The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-26
Price Two Cents.
Court Of Oyer and Terminer.
Before Judge Kent and Aldermen Briggs and Cunning.

At the sitting oil the Court nineteen answered
tales of six hereupon ordered by the Court Twenty
four jurors having appeared the prisoner at the bar VII
liam Jones was arraisned The prisoner Is man O., low
about the shoulders with short neck. partially nclnng
forwards The comtenance was strongly and peculiarly
lips there was dark scowl about the brow and an ex
preston about the mouth and general character Of the
upon to assert his privilege Of challenging the jnsors as
they alternately took their places on being sworn his
color betrayed restlesness and Witness of expression
which showed much fear and the deep conflict that
passing in his breast He appeared to feel his appalling
situation good deal and his demeanor during the al,
for one occasion, he looked up if implorngly to
heaven, and shed tears.
The D.rHeJ AIronsIy opened the case, The prisoner
murder of James Doyle. by assaulting him. and beating
him with two stones, on the 9th September last, after
| and died.
| Thomas c. DovLr, examined by District Attorney
remember the 9th Of September know the prisoner az
the bar; remember the 27th Of September last knew
the deceased he died the 9th of October; was not
at the quarrel which took place between prisoner
and the deceased
MIcHAnL DKrx examined by the District At,omey.-I
knew the deceased James Doyle know the prisoner at
the bar remember the month of september last the
time OF the election was present at the corner of Rose
welt and souhisrees that occasion deceased and
prisoner Noke public house situated there the
deceased was in the house before the prisoner came in
when prisoner came In he asked by deceased to drink
and refused deceased seemed dspeased prisoner and
deceased had quarrel md deceased knocked the prso-
returned and threw stone at deceased which struck
him this near the corner door, which opposite
street saw tbs deceased, who was hit with two stones
on the head one u the stones struck deceased Oh the
head and third stone missed him and bounded the
floors after the prisoner had thus acted, said TO him.
cd, q" intend to do !" the deceased who
ed with blood. and went Tor Waterman.
that this should be convicted if could do it );
gave security to be witness and was In prison for 30
days. drank twice that night at Nokes was as sober
Judge, daughter when Jones said he was deermn
ed to kill the deceased he spoke loud did not say ex-
R,cu.pb Cionpos exanined-T was present at Nokes'
the time Of the Isaw the deceased struck with two
stones was not present on the occasion Of the hIst
row.
Crossenamn.d- The prisoner said to Doyle after the
appeared to feel il very much, and was in tears.
GEoRoE A. BussIro corroboraed the testimony Of this
witness in relation to the general character OF the row.
He saw the stones thrown
PETER sHr,Ax examned.-I am bar keeper for Nokes.
It was about O'Clock the evening of nth September
when Doyle 0he deceased) drinking with man Of
the name Rockers and some other men, Doyle and the
prisoner had conversation Doyle said he was an Irish
the prisoner and tnmbled him across the STOOL and
pressed upon the prisoner the prisoner cried out he
Hold old boy, will let you have il y and then he
threw pitcher Of water upon the prisoner After this
soner said he would not, but would drink at his
pense The prisoner then took beer, and smoked
withdrew This was in about quarter of hour after
the first The prisoner then returned and saw the
then struck the deceased again with another stone Alter
prisoner what he had done to the deceased he
cried said he willing to do any thing to save me
deceased This after we told him the prisone that
he had killed the deceased -
JAMES SMELL examined. II know nothing Of the row.
To Mr.. SAITH consider the prisoner man OF good
| character. , -.
hers he evidently laborng under compression OF the
he died the 7h Of Qcs9peI found wonnd
near the eyebrow; II was jagged irregular wound
took place before deceased had died. made post NOR.
TEN examination and Immediately lifting the scalp and
taking Oft the outer covering congestion OF the brain was
presented, which showed deep confused wound.
| Cross eramned by Mr.. sMIrH-Such wound might
i1em s Will
may fall down when in state Of intoxication his head
| this would produce congestion OF the brain.
DIR. ODorrELl-I saw tbs deceased the 9TH of Octo-
Der; he was anguid weak and feeble.
Dr. saw and examined mir the deceased the day
sion OF the BRAIN and having paralysis at one side
j THE DEFENCE.
Mr. SMITH spoke to evidence and opened the defence
He commenced his remarks by calling the attention the
jury to the fact of the prisoners being perfect stranger
in this city and, therefore deprived OF the ordinary
means of defence The offence charged did not come
within the scope character Of murder and the prison
could at ALI found guilty, the crime could only BIO
brought in manslaughter in the fourth degree The
line Of defence which he had principally to rely upon.
was the intemperate character Of the deceased whose
habits Of ntoxication and rregulary of living had led
this unfortunate consequence; and the jury might with
safety infer that the congestion Of the BRAIN descri
bed by the doctors may produced
drink; that fall might have resulted in producing
this wound upon the head The very nature OF the row.
deep and poignant regret the prisoner from the
the unfortunate occurrence took placehs tears OF deep
contriton-all afforded circumstances In mitigation
which should plead with the jury for his poor client
Mrs. HANNAH FAIaeHovE, examined by Mr.. SMITH
had conversation with Francis sheehan of the wit
nesses who has been examined heard him talk about
getting horse and being comfortably settled after this
trial saw Doyle after the row. he looked WELL he was
| BESJAM'N A. STARR eIamined-I saw Doyle after the
row the 9th September saw him the following
| an He voa an mi He looked
| well on the 2sh September.
Dr. 1T, % NJ b nes post %Ss h "nna
described. II the wound properly treated am Of
opinion fatal consequences would not have resulted
complaints it would in my opinion have aggravated the
wound. Wounds which Of themselves would not be dan
gerous, might be rendered by INDUCING in habits Of
noxication; such habits invariably induce aggrava
ton Of the disease and particularly regards the
brain.
Mr. smrn-I do not think II necessary TO examine as
character do not wish to unnecessarily take up
any OF the time of the Court character not being
| The District Attorney did not sum up.
His Honor JupGr KrNr charged the jury, and defined
| The various distinctions in law between murder man.
slaughter and homicide and then explained the nature
eide and ustifabe homcideaitcr which he went TO
explain the Of the law such should guide them in
" that attaches the degrees of crime coming
within the character of the offence which they
trying dwelling in particular on the ingredients Of de-
sign and malice prepense. essential to constitute the
crime Of murder for which the prisoner stood charged
iaCts OF the prOvocntlOn
to prisoner matter which should have much weight
with the jury His Honor concluded by directing the
jury TO give the benefit Of sny doubts tha may arise IN
their minds 10 the prisoner
The jury RETIRED and after remaining in for about three
hours they called out, and their names were called
over
The FoRxMAS said they not likely TO agree ana
asked TO be discharged.
lis Ho,on said that their hesitation matter OF sur
prise Court and gave explanation on the Pc
nalties attached the four degrees Of mansaughter
The Jury again asked explanation ms to the penal
~ that attached 10 the fourth degree OF manslaughcr
The Counr said the judge had discretion on such
finding
The prisoner found guilty OF manslaugher in
the fourth degree and recommended strongly to mercy
he Prisoner herrupon rendered testimony as to charac
ter and the landlord Nokcs spoke to the Court in avor
| of prisoners good character.
of these matters will be taken into account
| nv he Court