New-York daily tribune., 1845-03-19

Before Judge EDxoSps, and Aldermen WISsaI7 and DICK
CASE or ANDREW KLEIN
Mr. Porter aided By the Judge Of the Coun-
Sci for defence.
In relation 10 the alleged insanity Of Klein The phys-
clan and keeper the City Prison have opinion
that he is insane Persons who knew heirl previous
70 the commission CT the act have spoken TO the District
Attorney. The gentleman for whom he worked about two
years ago (Mr. Bowdoine cahinet-rakeT in BEoat~ay)
stated that he LEFT his employment about years under
peculiar circumstances. he LEFT work partly finished
Ing that the wayayng him with knives, &c -
One day he leaving the shop. man in the shop
merely looked at him. when he became enTaSed ard took
up stick of wood, and would probably have killed the man
| Ii he had not been prevented.
Judge Edmonds stated that he Lad heard two three
weeks ago that II alleged the insane and
sdered sso what had bettepursue On consult
ing with Justice Beardsey Of the Supreme Court, he finds
there ways in which he proceed either by ha
wing commission OF physicians pass upon the insanity or
BY jury especially empaneed TO Try his present sanity or
insanity independent Of the crime OF which he stands char
ged He has concluded adopt the latter rule and jury
will be empanelled for the purpose =; an early day.
The trial OF Jones set down for Wednesday.
TRIAL OF JAMES EAGER,
CHARGED with the murder of Philip Williams.
This called on and the prisoner placed at the
bar. The OF Jurors called and 81 answered
The District Attorney (Ar Patt,rson) appeared for the
prosecution and Messrs James T. Brady E s. Derry and
E. j. Porter for defence,
The first juror called was peremptorly challenged 5fr
Brady stated that jurors sometimes take offence at being
challenged but they should do sometimes the
tive for challenging is complimentary 70 the juror.
The empaneng OF jury then proceeded, and the panel
exhausted when 10 jurors had been sworn The prin
cpa portion OF the Jurors challenged aside perenp
tory but others from conscientious objections to taking
life. One of the jurors (Mr. Segbury) rather
unwilling TO be so. He stated that he endeavored TO vea
Scrptura life The Saviour has said eye eye and
tooth for TOOTH but where has he said life for life.
II compelled be however he would respect the
law aud his oath, far to find verdict OF guilty If the
testimony fully IL 0ne OF the jurors aside
for conscientious ,crupes, stated that if he
would nG verdict guilty. would he against the
law OF God which he considered paramount TO that OF
The following jurors had been sworn on the panel becoming
exhausted:
Ora Owen. James Sedabary, VIM. Rankin Benz. Tread
well, David B. Hunt John G. Brown, James Cowe, VIII
liam Ross, Patrick Flood, David B. Keeer.
The Sheriff then ordered to summon two alesmen.
Aier the relapse OF time Messrs. William Adams
and Lewis Colby added, and the jury completed.
The Clerk, (Mr Candevoort then read the indictment,
charging Eager with having stabbed Williams the 18th
December last with knife. nfct!ng upon him. In the
breast, wounds of which he instantly died.
The District Attorney (r. Patcson) then opened the
the jury. Early in the morning OF lth December
Williams got up, and the man with him. The man stopped
get glass Of water. Williams went out, but instiny
rereated back into the room and exclaimed, Eager has
stabbed me- He fell and almost Instantly expired. The
prisoner stated being accused Of IT, that he wanted to
kill one person and then he would die happy.
The testimony OF Patrick Kavanagh (who now absent
at sea- read. On the morning Of The 5th Of Dec. last
saw Eager and deceased st l2l Rooseveltstree was
called out OF bed and stairs. saw Eager stand
ns looking at Williams who was lying on the floor In Ke
Tvs ROOM watched Eager and finally seized his right
wrist his right hand being in his pataoons pocket. took
from him jac-knife, which shut, but there was blood
upon It. said TO him, Is not this shocking sight He
said he mad good for it. that Williams had been III
the house with his wife all night Williams lived In the
third story l2l with hi, little child, and Wild
Eager did not 1.-Two there He resided at 3O Water
street. and his wife In Water-street told
EaSe. him. and took him, assisted by others,
to the Police Office. Never Eager Williams together.
They worked along shore In the same kind OF business
have seen Eager, At times worse for liquor.
