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

Court OF General Sessions.
Before Rscofdsr Scott ami Ala. stonsa and Mssssrols.
JoHN McKEoN District Attorney
Nov H. Trial Of Henry c. Mars-TssdmOny for the
Arr Cuscx. on being sworn. testified follows IL
am the sister Of John Cusck, the complainant lived
with Mrs Marx in the month Of July last LETT there
the morning of the 10th of thar month did not take
my clothes with me the day left went Tor them IN
the evening Mrs. Marx told me that should not nave
my clothes until Mr. Marx cher SOM pleased to let
me have them went again the next morning and TOOK
s%nf wh me as Asy sss sucn 20 with
me we went between and 10 o'clock +; walked and
my brother rode in his milk wagon my brother got
Miss Emma Marx to the door went in and called
my brother to come went inside the first door Miss
face clothes caught fast between the dosr and the
sill pushed the door open again. and stood there
into the back psrlor to tell her mother j was To-
side of the second door, when my brother In we
Miss Caroline Marx out and stood the second
step of the stairs My brother said to them that he had
called to see why they did no. give me my clothes and
stairs and tell Henry to come down and shoot this
bloody Irishman My brother stood the foot Of the
him. d want you to shoot this bloody Irishman" Mr.
Henry had his morning gown on, and looked so fierce
that thought he wa, ready to take snynoay's LIE
wards the front door. ! saw Mr.. Marx hand the
pistol to his mother, and then four five commenced
to the platform of the stoop at the front door and Mr.
Marx TAKE the pistol in his left and while he held the
door with his right hand he then shot my brother
and then immediately shut the door; in the act Of
going away with my brother when Mr. Marx discharged
the pistol This witness like the preceding one was sub
jected to rigid examination in the course OF
which nothing worthy OF notice was elected
WILLIAM Lynch exsmned-i am in the employ ofthe
Pekn Tea Company, No rs Fulton street. On the 18th
ofJuly last, passing down Broadway near Great
Jones street, saw milk wagon the horse was tied
Marx girl Ann Cusck standing inside the front
door; she was then calling her brother, who immedi
atey ran up the steps and into the hall This Is the man
(poinng to Cusick) that saw on that occasions stop
ped at the door for few minutes the door, in con
versation with friend when the mkman and his sister
the milkmans back was not quite turned towards Mr.
Marx; the milkmans sister by his side at the times
sister then took him by the arm and helped him from the
stoop; persons Immediately began to crowd about the
to the SPOT where Cusck was: think that Mr.. Marx
stood tho Threshold of the door, and the mlkman
the PLATFORM or stoop, at the time the pistol was dis
charged.
DR. RoBERr LITTLE, sxamined-I am surgeon In
the City Hospitals man by the name Of John Cusick was
remained there 81 days. he had been wounded by ball
in the back near the right shoulder blade there Were
two orfcss where tho ball went in the other where
it out presume il common sized pistol ball.
somewhat larger than buckshot
Cross eramined-I probed the wound; the distance
from where the ball went in to where came out was
about in hes; was merely flesh wound the ball en-
tered the edge right shoulder blade and came
out near the top of the shoulders the ball entered at the
lower ori6ce aud came out at the upper one; know
this from the fact that the ball leaves smoother hole
where j. goes in than it does where it comes out.
VIM SrRroEh examined-I a gas lamp lighter
while at lamp post about 80 feet below the house Of
Mrs Marx, in Broadway, on the 18th Of July last.
heard the report Of fire arn and almost at the same In
stsnt perceived smoke Issuing from the door OF Mrs
Marx; the face and shoulders Of Mr. Marx; he had
the door, with one hand holding Cusick did not SEQ
any pistol in the hands of Mr. Marx after the discharge
Of the pistol cusck appeared to drop down. and the door
JACOB c. KEMP examined-I am in the store of Mr.
briggs at the corner of Broadway and Amity street, as
was coming up Broadway, near the house OF Mrs.
Marx, the 18th Of July last, female 60 up the
steps and enter the doors arriving opposite the house
inside door; stopped at the door for moment. and
saw this person pointing to complainant Cusck, 80
then closed then left and went the store after
being there few moments and relating to the persons in
aad % hs o
the house then closed did notsse Mr. Marx;
sation with them about what had occurred.
Cross Eromined-I was clerk in the store of Mr.:
Mrs Marks got opposite the house of Mrs. NJ in 60
ing up Broadway the inner door appeared as IL was
being closed in the females face; thi: was before
Cusick entered the house, after Cusick went in
there appeared to be considerable excitement in the
hall; could not hear anything that was said
but there was great many motions of the hands;
saw four persons in the entry at the time; there
Cusick, his sister, Mrs. Marx and two other ladies'
From what then saw felt satisfied that there was
difficulty there When first got opposite the door. Gu
scks sister at the inner door, apparently trying to
push open 1t my impression al the time that there
war some one behind the inner door, pushing against 1t
and endeavoriug to prevent it from being opened
DR. JOHN WATSON, ersmined-I am ply sicisn;
have been in practice since 1884, recollect tina crcum
stance of Cusck being brought my Office; was about
O'Clock in the morning OF the 18th Of July last great
crowd Of persons were collected at the time On exam
lining his back found that he had receveda wound
his right shoulder which appeared to have been caused
b. pistol ball; there two orfces the poserior
wound round smooth and depressed the other ragged
round the edges, whichsprotruded little showing that
the ball went in at tine lower orice and at the
upper one from the examination that made, would
not say whether the ball struck bone not
The testimony on the part of the prosecution being
brought to close the opened Tor the defence.
The defendants counsel in the course of his remarks
stated that he should show in the progress of the trial.
that the accused did shoot Cusick that the pistol
was discharged by another member OF the family.
Plea Of GuihyIAn old State prison bird and escaped
convict named kodell Roberts, aey caught in the
mission OF burglary, and now indicted that offence,
this morning pleaded guilty, and remanded for sem
tence.
The court then adjourned until to morrow morning.