The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-07

body; there was q large wound extending in q tran
neck K was nearly ave inches in length ana in Depth
extending through all the soft parts, and nearly
through the vertebre Of the neck; the wound on the
right hand extended from the angle OF the little finger
dividing the hand the wound the upper part Of the
b, ad fractured the SKULL this wound was sutcien to
DEATH the back part Of the neck just below
the hair, was a wound about three inches in length,
extending through all the soft parts on the left occ
ptsl bone, wound about three inches in length,
facturipg the skull in several pieces pressing the
bones the brain; this wound would cause death;
the shoulder there several flesh wounds, which
might have been inflicted week OF ten days before
they were healed up the large wound corresponded
with the marks of blood on the Ratchet precisely the
other wounds witness Of opinion were inflicted with
the same instrument; Ave blows must have been
struck from the position in which the body was
found witness of opinion that the wound across the
neck the last inflicted.
CToss-erdmined Witness is Of opinion that the
blow the back part of the scul the third blow
and after that blow she had fallen the other blows
on the head were given after.
WM L. WOODS captain of the Seventh district;
the prisoner was given into witness custody by Pow
ell. the officer; witness asked the prisoner his name
lie replied either that he did it, that he believed
he did it, and that he unfortu nate man.
JOHN BuaHorr, examined by the District Attorney.
Was An officer Of the 7h district at tn. time OF the
o green roundabout; witness visited him afterwards
at the Tombs prisoner gave witness some clothes,
there was great deal Of blood on it.
RosANNA DECKER, examined by the District Attor-
ney-Was acquainted with prisoner and his wife; the
for twenty years; in the habit Of visiting the
prisoner and his wife, never heard him use any ex.
pressions towards his wife other than what might be
used by any man towards his wife; he sometimes
spoke short to her on the It'll day Of May, witness
went to them witness said something to him about
biting his wife, he replied, he wished he had bitten
her heart out.
Cross.eraminsd-W When he made the remark of bit.
joking at the time, and that it would 60 farther
after getting over at Of drinking, he seemed as he
dran ink hA M nj hrrta hair IF har
head, If he was in his senses
MARY Avn CAPRoN Was in the habit Of visiting
Hayes and his wife; witness said the night of the
murder, it only what she expected, and she told
the deceased 90 on the 10Th Of May witness saw him
on the evening Of the 18Th walk up and down the
like q crazy man; witness watched him for fifteen
twenty minutes; called her afterwards and told her
wtness thought he crazy nd that she would not
for $50 remain in the room with him alone; the wife
made answer and said he was very kind husband.
The for the prosecution here rested
The prisoners counsel opened the defence, and
after making preliminary remarks he stated that
they would show the prisoner subject to temporary
commission OF the offence, for which he was now on
trial They would also show that at this particular
time be was laborng under delirum tremens from fit
Of drunkenness, which he carried for a week
days previous to the death Of his wife, that he
was altogether unconscious Of what he was doing.
They would also rely his previous good character
and the humanity Of his disposition.
VIM. M BAKER examined-Isa ship master; is we'll
acquainted with the prisoner; knew him since 1s41;
ring that times they made two voyages together du-
ring that time Of three years each; his conduct
very coed; he the best dispositoned witness
ever saw at sea- never saw him. to the best Of
recollection, out of humor all that time: witness
never had to speak cross word to him during those
two voyages; remembers the first day Of the frat
voyage, that witness observed something peculiar
about him; the night of that day he continued to
wander up and down the deck the whole night; wit
understood he had been drinking hard before
they sailed.
The prisoners counsel read the testimony of Giles
aAo Nv II naf fob Jak. Is.ka
timony to show that the prisoner subject
temporary arrangement and that during his lucid
intervals his conduct was good. They also proved
that about years ago he attempted to destroy
himself
WILLIAM NASARr examined--Knew the prisoner
some Is or 20 years; board the vessel at
one time for six months; thinks they were together
out of that time for about years; he always
markedly quiet man; him out Of temper;
never knew him to resent insult he was very
much prosecuted on board the vessel with witness;
by two of the in particular and the used to
cay that he ought to take them in hand; witness
thinks he sometimes out Of his mind; he once
came to where witness worked and asked him he had
seen his boarding hou,e pass by, that it was yellow
catch it; witness remarked to some Of his acquan-
lance that he must be deranged; witness him in
the city hospital shortly after.
The court took second recess.
NIGHT
WM, NAsARr re-called...The remainder Of the wit
ness testimony went to show several acts of insanity
by the prisoner.
MARY JANE PEARcy, sworn and examined the
soner good character for kind disposition good
treatment to his wife On her cross-examn alton she
admitted that ne was at sea for nine years, during
which he gave bis wife no supports they separated be-
fore he went to sea, but witness does not know the
reason.
Alderman McDoNNELL examined-Saw him the
morning Of the death of his wife at witness shop in
Brooklyn; he came there to get money pay his
rent; witness thought his appearance was peculiar;
witness remarked 1t. Witness discovered from his
trepidaton, and the totterng state Of his limbs that
he recently had after heavy Mt of drink he then went
him in the Tombs; he sober when at the shop
but evidently laborng under the effects of former
drink.
The witnesses for the defence being absent the Dis
trict Attorney called rebutting testimony, among
which was the prisoners brotherin-law, Charles N.
Decker who swore that he saw him the day of the
and that he appeared to be sober and per-
fecty sane. -
JOHN CooPEn one of the deputy keepers Of the citv
prison, was examined, to show that the prisoner had
symptoms Of insanity after he sent to the Essex
market station house. The evidence for the defence
was here closed except the testimony
and the court adjourned.
COMMON PLEAS, Sept 6-Before Judge Daly.-MeHs
VS. Baidwin.-The jury in this case already noticed,
rendered verdict for plaintiff 500 49, including in
terest and cents cost.
Before Judge Ingraham-In Chambers. Dennis Gull
Ina soldier, was brought from Governors Island,
UNDER WITT OF hateas corpus, and claimed his dis
der age. His discharge was accordingly ordered.
U. s. DIsrRicr CoURT, Sept. 6.-Before Judge Betts
True bills for revolt at sea- on board the brig Henry
1IoWpIIuBeJ were IouuQ py the Gran0 Jury against
Adam Hayes, Christopher Morse, James Morrison,
John Cross, James Morris and Frederick Smart The
prisoners were arraigned, and pleaded not guilty.
SUPREME CouRr-Before full Bench-The follow.
ing were admitted examination to practice as At.
torneys Solicitors and Counsellors throughout the
State -
John Anderson, Jr., Elias G. Brown, Thomas Clark,
Elias Dusenbury, A. s. Gardiner, Alden j. Hail. Abra.
ham Q Hall, John Hyer, Clarence Livingston, Will
liam Wckiles, James Otis Sargent, Z. Delafeld Smith,
Charles p. Walcott. fNt -
CovRr CALEsDAR-This Day.-Common Pleos-Part
i Nos 81 SO, So 81 SO, 81, g. 65. 81, CO. Part q
Nos 20 rs &c. 80, "a, &c. 49, 40, AZ A. AZ, 49, 50 81
81, 60, IS. 60. 1890
City Intelligence.
FInEs-A fire broke out about o. clock, on Tuegday
night, in carpenters shop, in the rear of No. III
Grand street. which was almost entirely destroyed. A
IRE broke out about II O'clock Tuesday night, in
the extensive livery stables attached to the Bulbs Head
Hotel, in Twenty fourth street NEAR Third avenuo