The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-05-18
Court or Oyer and Terminer.
Before Judge Edmonds and Aldermen Henry and


The Court opened at half past 10 o'clock, and was
crowded to excess.
ton eramined By Mr. PATERsoS.-I was in Canal street
the night Of the murder; coming from Broadway
through Canal street about o'clock, suspect; saw
the colored standing with his back against the lamp
post near tho hydran at the corner Of Elm street, the
lamp post is about or feet from the hydrant; man
down from the gas house; he white man, and
said the black man. what did you do with the baskets
the white pushed the black into the gutter; the
white man drew the knife and stuck the black man with
il in the neck; the black got up and called for doc
followed the black mans he went towards tho gas
house and fell the white man by afterwards and
stood the black man till he fell dead saw light
in the gas house. and next the gas take arge
OF him. 4fslssA iaN .r sM
Cross-eramined by Mr. BRApY-I laborer, and
ry the hod; gave up work that day at o'clock;
stopped at McSlahons he keeps porter house went
clock, and got to McMahon's about o'clock; took
something in other houses before went homes 1t was
starlight night no moonlight; never knew either ofthe
parties before; the deceased yellow man,
did not swear before the Coroner that "the black
haowed for Waterman; there was no Waterman
there that night; pom honor was not drunk that night
Qaughcr); drank liquor that night don't know how
much, but was not drunk.
DEFENCE.
Mr.. WARNER opened the for the defence. Before
proceeding the defence they intended
for the prisoner he begged to call the attention Of the
jury to some circumstances in relation to the prisoner
as to his being poor man, and having no means and
was unable to pay the expenses Of witnesses. There
detained in prison lin consequence Of the late trial
in the Court OF Oyer and Terminer and the inability of
the Court as well as other circumstances to have trial
before the present term that many Of the witnesses
were in New Orleans, whose testimony would be Of
essential benefit to the prisoner Mr.. w. went on to
character Of murder, acknowledgement from the
various grades of mansaughter contending that the ut
most magnitude of the crime with which the prisoner
charged, could only amount to ustifabe homicdc but
even in this mtgated form, they could not find the pr
soner guilty. Tho fact Of the robbery not to be
q O
motive upon which they grounded the case for the prose
cution was as manifest as monday and fully entitled
the prisoner to acquitta II the prisoner committed the
murder ALSO under the influence of feelings such in
duced him to believe that the colored had robbed
under that temporary maady called delirium
it was perfectly manifest that he was not in
was about In viewing the in all its aspectsaking
into consideration the fact OF the robberyand MI the
the IN s Was ano
Their aspectin which he would put the Of the prison
crit may stare thembut still he meant to contend,
that Jones stabbed any at all that night 1t was
other than the deceased The testimony Of Sarah
Smith showed that he wore red flannel shirt They
had however from other testimony that it differ
en sort Of shirt altogether and he founded his theory
upon the discrepancy to be found in the testimony Of the
witnesses for the prosecution both regards time and
identity and he would be able to show by witnesses
these facts. Z
The first witness called was
Justice OSBORNE. examined by MIR. Warner-I know
the witness Sarah Smith, the colored woman would
not believe her under oath have known her for the
Cross-sram''ed by Mr.. PATERsoN-If she swore to
fact would not believe her; may believe her she
i she should state her particular occupation would be-
levc her take the adavits Of such persons every
day at the police Office. la8p
Mr.. PArERsoN-Then if you do why should you take
their alidavits?
Cousr-That has nothing to do with the case.
Mr. PATERSON am entitled to have this explained
Mr.. BRApY-Wel, this is out of all rule. The Dis
trct Attorney himself the Court of Sessions, often
says that witnesses are SO begrimed with crime
that they ought to be turned out Of all kinds Of worlds
COURT don't think this ought to be allowed.
Mr.. Personal---very. well.
Witness here withdrew.
Justice MArsELL testified that Sarah's character was
bad He would not believe her under oath, unless it
Mrs. CoSDuIr testified that she lived at sc Renwick
street in August LAST prisoner boarded with me ut that
there on the evening of the 18th August he appeared
as usual and paid me twenty shilngs for board; can't
say how he was dressed on that nights he sometimes
wore coored shirt, and sometimes white.
Crosseramined-H sent for his trunk the next day,
but did not give it up; Afterwards gave it to Mr.
Louisa O'MEAnA, examined by Mr. Warner.-I know
John M. Jones he lived with me for year he was
always aquet sober, honest man remember the night
Of the 18th of August washed for him he my
house on that evening about O'Clock he changed
his linen he put on light blue shirt he left house
about IL o'clock was up in the room, and he had
beer; saw him next morning after breakfast saw
him on tho Tuesday, Wednesday and Thursday follow
Crosseramined by NJ. Patersom.--Jones and my hus-
band d drank together don't remember Il my husband
4
may have taken glass Of beer with my husband but
do not got drunk. atm
GEORGE DowxEs Waterman, produced, examined
by Mr. Warner Il do not exactly recolect the night
recollect the prisoner told me that he robbed that
night and his coming to the watchhouse he said that
he was robbed Of his pocket book and that his hands
were pinioned backwards by of the persons who
robbed him. while the other put his hand in his
pocket and robbed him of his pocketbook no said he
regretted his papers than the money that in
his pocket-book did not go with him he told he
stabbed one Of thr men in The neck he remained good
him mad M M m
to the captain OF the watch he went away after few
hours ! did not keep him or go with him
Mr.. PArERsoN.-l shall not cross-examnc him.
CoURrWhy did you not report this to the captain Of
the watch
WIrNEss.-I did not tell it,
CouRr.--I should like to know why you did not con-
slider your duty when person comes to the watch
house and makes report Of such dreadful crimes as
why you did not consider it your duty to take notice
WIrNEss.-Wcll, did not make any report.
CorRr 1T is dcplorable Of things in this largo
community to witness such gross violation Of public
duty. All this might been avoided were it not
these watchmen shall take care and notice the matter
WILLIAM WALroN, examined by Mr. warner-I am
watchman was in the watch house when Jones came I'M
he spoke English and said he attacked by parcel
Of rufians and robbed of his clothing consisting Of
things he got from washerwoman and his pocket book
and said he stabbed Of them; and he complain
ing of the Police there not being sufficient Police to
ed to know how he could get his things; he said he work
ed at the Foundry in Greenwich ST. he said he worked
i'll the Foundry; when saw tho advertisement the
papers talked to Mr. Downes the Waterman; he stop
ped over an hour.
To the COURT did nothing about the natter pass
ed it over.
CouRr.-Wasit not your duty to do something about
it?
WITsEss.-1kno my duty and did not go.
CoURTDo you mean to say, sir, that it was not your
duty in such an emergency to have gone
WITNEss.-(With the utmost GOODNESS and noncha
talce)-l hope know my duty; to err is human.
CounT-You did not Know your duty, sir, in refusing
to 60 must be great misfortune not to have this
hio mini hou haor a1 TIM ufchvp
had done their duty All is owing to the neglect of the
public officers shall take care and have the matter
carefully investigated before the next Grand Jury
have taken down the names of these watchmen.
There thrill Indignation throughout the Court
room these witnesses left, all seemed impressed
with the conviction that the entire Of this melancholy
tragedy could have been avoided by proper vigilance
and attention on the part Of these functionarics.
FRANcIs HEYSEs, pawnclcrk to Mr.. Simpson, testified
that whom he believed to be the prisoner to
his Office the day after the murder to stop the delivery
of pledged articles in the event Of their being called for
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