The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-07
Court OF Oyer and Term'ner.


Court OF Oyer and Term'ner.
Before Judge Edmonds and Aldermen Hart and Foote
john McKEoS, Esq District Attorney
Third Day-This trial was resumed this "Wednesday
forenoon The prisoner took his place by his counsel
Henry L Clinton. The court was crowded. The
friends of the prisoner and also OF deceased together
with female Witnesses appeared in court Nv H.,
District Auorney.-Mr Haham lives the first
f aoor and and keeps store Mrs McA;n 10 the
attic rooms in one OF these rooms Mrs Russ lived
after Russ went out and passed went up stairs to
Mrs McAslin's room, where mother was staying and
told my mother that Russ went out my mother then
told me to down and tell Eliza, the little girl
up to tea then went up again to Mrs Russ's room,
and pushed the door open. aud Mrs. Russ lying on
the floor covered with blood by the bureau was light
dressed in white her head was partly under
the bureau one of deceased's feet was drawn
face and her dress; the bureau stood right by the
head Of the bed; called my mother and Mira McAslin
Mrs. cAsn then desired me to 60 down and call Mr..
Tahsm; went down and call Mr. Haham; he did not
come; went second time for him and he came, then
hut did not remain thesa anv ims Mr. p ans ,oon
hold of her hand and Mrs. McAsln took hold Of her
head and shook it, and saw that her throat cut;
| saw blood on the carpet by her throat, where
she lay there was only window in the reom which
was on White street; saw Mr. Pitcher there in the
morning; not in Mrs RUSS ROOM but in the attic he
came to see my mother; my mother owned only that
part of the house; she let the second story
n.
Pitcher was there between 10 and IL o'cock when Russ
first to the house, about o'clock in the morning
YER it on bim saw him after during the day. and he
seemed to be about the same whether he had
Sroher resided there about the middle OF Juns
Mrs. Russ was there three weeks the very day she
murdered Kuss came there for the first time, after she
Russ was on and there several times while his brother
was there on the morning Of the murder Russ took his
breakfast there he afterwards got my mother to get
him his dinners he just sat down, took little tea, and
told my mother he had eaten something and not
hungry he had beefsteak Russ himself went and
got the bees,eak the dinner about o'clock Mrs
Russ, my mother, Mr.. Russ, and myselfwereat dinner
Russ appeared to be in about the state at
dinner; he SAID he wanted Mrs. Russ to 90
away with him that night to Albany, if she got
her dress Mrs. McAslin was making the dress this
conversation occurred at the breakfast tables the dress
was not finished that night; he remained but short
time at the dinner table.
Crosseramised by the defence. Russ first went
into the room saw him go out again, followed by Mrs
about Ssy wS SSs minute; 81. n him for S%shng
the corner OF BayaId and Orange street, did not hear
n% ree M %as 10 q the
peared to be good friends during the day This witness
underwent long crossexamination; but nothing was
elected to shake her direct testimony
Direct resumed Did you ever know them to quarrel
The defence objected the ground that the question
would open up new matter, no such question having
been put in the crossexamination.
The CouRr ruled out the question.
By the CouRr-Mrs Russ in the habit of going
out; she went out at night about three times and came
back about o'clock the lost time that Russ went out
|
light, and did not take any particular notice Of him.
Mrs JANE McAsLiN, examined for the prosecution by
Dis Attorney lived in June last at the corner
and Orange Streets found Russ there living with his
brother at the time his brother lived there with his
wito Russ the prisoner there until about the last
OF June; saw Russ again about the middle of August;
prisoners brother had about this time left the room and
Calvin Russ the prisoner came there and took the
bringing his wife with him; he went out ani the
ROOM abou, the 10th Of August Russ went to
Albany and tho wife left the house, but where
o. n W rda sha m
back to board with Mrs Buchanan, and had the
attic room saw Russ again on the 9th Of September
him several times during the day; was making dress
for Mrs Russ she said she wanted the dress done by
six O'Clock so as she might go to Albany saw him
three and also at six O'Clock; he came down my
in company with his wife, and asked if had her
done in time Tor her to start that evenings he said
would not make much difference that they could
the next night, II would make the difference only Of
days work with him they then up stairs
didn't see anything again of him till he went down
stairs; was getting tea for self about or oclock
Mrs. Russ in the habit of taking cup Of tea with
me; Mrs Buchanan, about this time sent up Roxana to
oxana in relation to the particulars of her be-
ing sent to call Mrs Russ to tea and contnued:l
Russ pass down the stairs, little after Roxana had
come down; Mrs Buchanan was in my wher
the message was cent; Russ came down about ter
minutes after the first message sent for her
witness corroboraed Roxana's statement in relation
the position Of the deceased and the blood the
pe she contnuedthere was also blood the pillow
case also the door, andla little the Window tn,
blood the latch Of door, and appeared tc
have been put by the hand there drops Of boo
on the steps down stairs and on the window Of the lowe
landing as il hand had bee laid it; heard hgi
words between Russ and his wife in August; heard
noise as If chair had fallen; heard her say Calvin
piled. :" don't care if do. will yet hang for you."
this was two or three nights before he lett in Angus,
for Albany Mrs Kusnski, who was living in the house
was there at the me went into the room, and Mr.,
Russ said she was afraid he would kill her, as he wa
drunk saw Russ lying in the bed if in fit; Rus
quarrslled with her ali night; saw them on the mex
morning; il was about O'Clock at night when saw
brother was sent for; he came. and then Russ and hi
wife left; he was in liquor on the following day.
To the Court often saw him in liquor before blu
had any conversation with him until that day; Mrs
Russ's temper was mild and good Iatured; she
I very quiet mild woman
Crosseramined i concluded no was in fit, because
there was blood and fro,h flowing from his mouth wher
went into the loom his eyes were shut at this time
The Court here took recess until o'clock The
Q jury, in the meantime went to see the premises.
EVENING SESSION.
Cross examination 81 Mrs. McAsLIS, resumed-On
the night referred to she lay with her heal towards the
door, that she could hear Russ and his lie talking
their room cannot tell how many days they the
house at the time of the occurrence thinks might be
about hvo or ak days; saw nothing OF them that day
except that witness them 20 out in the evening and
return in the ening saw Russ several times ntoxca
did not him intoxicated for the five six days he
cupied his brothers room discovered that he was in
, six times the day Of the occurrence; saw him FIRST
about o'clock in the morning of that day; witness saw
him about oclock he brought witness cord and
hooks and eyes for his wes dress; he appeared 10 be
then on friendly terms with his wife him again
about three o'clock saw him again al six o'clock think.
he had been drinking pretty freely during the day but
at six o'clock he talked acted as IL he perfectly
sober Miss Buchanan down stairs and stopped
witnesses door, but did in; she then dow
TO her mother and told her what they ssd and Russ fol
lowed her down Immediately and went out in the street
there sufficient light Tor witness to distinguish his
dress; she looked out and saw him turn the corner.
JoHN GEoRGE HAHaM, examined by the District Attor
ney-Knows the prisoners him obcue or 10 ocloch
in the morning on the day Of the death Of his wife
witness thinks he saw him egain in the afternoon but
not positive; the prisoner into witnesses store in the
morning. and told him that he, the prisoner had theI
just arrived from Albany; he asked witness for glass