The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-14
Cour, ofOvrr ana Termfnsr.

Before Judge EGMOnds and Aldermen Hart ana FOOT
JOHN McKi Esq, District Attorney and bartholo-
new O'Conner, Esq, Associate Counsel
tsS-1'isi q kn,. for the Murder q his w, =.
ench and few minutes after the prisoner was brought
in. and took his seat by his counsel The door was then
opened to the public and general rush was made ana
every part of the Court was after few seconds,
filed with anxious audience Of both sexes
part OF the defence. air Hall allowed to be sxamin
ed matter of favor out of the order of proceedings
he having to attend the trial of cause in another court
He called the character Of witness named
ongnon who keeps the shooting gallery at The corner
had heard any thing against him. and considered
him an honest man, and worthy OF credit in Court Oh
Justice.
Mr. HowE of Albany. recalled and examined by the
District Attorney thought Russ insane RUSS
ws came to wpess's place ofbusiness three times ahd
witness him give her money each time
ISAAC CocKErAIn exsnned.-Saw the prisoner IN the
Ss ae bs ne Syar tn be- the
Albert said TO him what did you do 1t fort prisoner
IS no u ns and saf burst nG witness said to
them both do not talk about this matter and then lett
the CELL from what witness saw that day ne da not 'a1
the prisoner was iDsans appeared to witness as ne
was on kind of spree; he looked very bad indeed
Crosreramined Did not know Russ before when
pearance, and looked much dejected witness desie ed
them not to talk before HIM that when witnss; wen!
Mr. Pitcher WITNESS objected to answer the que son
put to him by pri.oners counsel aud said was deli
! cate queson--Counse insisted on an answer Witness
said he heard that Pitcher had told big Stories and he
knew what he said to DO The fact he would believe him.
son; why you would not believe him Z Did you ever
know him 10 swear falsely
WirrEss-Inever did.
PnlsoNEk's CounsELI insist upon tho witness giving
his reasons for not believing Pitcher.
WirNsss-I had some business transactions with him
shout eighteen months since, and could not get salts
| factory settlement of from him.
1885, has been in his company frequently in the city Of
! New York; has seen the prisoner drink at porter
him Witness from
Of him previous to THIS occurrence never thought
he was insane.
this occurrence it in the latter part Of last May or
June, he csme to the stat on house to witness
city prison; saw the prisoner frequently since the 18th
day Of September last from what have seen of him
BY the Cousr How has he behaved himself since he
was committed
| WITNEss-I never saw him do any thing out of the
way; he does not associate with the other prisoners nor
take much interest in what is going on; his behavior
deportm ent in court witness conversed with him occa.
sionay but held connected conversation with MIN;
h% now he be- and
piled he did not or that he had no objection or
FnAro,s O'DosSnLL examined-Had charge of the
corridor which the prisoner wak he never acted in
Sss Of cell and he said to
witness what O'Clock was it; witness answered him, and
Is sSs too ss said that he witness
iue nton Of going Albany and he did not think that
he had any Intention OF gong ehS more g. vas
time. :,
in which he was except the rst few days after he came
there had not much opportunity OF seeing him during
that tms has him frequently since with the same
expression of wdness about his eyesas ne had when no
spoke to witness about taking him to Albany
By the CouRr-Csn you tell mo what his habits were
WITNrss-At first he seemed to be careless about
shaving himself but afterwards his brother came there
his person. he that Thomas executed but wit
nothing remarkable in his behavior that day
know whst books they are bible has been furnished
to every cell witness thinks his relatives have LETT
Camp, and instructed in his religious duties by him
witness has let the reverend gentleman IN ms cen Ire
quenty witness knows that upon, one one occasion quGr
nesss it, and Paid attention aerw srds;
there never was any brought in there since. 49,.
son. confirms the testimony Of the former witness ex'
cept that he stated the expression Of his coun.
tenance materially different at times from
what it was OF other times s:metmes when
opening the cell his would look wild, and
he would roll them aboutas if he appeared frightened;
witness has occasionally charge Of insane and
always reports them to the physicians never
Russ to the doctor but could not say whether
he Is Insane or not is different from the other prison
ers in his manners and ways; never saw any prisoner.
under the m os OF roand a.u tine
they passed out by the keepers;
street in September last the prisoner called twice
witness in the month of June last on one OF the occa-
sons witness paid him 25 cents for work done for witness
by his wife did observe anything remarkable about
IA r. RrAD~Knows the prisoner since ashort time af
TO my place with black eyes; Russ drunk; he
came witne sss house in Division street. Albany, in
in the house; he seemed doubt WITNESSES word wit.
ness then got candle and showed him every room in
the house. from the garrett to the kitchen; he
another OCCASION a. hight aud invited witness and her
little daughter to bail at Mr. Parras they went there
he hired room from witness that night but did not
there after and witness WIS put to good deal OF hou
b ona hs 81 She NV was 20 maed
it now; he kept it for their board; the night he came
to look for his wife, he was drunk, but witness Is
to him as smell his breath she close to
gentlemen smell their breath, but will take her
JOSEPH Bnowsn recalled by the District Attorney
Never said to Mrs. McCausan, or to any other person,
that he was present RUSS marriage to former wife
To Pn,sosrss CouNsrL-Went with Russ and his
brother in August last, to the Albany boat; his wife
came there while we're on the dock, and shook hands
and kissed the prisoner and said she would be in Albany
in weeks from that time; they parted on aeconas
Gro A. BAKER examined by the DsrnIcr ATTORNEY
is agent the Prison Associations has had opportun
ties OF seeing Russ witness vis the CITY prison every
salons with him, and offered to assist him in any way
that witness could consistent with hi. duties, but be
showed little disposition TO converse with witness he
Communication Of fbcmass Sentence; he asked noe what
on religious subjects, and offered him religious
BOOKS to read, but he said his mind too much dis
continue to read religious books for any length
| of time.
Mis- McCAusLAN recalled to contradict Browcr-Has
seen Brewer speaking to Mrs. Russ they conversed to-
geher for five minutes; witness was with Mrs Russ at
| the tmc she was asking him about Calvin
The rebung for the prosecution was closed, ex
cept the medical testimony, and one other witness
BxNJAMIS PHILLIPS examined for the defence-ls re-
porter and such it is part OF his duty 10 60 into the
City prison tines the day Of the execution Of Tho
mas witness in there at o'clock in the mornings
tho keeper at the time opened usss cell door, and he
rushed with his hands in his sack coat pocket and
commenced walking up and down the corridor very
pidy his manner reminded witness OF lion in cage
his motions backward and forward in the corridor
| SO rapid and quick.
Cross ezamned-As far witness could judge, he did
not hink him insane.
The Couit here took a recess for two hours
SESSION.
Doctor EARL examined by prisoners counsel-Is SUI
perinendent of the Insane Asylum in Bleomngdale for