The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-12
County of Kings General Sessions.


Judges Vanderbilt, Smith, Bergen and Marerne on the
Bench.
BRooxLrN JusE ll.-Willam IL Miller was arraigned
for manslaugher in the hid degree, the person OF
Thomas Carnsghan the 23d oil March last, Ia Fulton
street
District Attorney MoRE opened the Tor the prose
cuon IN very concise and ciear manner 1t consisted
mainly in statement OF the following facts On the 2sd
Mach last the accused attended an auction 81 the ore
of Mr. Todd Fulton street where le deceased then ived
IN tho capacity OF porter Prisoner bought some urtoies
Among them some KNIVES and FORKS ana a Niolih-"ih
which lie lett sppai.p 60 home shoit ume alter
he ned excited and told Mr. Toad that his ser
vunt had threaten 10 violence tow ards
him, AID expressed hls DETERMINATION 10 Iess NM la
little he out again aud met tarbaB6on on the
sdeway where sirugga entued III winch the de- eai.d
Thomas tarnae han, received mortal wouna ON The
knie held in the hand Ui the prisoner, W H. Miller h.
Che District Attorney OF the belief tut previous
grudge and bad feeling existed between them out oil
" h,ch this unfortunate occurrence arose.
Dir. CooHnAN examined is physician in Brooklyn
On the eing the add ui Matcn last called 10
| examine tue condition d man Who was ~ the drug
store corner OF Name ultvn streets lie iound hs
clothing the Leaf side soaked win hiood Oh I.mov
winch there appeared wound Oh ME side about on in "a
length situated between the eighth shd ninth rbs IL
| oi opinion 1t was inflicted BY shaIP instrument. The
palIent seemed 10 be much Frustrated his prison Was
coid, aud The pulse hardly pec.Iubie DRESSED Tie
wound tina, ng,t, and the heat morning saw han " ICE
as hen hu iound HIM better On returning 10 STE
quar.r past nine, found him DEAD WA pestnl
at 4 post nCrtm examination OF The body The WOULD
DIS ound to bt about u long and ABOUT inches
deep; perforated me diaphragm, separating the uipti
hir OF the spie.h anu teimina,d III the lower par o.
the convex ,d5e vi The stomach, WHICH ON tXamnatiVi
escaped. Is vi The opinion that that wound as me csuAt
Vi his death.
wound dow ards, ana towards the night side II
appeared 10 be with edged and pointed nstTu
ment the ninth rib tWothir,is separated lWHness
here d-scI bed the csy OF the ounJ Deceased va.
an athletic man. apparently about 1--WE i.et nine inches III
height.
Dr.. DiKEn examined Is ply sician the deceased
Thomas Carnagh han, dead b.d MIR WI:ghts, cor
Pearl Concord streets; was present at The eAa
above differed little from DR. Czech
ne 8
rather the pendg part Of the Inferior Por OF ia,
stomach that wounded thinks the wound caused Gar
naghans death; no other cause apparent.
LrosStIamin.d-lh he wound, II continued IN the SAINT
direction woud have terminated about TIVE inches to thu
night OF aperpehdcnar line drawn IRON the chm dow nih'
person. and low the navel and was probably cause
by instrument like that produced IN curt caiv
ing knife here exhibited about inches long in IL.
blade, and arter inch broad it was that used by
the prisoner in the inciion oil the wound and deadly
weapon 1t was
GEoRoE WRIGHT sworn Resided at the corner OF Con-
| cord and Fulton streets, on 23d of Maich last. Knew
tho deceased. 1hos Carnaghan he was boarding with
him Carnsghan employ ed at Todds auctcn store III
Fulton street. porter he died his (Wrighs) house
quarter past the oath of March last, where post
norton examination was held on the body by Drs Cooh'
| ran and Dker.
JOHN BunRKL examined.-Lives in BROOKLYN next door
TO Todds auction store, in Fulton street Knew Thos
Carnaghan when oyed by Todd. About lO3 or IL
O'Clock the evening sf the 23d Of March was gong out
business and saw Thos Cunningham, who seemed 10 b.
very much frightened Saw Miller the prisoner at the
time going towards Henry street pretty fast Carna
CHAN was coming in the opposite direction They met
/ about twenty ieet from where he (Wnntss STOOL saw
Miller his right hand in which there was something
that appeared to shine his lett hand he had vlo
which lie held up in the same way. Saw his hand de
scending; he appeared as # going to strike with bod.
