The New York herald., 1845-03-20
Court OF Oyer and Terminer.
Before Judge Edmonds, and Aldermen Winship an


MARcH l9.-The Court opened at 103 O'Clock.
The trial of w. Jones wGs postponed.
e0tousy-MARY MAssrsID testified that she kept board
ing house in Water street where Eagars wife resided
,is % h a. to 60 over to Mrs On the
ted her ts there She replied that it such
thing that Jones was high and they wanted to get her
there" She did not 60, and was in the house all night
Tie prosecution here rested
Mr. DERRy opened for the Defence and made very elo
quent and affecting appeal the part Of the prisoner.
The counsel ia the present had rendered their serv
ces gragousy and were not the paid sgens Of the pr
committed the offence but they to show that
he actuaed by feelings Of jealousy towards his wie
society and lived life OF ideness in the lowest part
the city entertaining suspicious Of his wifes improper
intimacy with williams he went to Mrs Kslly's house
where ne suspected his wife was and Mrs. Kelly refused
him admiiance His aspicions, therefore
Mr. PArERsor-l submit that suspicion would not jus.
tify the conmittal Of the offence.
Mr. DEnRy resumed. and detailed the line Of defence
which principally rested tho suspicious entertained
BY Eagar' as to his wifes fidelity
Capt CoRRY testified to the Incorporate and vicious
habits Of the prisoner who was frequently intoxicated
Capt. JOHN HoIrE corroborated the testimony of Capt
Corry-addng, that Eagar when sober quiet man.
Capt. w. e. BERTRAND corroborated the testimony OF
king Eagar angry and jealousboisterous and quarrel
some.
Capt JOHN McBRIpE, sworn-I know the prisoner;
am owner OF sloop,and often employed Eagar In my
vices he was an Incorporate man.
WM. McCUrcHIS, boatman, sworn-Examined by Mr.
Brady remember the night before the MURDER was in
Hos store with Williams and Eagar; drank there that
night; found both drinking together and talking in
friendly manner; we all drank and took three or four
glasses piece; there was quarrel between them when
LETT don't exactly recollect il left them behind in the
stores saw Eagar time before this; he had long
behind; heard talk about Eagars wife; saw Eagars
wife not since her about month before at Ho .
store know that Williams and Eagars wife knew each
other.
Cross Examined by Mr.. Paterson-l can't say that we
drank than three times; can't say that Eagar
for the two or three days previous
This witness having detained the Court for time,
received sharp reprimand for disobeyng the subpoena
of the Court when the case rested
Mr. BRADY summed up for defence. The first word Of
consolation which the prisoner received after the COM
mission OF this act was the visit he received from his
counsel The wife Of the unfortunate prisoner, who
should be at his side in his hour Of peril and danger
was absent from his side, which afforded strong pre-
committed prison to the present hour she never
saw her husband visited him in his dungeon and she
now was, perhaps amusing herself about the city, he
could not say how NIB made long and able appeal to
the feelings of the jury and the Court and at the conclu
sion Of his address was warmly greeted by several
IMr PATERSON replied at much length and: commented
the testimony at length and the admitted fact of the Of
fence having been committed by the prisoner LETT II
clear for the jury 10 render verdict upon. The
chief question for consideration tho legal definition
OF the crime which he considered to have been ceol
malice prepenso, and one that deeply aggravated
Aer citing the law in relation to murder, and comment
ing on the facts introduced in evidence, he concluded
when,
EVENING SESSION.
His Honor the Judge charged from the able man
in which the counsel on both sides had conducted the
his duty was contracted within very small space.
The killing OF the man being admitted was for the jury
to decide whether was through design.
the mitigated offence Of granddaughter If the former
it must be murder, II the latter, il be either
slaughter In the lst, and ard 4h degree His Honor
then explained very fully to the jury, the crimes that
might constitute any ct these four deg After which,
he to charge that the counsel for the defence
hsd snd in his summing up that the jury to be
judges of both the law and facts he considered that the
jury must not disregard the law, laid down by the
Court the latter state 1t In terms then Il
be rectiha IL on the contrary the jury could not
rect their errors But II the jury satisfied that the
Court wrong in charging thnm. then they had the
to disregard that charge His Honor then proceed
cd to touch upon the principal points cdeience and
cuded when the Jury retired and after absence CT
hour, rendered verdict Of guilty, with recommends
! ton 10 mercy