The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-17
Law Intelligence,
TRIAL OF JACOB HAPPIER, FOR THE MURDER OF
PATRICK CooGAN.


! CoURr OF OYER AND TERMrsER. September l5-Be
fore Justice Edmonds, Aldermen Hatfield and Steve ~
The District Attorney stated that to obviate tn,
necessity OF calling rebuttpg testimoney he would
examine another witness
WILLIAM BARCLAY was then called and examined
by the District Attorney.-Resided last April in 22C
street; knew Coogan the deceased; at his hous,
when the blow was struck, was standing inside tn,
tash door, asw him struck; saw the man who struch
him strike the blow; he struck with the top nd
cart ruDg; Immediately after he struck the blow III
let the club fall on the Threshold witness picked it uT
and letit fall again; there another man named
Boylan there; he bleeding at the time from another
blow he Boylan) got before and some ef his blood e
on the club; there was blood on the club when wit
ness took it up.
Cross-tuamined.-Wa subponaed to attend th,
trial some time in June last not in Court during
the examination Of the witnesses has not the olut
since until raw in court has conversed with people
about this trial. eonyersed with people the house
witness in Coogan's house the day of his death
from two TO six O'Clock that day. went there to give
return the that worked for him the two pre-
weeks; Coogan did not deal any liquor te witness
during the time; saw Coogan behind his bar during
that time; did not him deal out any liquor witness
drank TIVE glasses Of strong beer; witness in
Coogan's when the dog fight commenced; saw Coogan
go wtneas went out and to where the fight was;
James Cruise and Michael Carol went out also and
some others, whose names witness does not recolect
might have gone does not recoect several
persons there five six) with sticks did not Col
den have q stick the door in which Coogan stood
when he got the blow was open; the door in three
parts the middle part where stood had shutter on
the part right had the shutters on and the one
to my left open; Boylan struck was standing
In the same place when he was struck, that was
rather little outside when he received the blow;
was standing about six eight inches from Coogan;
1t might perhaps be more Coogan when he struck
was standing about the distance Boyau; it
might be about two minutes before Coogan
that Boylan was struck; cannot say whether the
That struck Coogan carried away the club not
in about five minutes after, witness picked it up;
Coogan was at the time gone up stairs; did not hear
the sound OF the blow on Boylans head the blood
squirt as soon as he turned round his head the man
that struck Boylan struck him with one hand, and
the man that struck Coogan, struck him with both
hands; there only interval of about two mi n.
u'es between the two blows; the person who struck
Coogsn after giving the blow mghthays stopped per-
hsps minute and half and then witness lost sight
OF him during that time he remained in the same DO
sition as when he gave the blow; when the blow was
given Mrs Coogan hallooed "murder!''
Question Did you see the person who struck Coogan
raise the stick second time, to strike any ese
Answer did not see him; was not in position to
see him raise it high enough.
Odd you see him raise it at all?
Al could not see him raise it,
Q-Did you hear Boylan say that he took the club
from the man who struck Boylan!
Al did; but knew at the time he did not
q Did you know the man who struck Boylan?
Al did not see him since that until saw him in
the Bowery this week, and recognized him; he was
about five feet five inches and about IL 10 years
age; he selling fish at the time; did cay any
thing to him; does not know Fitzgerald by name does
not recoect to have seen person whore coat
badly torn; two clubs were here produced, which
seemed to BIO branches Of trees the witness identified
as the stick with which Boylan struck; of
them was about two feet long, and the other about
four feet.
Q-Were you dividing money for election,purposes
A-No sir, was not
The for the prosecution here closed and pri-
soners counsel stated that their examination
indicated the defence they intended make and
and his colleague would address the jury in summing
the they would not the time Of the
Court by opening the defence.