hands Thoma Casghan the deceased raised his hands
also at the and struck Miller the top OF the
head ard Knocked off his hat Went up and asked wha
the matter Canbghan reeled up and down ard stop
ped opposite his (witnesso window Miller picked NJ
his hat MIR Todd asked Miller hat he had done to Can
naghan; he held up his hat and said see how he ha
abused me He then put his hat and walked mp Hem,
street Saw no blood. Todd took Carnaghsn by the arm
and asked him what the matter, ing, cant yo'
speekr Carnaghan replied, "dont you see p Saw
blood down by his left foot, but was cot aware OF III
cause Saw the wound afterwards 10 the dIng store col
Of Name and Fulton streets Miller was followed AM
brought back again
C,oss.eromned. When Miller and Csmsghnn met the!
did ciench in with each other but one blow
struck by each they at the time, both hand
up at they met about l6 or IS feet from the orDs
vi Henry street Carnaghan was coming from that
ner unusual pace Miller walked of deliberately
when first saw the blood, thought il might be from Ca
naghan's nose every thing took place ns'antanecusy
nj quick that there no tim. Tor second blows
Mrs. GouGH examined Resides in the city on III
23d March last coming om maj ct shout half pa.
towards Pecks store saw two men, one OF whom appear
to he III liquor and supported by the other who seemed
hold him by The arm saw tn. man who seemed to he n
liquor raise his lett and knock of the others hat
hey then separated Miller had violin in one hand
With the other no pushed up paper parcel he had " Dc,
his arm, when he separated the other tn,
latter round and shrug up his shoulders and give
| groan heard Miller say he had lost hi. hat cav hin
pck it up from the walk Miller walked away toward,
ll.nry and the ohtr to ards Mr. Todds - I'm
ply TO question from juror the witness stated sL'
| VAS ceitain 81 the identity OF niller)
| Nothug further was elected from this witness on tb,
cross. Naninsticn
ANs1rs, clerk at Todds, testified to Miller hsvinp
ssed the knife and other articles at the time spec
I'd. he prosecution here closed
| Nr ROCKWELL addressed the jury for the defence II
udsd TO The fact OF the prisoner having as,opg array
Of counsel and informed tie jury tbat the Circumstance,
The prisoner did not afford remuneration that The
vices OF his part solely gratuous, and that he W.
induced TO undertake his defence by knowing his exc.
L Iputc q !.
her and friend aso from HE good fortune III being &c
1uainsd with Of his restives who, altho up
not rich possessed of higher and TO him lar
esfImsbie qualities, fair and unsuilnd fome Mr.. i
commended that the law fully justified the act of vbc
he prisoner stood charged aud tho case WINS ci iedI
shn the limits OF the legal definition Of UNSUITABLE HON
eide He DID think requisite TO deny that the d,
rased lost his life hy with Miller but that
wss his act the result OF an attack npon the pone
ising out Of muee preptnse In support OF this allie e.
ion, Mr.. r. dwell upon his excellent character both u
he country OF bis nativity and adoption, and with mucl
ingenuity and address, viDdicated Ms Glen, from H.
grave charge of being guilty Of the sensuinary act
manslaueh ter.
TIE evidence Tor the defence was offered to sustain hi
representations Of the character Of his client Miller.
JOHN L.ME eSamned-IIas place OF busn 81 at s
Fulton street; the 20th OF March last standing
his door nearly opposite TO Todd and Miller leavi
Todds with bundle under bis arm, heard him cal
iug ont "Kecp off keep OF" Saw maa between Hive
and Barnes store pouuce down at him. and strike a, Nil
Ter, who incning away from him towards the curl
stone asked what It was ana saw mat Cansghan wa
man;n Miller said, Z" ls man to be insued in this kim
of way in the street1"
| BRrpcEr DoNAuuE testified that being domestic IL
Todds the time of the Carnashap. h
decreased the evening Of tho lJd OiMGch he asked h.
TO hold the candle for him lille he carried chair
from the cellar up stairs thought he had taken glass
and said to him in fun, you don't quit drinking, n
never be yours" heuepsd, he had ONLY taken gisss
So and that he'd fix somebody tonight" this sbou
an hour before he was hurt.
| Geo. Hail. Henry Nelson, Iavinia Miller Mary Miller
and Mr. Lane, all gavea high character Of the prsone
Miller for honesty src. sobncty industry and proprety
| Of dsmeanor.
MIR DlKsms in speech of great power and ingenuity
defended the accused coniendny that his charncer
the law and facts OF the strong ely in favor
Miller, and lett ground ON which a conviction cout
be procured.
| JupGr VAvprpnrLr charged the jury upon tho lew o
the dwelling principally upon the obligation TO Civ
the prisoner the benefit of any doubt tina, might arise
their minds.
The jury retired. but when our reporter len. at 1
O'clock NJ they had net agreed. The prisoner sreme