The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-17
Court OF Oyer and Termlner.
Before Judge Edmonds, and Aldermen Henry and Sea.

Before Judge Edmonds, and Aldermen Henry and Sea.
man.
M. C. PArERsoN, Esq, District Attorney.
May 10 Case Of Murder.--John NJ. JONES' native of
Wales rather respectable looking man, well dressed
with mild expression Of countenance, was placed at
the BAR charged with the wul murder Of William Liv
ngson, "a colored MANI by stabbing him in the neck
with knife in Canal street, the night Of 18th August
1914.
Messrs. BRADY and WARNER appeared for the prisoner
wish to have understood that intend to challenge
each juror who presents himself to the favor and to
naye also understood that the district attorney VIII
Mr. PArERsoS.-We have no objection at our side to
get jury as easily as
Several jurors were set aside on the ground of enter
tanning religious scruples as to finding verdict of
guilty in case of murder, whore death would be the
penalty and, also, tho challenge for favor and
the ground of formation of opinion
The following jury we're then sworn Lewis Doty'
Sahan Ety. Baker, john Stephen %oss
William NJ. Ely
NJ G. PATERSON, Esq. opened the case, detailing the
facts that will be found in evidence The prisoner the
the the night of the murder. 18th August last, and
camc behind him. saying, this is the dned scoundrel,
that raised the muss with us Sunday night last
and So shall fix hm"-upon which he stabbed him with
a knife in the neck from which wound he came by
his death. He light colorcd
SARAH SMITH, (coorcdD sworn-Eramined by Mr..
PATrERsoNl remember the night of the murder; went
to porter house in Centre street. right opposite Canal
street, Livingston standing the door of the por-
ter house | saw three men come round the corner;
of them said That is the damned of bch that
was missing with us on Saturday night /" Livingston
then walked of the stoop, and followed him he
stabbed in tho neck; think Jones was the man that
stabbed him. the knife glitter; no Che prisoneD
raised his arm; at the time prisoner Kicked him
frst it after twelve o'clock considerable; he had
red shirt with tho sleeves tucked lp he had pana
looms which cannot swear was white or dark; he had
corner Of Orange and Grand; Livingston barber.
Crosseramined by Mr. BRADYI am about % years old;
cant say how long have been lin New York;
my bread to get living; now work for the State
during the last two months.
Mr. BRApY-Dd you not, Sarah live in houses of pro-
stitution for the last five years
WrrNEss-I think that very ungentlemahly question
put to any folk Of susceptibility shouts oflaughter)
BILE feelings, well as other folk (Renewed roars of
laughter)
witness not bound to make any disclosures that may
criminate himself
lished principle that the fact Of woman OF bad charac
ter, being in the habit of living in and fequenting
houses Of i'll fame goes good deal to impeach her
dibity.
CouRr-That is very true.
Mr.. PATERsos--Do you decide so, your Honor
Mr. PArERsos-Well, shall send to my Office for au.
thory to show that the witness not bound to
anything to criminate herself
WIrSEss, lin hurryl-I'd have yes to know that if
was ITSELF do yon think that any one would come here
and swear to what was not true t-(Laughter)
Mr.. BRADy-Well, we shall leave this part open and
proceed with the examination Where did you CO. wit
ness, after you saw the man knocked down
Streets could distinguish the faces Of the by the
light from the store; was quite bright; never
Jones before that night, but his face am of
think Jones in his shirt sleeves; not mistaken
about it, saw man in the gas house. and also watch
man, after the occurrence; was in the prison;
Jones at the police Offices can't he had that
time a red shirt.
JAMES MANcAN examined by MrPATEHsoN-Iw worked at
the gas house for the last nine years; recoect the
night of the murder; this occurrence took place about
half past o'clock the deceased to the door of
the house. with his hands leaning at each side of the
ha hn nrckry
something gtttering about his person; think it the
bood he elevated both his arms and then fell upon the
hoor put him out upon the sidewalk, and some OF the
watchmen came up; gave bit of cloth to stop IT, the
wound was inflicted on the neck.