JAMES SUDAN, first witness for the defence, sworn
~aph for sns .ns " ne
saw the occurrence of the 10th April last; walk
ing up in that direction about six O'Clock; saw the
prisoner running down goth street. and three four
chasing him; John Kingsley with witness when
we came up We saw Coogan and q small man fighting;
mans coat was torn; there was row at this time in
Coogan's house; Coogan said he would get his gun
and shoot the men that were nghting he started to
60 I'M rs he went in saw prisoner the stoop with
club in his hand; saw another man, Of the name of
Golden, standing by him with a stick in his hand;
mt he struck the blow Golden raised his stick to
strike prisoners the latter dropped his club and then
ran up the street, Colder chased him little ways up;
there appeared be two three between Coogan
and the prisoner, when the blow struck; the mo.
ment the blow struck heard the sound and said
co the man who was with me, that Coogan struck
a very heavy blow; walked away and soon after met
q man, named Boylan.
Q-Wss there time to pick up the club, by which
Coogan struck, and put in the corner, from the
time you met Beylan, until he got up9
A-No; the club now produced is the which
Boylan had, and the one which the prisoner had the
prisoner leaned over three men that between
him and Coogan; the first man witness met Boy
said it was not Coogsn that was struck, but himself
and asked witness to look at what he him boy
LAM with, showing witness the club; witness then saw
Coogan standing the counter, inside; Boylan was
struck the side Of the head and the blood begin
ming to run freely, the witness took the club in his
hend and desired Boyan to 90 to the doc get
bis head dressed; when witness saw that Coogan was
not hurt, he, with Kingsly, went to go home
To JurOr.-Boylan had his hat on; Coogan had his
lat outside but say If he had it on inside;
did not who received the blow, and cannot say
whether he had on hat or not; there was blood on
tla .1rhxx hon had in biu han ~.
know Fitzgerald; the people there q good deal
excited; cannot say whether from the influence Of IL
quor not cannot say that he saw any blow struck
Cross.eaamined by the District Attorney witness
walking in the Avenue when he first prisoner;
he him next at Coogsn's house; took my stand
opposite Coogsn's house; when first him, he
fighting, single handed, with Fitzgerald; between
thirty and forty feet from where Coogan fighting;
he fighting, single handed, with Fitzgerald; it
fair fight bet them; Coogan go into his house;
the door was not closed; when the blow was struck
there n number Of persons between myself and
Coogan; when he got the blow, James Cruise stood
along side Of me- and did Mr. Kngsly; does not
member whether Duncan was there not; under the
in preston that Coogan not struck we all walked
away; sticks in Coogan Is bar room before Ceogan
was struck
@ You saw prisoner raise the club and heard the
blow, and remarked that Coogan got hard blow
Ayes. but when Boylan afterwards said it was he
that got the blow, and seeing him bleeding and seeing
Coogan appearing not to be hurt, went away under
the impression that it was not Coogan that received
the blow
TO The Court-when witness met prisoner, he had
not the club; tie next time witness saw him on
tic stoop, he then had 1t.
john kINsLEy, JR, sworn and examined by prison
er's counsel.-Was in company with Suydsm on the
4th avenue the 10th April, met person running
down. bat cannot recognize him ms being the prisoner
he was running towards the engine house, went to-
wards Coogsn's house, saw Coogan and another ma
Sighting for two three minutes; understands the
| other mans name Fitzgerald; they were pulling
each other about and strikng Fitzgerald had his coat
torn; Coogsn went into his house after the fight wit
then ned to the crowd was about Coogan
d00r. w n.
Coogsn' door and asked some how the fight be-
gam turned round and saw young man on the stoop
in the act of striking blow over the heads OF some
other persons as If he aimed at particular person
saw him drop the club and run away; witness then
heard Suydam say that Coogan was struck sawa man
on the stoop with the club produced hi, head was
bleeding witness asked him II he was struck he said
be was did not take notice Of sticks In Coo8an
| bar. - -
| Cross-ezamines-Tfer was a number Of persons
about the door but the walk was pretty clear it was
a running fight between Fitzgerald ana Coogan; a.