at the bar and informed
by the clerk OF his rights to challenge &c lie
young looking man OF Inexpensive features sandy HAIR
and considerable of beard at tho end OF his chin lie was
dressed in dark Clothes with very large satin scarf
round his neck, and cloak His counsel are Tho
Warner and James L. Brady. The District Attorney
appeared in person to conduct the prosecution The
panel summoned to try the prisoner was exhausted before
the requisite number had been The following Ju
rors were from the regular panel
James q. Wood Owen jones' Joseph +. Chambers,
William II. Stinemets, George Palmer, samuel n Hyde,
Henry Raymond, George w Rose, Ferdinand Martin,
Cornelius La Forge
Eleven jurors challenged by the prisoners
sci percmporly and twenty Jurors were rejected as
having formed opinion pejudcia to the prisoner The
District Attorney then prayed for two alesmen-when
the Court ordered the sheriff to summon talesman
from the body ofhe county and expressly forbid the
summoning officer from selecting the jurors from the
room, where the court sitting
The Sheriff brought two talesmen who were rejected
for cause Two more were ordered and one OF these had
conscientious scrupies third time the sumnonng
officer retired and introduced Quaker named stephen
Weeks who being affirmed told the Court that he would
not satisfy the law unless the juror could say that his
scrnples were OF such nature as would prevent his
finding verdict under the evidence because by that
verdict the prisoner would suffer death. The Court
could not release him from the duty Mr.. Weeks said he
could not assert that under his affirmation and the Dis
trict Attorney making objection, Mr.. Weeks was
sworn and took his seat with his beaver on The next
was James DAILY who not having formed an opinion,
The CLERK then read the Indictment charging the
prisoner in four different counts with the murder of Ann
Lega by smothering her with bolster pillow bed,
substance to the Jurors unknown. To the ndict-
ment the prisoner pleaded not guilty in faint voice
The DsTRIor ATTORNEY opened the case to the Jury,
end adduced the following testimony
WILLIAM HiGISBoTnAM examined by DIsrRIcr ArroR-
bar; occupied the store the house door,
1906 but rented the dwelling part OF the premises over
his store; think he went into it about May; never
Enay hal ht had anIIv hta
know her before the MURDER used to have people
to work. had been in his premises before the MUIR
der but the cot i'll the yard Here the prisoners
counsel got up and objected to the witness using the term
IN urder, in testimony.
Examination rtsunped-The store is a long mar.
row place, and should thisk little lower IN
front than in back there sort OF shed ran out
which had no partition. but there beam separating
the two apartments; saw two counters at which they
used to cut and shop board across before the win
dow in the rear, leaving the passage way clear there
a way out through an alley the to Grand
street could not say how often had seen the deceased
before tho occurrences she was lady OF 80 or 35 never
saw any children
Odd they live happily or otherwise
Question objected to by the Counsel for the prisoner
and argued pro and
Examination hesumed.--The fire occurred about half
past o'clock A. Nj went to bed at No 46i on the night
previous at III o'clock should suppose heard nothing
until gentleman the side walk awoke and said the
next house fire ran out at the back and saw the
in the door and window to give vent to the blaze then
got another young man, and we brought water IRON the
cistern which extlnguished the flames; then saw the
body, and said, poor things, they are both burnt"
then went in and saw ii only the hands and feet
were both burnt and the hands were as if they had been
clcnched she Law on her side on cot which had either
burnt down or broke down; there pillow across or
her face the Of her head not covered but
was as high as her nose the pillow was partially burnt
the cot between the and the front door Of the
store.
Here wooden model OF the premises was introduced
by the prisoners counsel which the witness explained
the localities of the stove, cot &c
Examination resumed-The paper which hold in my
hand is diagram which has the position of the cot cor
rectly markcd no blood about the body remained
in the position until the physicians arrived; when
broke the skyllgbh back aoor slightly fastened
think the nosng of the lock off and the door was
fastened by nail the flames principally from the
front of the towards the along the brick wall
next our house the principal part the fire was at the
head of the cot which stood about two feet from the WALL
the cot was down the floor which appeared to be much
burnt the floor had been broke in and repaired no.
tced when in the store and in those places it had
burnthrough it much burnt that the wood had TO
be cut away in order to repair it the holes were big
enough to put mans fist through do not think 1t
burnt between the cot and the stove which stood
piece of sheet iron it round stove of sheet iron
bottom. but could not say il in out saw it in
the yard afterwards 1t strikes me the woman lay
bed she had her under clothes and part Of
outside dress her shoes and stockings not when
saw her; ! saw no blanket nor coverd saw no one
in the building when got in; think Justice Matsell
and the officers came in through my house, Freame
might have in first do not know if saw the pri-
the day before not have recollection of see
ing him until he was brought prisoner; suppose that
was about IL o'clock; he speaks good English have
| been in his shop and bought some articles of him.
| Q-What sign was over or on the door,
Question objected and overruled.
WTNEss-All that remember of 1t is, that the name Of
| Kaulrush, tailor" was up over the window
Odd you Kaulrush there before this affair, and
when
| Question objected to and admitted.
WrNrss-I could not tell when took no particular
notice him leave by the alley way in Grand street
| twice more some weeks before.
crosseran,ned-I have been in the prisoners store
know OF no dwelling that he had his wife lived in the
back part before the fire she did not live there from
May | could not say she very incorporate wo-
man she would drink little, but | never saw her
| stagger.
| Q-Havs you ever her intoxicated
A-Thon Pm to Judge Of what intoxication isl Well,
have her under tho influence Of liquor, Judging
from her eyes; II slightly that am at loss to
what was after they first came there it was frequently
but before the fire thought she attended to her bust
ness better and was more steady cannot say how often
her during the last three weeks before the fire;
more than three times certany was IN the store ana
talked with her; did not during those three weeks, at
| any time see her under the influence of liquors the
wall next to my store is brick but the inside OF his store
wood; went to bed about II O'Clock, and heard no UNI
usual noises slept in very small room and not dis
turbed until the noise about half past six, of fire.
Judge KgNT-ln what month was thisl
| DsrRicT ArroRNEy--O On the 10th of October, Sir.
WrNEssAs stepped out ofmyroom, went out on the
piazza which joins the roof the prisoners place
the yard but cannot say in what way the door was
fastened, but think it with two nails; did not ex
anime the lock- but saw the nosing lying at the door
way; there large nails in it, they used to asten The
door with n stick it, but did not notice the lock;
more frequently went in the front door, than the back
have the wife of tho prisoner go out the back way
and also Kaurush but did not the prisoner go out
that way; in the back part OF the store about week
before this they had three lights altogether two hang
ing up and one portable lamp which they could carry
about; lamp suspended peg near the sky
ghtthcyburnt spirit gas camphne the morning after
the fire saw the officer filing lamp from can OF
spirits which there; had not seen it before no.
tcod chair, but marks of fire on it, saw
chair bottom loose, it was hair seat, but do not
know II II laying apart from the frame. had more
than boy to assist in putting out the fire. which
took about five minutes to cxnguish, alter had com
menccd throwing water There was much fuel in the
stove but it not very hot; threw wotcr on it, and
knew from the noise and steam that there some fire
The sheet iron under the stove pcrfcc do not think
the under the burnt except from the heat
which would como from the stove; to the best OF my
knowledge there coal or coal ashes under the
stove; found charcoal about the fireplace but
could not say IL it had been gnitcd or not believe the
officers not present when threw the water on the
stoves had TO 20 TO the ostern for the water the right
hand OF the woman rather out, ond much burnt; ]
cannot rccoec IL the lcft the pillow not, the