JOHN CALVIN examined by MIR. PArERsov-This wit
who is also employed in the gas house. testified he
present with the last witness when the deceased
and said person stuck him; went for DIR. sweeny
and also for Dr. Hasbrook; the not dead w hen
left trnced the blood to the north west Of Elm
and Canal streets and to public hydran which is oppo
site house No. IS Canal street; the hydran
large quantity of blood there's the taken away
from the gas house, and alive; Dr. Hasbrook and the
Waterman accompanied him.
Cross-eramimed by Mr. BRApY-When the deceased
to the gas house he said distinctly person or
persons stuck him; and not struck him. believe this
what swore to before the Coroner's jury. don't think
said that he used the word sruck" instead of stuck'
DR.. HAsBRooKs written deposition, taken before the
Coroners jury describing the appearance of the
upon the dcceaseds neck and attrbung his death to
that wound, was put in and admitted.
DR.. RAwsoS, Coroner examined held post-mortem
examination the body the wound was an inch in
Length, hg cut IN the carotid artery large quantity Of
have been made by sharp instrument The cut was
deep and had penetrated far the cervical verebrs
Officer CocxAr examined by Mr. Paterson--I
rested the prisoner in the North Liberties Phladel
phia in December 1874; he went under false NAME
Lewelln Mavtin saw this man and came back to New
York and communicated with the Mayor; was sent
back again and took another officer, Mr. Beeman with
me; on getting to Philadelphia got officer Of that
city to accompany mc made the arrest and brought
him before the Mayor to his office; he said
Mr.. BaApI-l object to any declarations made lby the
prisoner in the presence Of the Mayor it Judi.
cia proceeding Have you done, Mr.. Paterson?
MIR. PATERsoN-I have
Mr.. BRADY-Was there an examination before the
Mayor
Odd the Mayor hold examination
Q-Dd he make any order .
Ale did not
Q-Upon what ground then was Jones detained
Al detained him.
To Mr.. PArERsos-Jones was detained as a fugitive
from ustice and he came to this city with under
rest without the order of the Governor. Jones said
MIR. BRADY-I object decidedly to any declarations
made by the prisoner whilst in duress with the officers
establish as g
tons made by him until he arrived in this city.
CouRr-I must allow it, Mr. Brady.
WITNESS to MIR. PArERsos-Whcn in the Mayor's'ohfcc
he said that he had anticipated and that the Canal
street affair had troubled him good DEAL told him to
him and found small bowie knife on his per.
and pledge ticket; he gave order for his cloths
the ticket was for second knife both knives pro-
duced.
Mr.. BRApY-I want to know which of those knives
it is intended to put in the with which this alleged
murder committed This is the dramatic part Of the
performance. II has Of late been customary to make
these dramatic exhibitions Of burned boards and pieces Of
carpet and sometimes of pieces of skulls murder
scs in order to excite the sympathy Of the jury Now,
call upon the District Attorney to say which Of these
knives It is intended to apply to the case These two
knives here peaded and will before the eyes
Of tho jury rs silent witnesses.
Mr. Parrnscr-I did not want to make any dramatic
exhibition Tho knives found inlhis possession or
on his person, and another that pawncd; and upon
the common principle OF law that the public prosecutor
was bound introduce any fact that may form part of
the corpus deicfi.
Mr.. BRApy.-Well, now my way. | now object
to the introduction of the knife that pawned in Phi
adcphia on the ground that there is no evidence
show that the pawned knife in the city Of New
York The introduction therefore, ofhe second knife is
irrelevant
CouRr.-Undoubtedly that must have some weight;
but then let the evidence go for what is worth The
FACT however must diminish the strength ofthe testi-
mony good deal
MIR. BRApy.-Well, the Court will note nv objection
CouRr.--Vcry we'll