Martin Aiken Reside at l2laRoosevet-street.
was there the night the man was killed. boarded with
Kelly who had wife and two children, and who occupied
two rooms There entrance only to the main room;
slept in the inner went TO bed about W o'clock
the eveying before slept with Philip Williams, who also
boarded there and who went 10 bed at the same time that
did Williams uot.intox.csted. He got up about 20
minutes the morning ant SAID lie felt rather dry
He walked of the front door into the entry 10 20
down stairs. standing at the table, when Mrs Kelly
said TO me- Martin why don't you go outside and hear
what that? The door was partly open and went
out and saw Williams and Eager together and Williams had
his hands each shoulder of james Eager who was trying
to dig underneath did not see the knife at st parted
thcm and Williams backed into the room and fell down.
and put head against the side ofa high chest just as
he was falling he said James Eager has stabbed Inc and
killed me- am gone These his last words. said TO
Eager YOU have killed the man-the man is gonc-he Is
dead Wel replied Eager want TO take one more life
and then win die happy saw the kniie after iliams
backed in cano with the candle, and saw the knife in
Eacers hard-it q small Jack knife. saw blood up
on II rThc knife was here II is pocket knife,
with strong shnrpponted blade, and was recognized by
witness having been the belonging to Eager Had
seen il with him before. When stood talking with Ea-
ger he shut the knife and put in his pocket. man that
boarded with Mrs Donne the lower part OF the house,
first came up and then Patrick kavanash came hovanagh
said TO Eager o citlzsn OF the United States and
bound TO arrest him. Eager and Williams were the only
men the entry when went out He sent Tor the watch
men, and number Of persons had assembled when the
watchmen took Eager away Williams was Jast dying
when the watchmen came. Eager did not seem TO make
any resistance when arrested.
Cros,-eraminsG-I hive been in the United States Is
years am native OF Ireland were also Eager and
Williams; Lad known Eager about years ana iiaihs
or have been bostman during the 10 years, ana an
so now have seen Eagers rife az the house In Roosevelt
street: Eager with her sometimes; expect she and
Williams acquainted with each other they usei 10
each other by did not see her there ihe even
ing previous 10 this part of the house
Nr Kelly and his slept IN the front roor which opened
from the entry Williams and myself in the back room
first saw williams tho evening before In the grocery be-
low did not Eager there or in the house the evening
Before Eager said Kavanash. alter he arrested hln
that he need not bo afraid he was not going away-hc
would stand his ground. As Williams was backing Hiso
the ROOM he exclaimed, Jenny you have stabbed me
am gone" Williams leaned over little, and the blood
sushed out from him got the candle and saw hum.
said 10 Eager you have killed the man: He replied, -
want another life besides and will be willing TO die for it.
II was not moment after Williams went out that heard
the noise and and saw them They were wiihin
two feet OF the door,
| The Court then took recess On r.-,sseabling-
Mr Nicholas MiIlett ,wom-Held post moftem e1aInl-
nation the body Of Williams; there yrTe three 09n &
maui and no dsnb caused his de vOund.
reached the heart but did not enIer far the third was III m
| abdomen. - =. -a..;rad
the katie here shown the time OF the Coroasfs ihiaesl
he-r were some marks OF blood on II hsn Co9ooi1su
the testimony Of DR.. NJ and also showed Pefs ot INC s'
of the deceased which perforated by the srao.
| 3,nnsa Hoodtur Eworn.-lt TatchnAn' Was neaf tne
place on The morning alluded dark and slny saw
r,n nninc uut Roosevelt.st cryiGg our :" atch'
,.J The ,tet asked what the NATTER he aid
man had ten murdered up knocked on the siGe
x,IE for u,y psrtrer and On get;rr on he
.ndipg heard som. He IS secured Finding tia
h. rer,on had b.u arrested passed 10 where lay
on his left side he asped twice and ded stepped
IN POOL OF blood which alongside CT aim took from
be hand, of Kayan,sh and another the person they sad
had killed him IL the prisoner at the bar On gong
down sar. asked Eager how he came to murder thai man
| n. aid Wben get dowr viii tell YOU When 10 the
tr.t he said his wife the with llaS that be
went u ia the evening admtt.ncr but could pot
He heard her he said talking the understood him
to mean Williams apartments He said not getting admit
sncc he the and canc. Not hay
ing any matches he took the candle lighted and d not
anancs thea he set the light he said down the hall end
csme out TO get wstchman assist HIM. Not hncng any
he returned and found the candle had been akea inside There
was no light there uniertood him that he had
manned there will be positive that he said then
asked him even II his wife had been there would have
ben better TO have let her than have murdered
which would probably him his life His rely
the deed done He inmated that &c wished the life OF
another or he would die satisfied He did the
p,r,on whom hz The knife here shown
bv the captain Of the watch VINO