The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-10
Court OF General Sessions.

before RECORDER scott Aid. StOnea and MeseerOle.
JOHN McKEoN District Attorney
Trial Of Henry Marr for shooting John Cusick-
The trial Of Henry c. Marx for having the morning
Of the Of last committed assault and battery
with intent to kill, mkman by the of John Gu.
sick, by shooting at him with a loaded pistol,
The case was opened the part of the prose;
cution BY Jonas B. Philips, Esq, as follows :-len-
y s
Mr. Henry C. Marx, which charges him with
having on the lih Of July last, lslOniously as
woundng him very seriously, and the offence with
which MIR. Marx Is charged is very serious one The
nevertheless the circumstances under which the assault
was committed certainly Of very aggravated char
servant in the family of defendants mother and on this
occasion had to the house for the purpose of getting
difficulty occurred between the ladies' at the house Of
Mrs Marx, when Mrs. Marx sent one Of her daughters
up stairs 70 request her son to come down he did so.
and threatened to take the life of complainant the sister
Of complainant then induced him leave the house. and
succeeded in getting him out of the front door, was
the pistol discharged compa nant and the CON
tents Of pistol entered the back the We
him under medical treatment In the CITY hospi
tai for aboua month Fitness facts shall be substantiaed
by the testimony ,duced on the part of the prosecution
III the case will be your duty to render your verdict
accordingly Whether this assault committed by
MIR Marx with the intent to take the life Of the complain
ant is to be determined from the evidence presented
the case and the question of intention to take life
drely within your decsion. If any man, without just
that it is his intention to take lie We live
fortunately under government which recognises dis
humble sphere in society and the defendent
in the most respectable circles the law makes diff
renee in the case for there s 80 low that the law
does not protect and there is high that does
not reach IT, therefore, from the evidence produced,
you should deem him guilty. it will be your duty to
posed in the case.
JOHN CusIcx was then called and on being sworn, he
deposed foows:-I now live at No 1874 Hammond ct
n: l a n mil
man. and was the 18th of July last Cor time
prior 10 that my sister was in the employ ment of the ia
mly Of Mrs Marx, whom she left the 10th of July;
went with my sister to the residence of Mrs Marx on
the morning Of the 18th of July last for the purpose of
to herr my sister walked and rode in my wagon, was
then between nine and ten o'clock in the morning; my
engaged tying my horse soop near the house; the
door was opened by one of Mrs Marks daughters; my
sister walked IN and inquired for Mrs MARY who came
to Mrs Marx that wished to know why she did let
my sister have her clothes and the wages that due
the action to the words) and said, clear out win
get Mr. Marx to shoot you" this ranspired in the hall;
the front door was then opens did not 90 OUT Mrs Marx
then told of her daughters sgo up stairs sand tell
Mr. Marx to come down and shoot then attempted
said The first knew after that was that Mr. Marx was
coming down stairs with pistol in his hand and said
that he would shoot my sister then took hold Of
distance towards the door, saying, Brother, como
away, or he (Mr. Mark will shoot you.o while my
sistcr was ny Ing " get me away MI MARX came up
behind me and struck violent blow Just behind my
head, with his fist then went as far the door, and
he was about srikng again, whom put my hand to
his neck and took hold of his neck handkerchief His
mother then took the pistol from him. when his
sister scratched my face: After ! had got outside
of the front door, Mrs Marx handed back the pistol
to the defendant was the platform of the soop
the times they then shut the front door about thirds
to- fired the pistol at and then instantly closed the
door. 1.-THE shirt and vest by the omplainant on
the OCCASION and exhibiting the hole made by the ball
and stains Of blood was here produced and shown to
the jury was standing about two three feet from
the door at the time the pistol discharged was in
the act Of leaving the house when the pistol was dis
charged.
QuxsrIoN.-what did you do then why thought
would die that did-(A lsugh) My sister said nv
vest was on fire and that was shot persons took
me to DIR. Watson's Office afterwards removed to
the city hospital. where remained between three and
four weeks.
This witness then underwent long and rigid cross
examination in the which he asserted in the
most positive that neither he his sister lille
in the house Of Mrs Marx, made Of any abusive lam
guage to any member OF that family, and committed no
assault upon any of their persons except that of taking
hold of the defendants neckecnief in self after
he had given witness a blow the head and about
to strike again
The case will be resumed tomorrow morning, until
when the Court adjourned.