The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-14
Law Intelligence.

Law Intelligence.
TRIAL OF JACOB HAFFLER, FOR THE MURDER on PA
TRICK cooaAN, IN THIRTY-FIRsT STREET, on THE
l6TlI or APRIL LAST
COURT OF OYER TERMInER, Sept. 13.-Before
Justice Edmopds Aldermen Hatfield and Stevens :
The public being that this trial was set down
for this day there considerable interest felt in
the proceedings the Court room was, therefore,
crowded from an early hour in the morning At half
past nine o'clock the prisoner, who appeared to be-
about twenty-five years of good looking and
respectfully dressed, WAS brought into by the
by his father and other friends. As as his
counsel arrived, he sat with them at the bar. The
judges came into court at 10 O'Clock and took their
seats on the bench. After some preliminary pro-
ceedings, Judge Edmonds asked prisoners counsel II
they were ready for trial. Upon being answered in
the Affirmative His Honor directed the clerk to call
the jury panel Twentyfou jurors having answered,
the swearing in of the jury then proceeded with
Mr. Ferdinand Lawrence was the first juror called.
Prisoners counsel announced that they would object
to him for principal cause. Mr.. Lawrence then
asked If he had heard anything OF this case! He
replied that he had read it in the newspapers He
next asked hehad formed any opinion of the guilt
innocence Of the prisoner He replied that he believed
every thing he read in the newspapers He was then
asked II it would require evidence to remove his
opinion? He said certainly, that it would Prisoners
counsel objected to him on the ground shat he was
biased In his judgment. The Court then enqured If
he believed every statement he read in newspa-
per p? He answered, 81 only say, when | see a
statement, believe it, until the contrary is shown"
The Court then remarked they had long felt the in
convenience of the rule which set aside jurors merely
because they happened to read statements in newspa
pers and the obstruction and delay 1t occasioned to
the administration Of public Justice. 1t was the
practice with some gentlemen who wished to be ex-
cnerated from jury duty, to go to lawyer, pay him
S5 and get his advice how they could evade the jury
laws Qle the Judge did not mean to make any
allusion of that kind to MIR. Lawrence) They
were told to read statement in the newspaper, and
to form an opinion on the case, and that that would
exempt them. Such conduct was most reprehensible
and unbecoming in good citizens. We are COM
of your fellow citizens that you unfit
serve on this jury from having previously prejudged
the life Of your fellow creature: He was then set
aside Three other jurors then set aside for the
same cause After which the jury without
further trouble. The following the of the
jury Joel Kelly. forema Philip D. Downing vii.
liam Haddon, Samuel Warner, Daniel Earle Bern
Bosch, James NJ Trimble, John II. Daer, Bernard
Moses, Parson Platt William Field, and Isaac d,
Smith. Mr.. Joachunson, who was associated with the
cution. go
MICHAEL REILLY WAS tho first witness called for the
prosecution. Examined by the District Attorney
avenues resided there on the 10th Of April last. On
Sunday afternoon left home and met prisoner the
avenue going towards 3d street. he asked witness to
go with him far as goth street We went together,
and on our way went into Tanners public house,
where he met some persons whom he knew Prisoner
spoke to two young men who were there. AS we were
standing, two dogs got fighting outside; witness
came out and 80 did prisoner; some person present
told him to separate the dogs 1t seems that
kicked prisoner dog or the dog that he had with him.
prisoner told him not to do 1t again. Or he would kick
him; a crowd Of some or 10 gathered round; some
came out OF COOgan'S ana sSme ouI oI l6nnersi tne
row was then stopped prisoner went towards 18th
street, while he was gone the parties began to fight
again; witness saw him come back again with club
in bis hand cannot say that the produced Is
the he had it is pretty like it, the crowd then went
towards Coogans stoop; saw the prisoner raise the
club, but did not see him strike any one. On mo-
ton of prisoners COUNSEL the for the prose-
cation and defence were ordered to leave the room
g What do you say az to the size of the stick
29th street. about half past six | was talking to two
young men on the Fourth avenue; the prisoner
up to and said that he had struck Coogan on the
forehead, and that he was afraid he had killed him.
he afterwards said, that If he thought he killed man.
he would go to Black Rock and drown himself the
prisoner had, the day Of the murder, McDonnel's
pantaloons and vest he had coat on ; he wore
cap. THE vest nov produced was Identified by the
prisoner Heard Of Coogan's death between nine and
ten O'Clock the officers came to look for him about
eleven O'Clock he was not then at home.
CroSs-euumined.-Saw Jacob, the prisoner, the first
time, about six O'Clock that afternoon when
coming ont Of Tanners the dogs were beginning to
fight the crowd came-some from Tanners and
some from Coogsn's one of the persons took hold
of the black dog does not recolect hearing any one
threaten to strike the prisoner they all talking
very loud, and threatening to fight and actually
fighting before prisoner went away saw no stick but
that which the prisoner had the fight lasted about
ten minutes before prisoner went away does not
know whether any Of them knocked down !;
they pretty much all fighting the fight
stopped as prisoner went away but all the parties
remained there was loud talking cursng and swear
ipg but wit ness saw no blows; they began to fight
as the prisoner was coming back again. did not know
any person in the crowd but the prisoner there might
be persons there that would know if had see them
after the first the crowd moved towards Coogau,s
house and were his stoop when the prisoner came
back from the engine house, witness went away, when
he heard the woman cry. for gods sake do not kill
my husband
WILLIAM SMITH, examined by the District Attorney
Lived last April at the corner of Avenue and Six
tenth itreet; knew Patrick Coogan; he lived at the
Of the Fourth avenue and Thirty first street.
was present when he was killed; 1t was on Sunday AZ
ternoon; the diagram now produced is correct one.
The diagram was produced to show the distan from
Tanners house to the engine house At four O'Clock
in the afternoon of that day went into the ROOM
he not there; witness went up stairs and found
him there and had a conversation with him; they
then came down stairs talked while there the doors
were shutD and heard the noise of dogs deceased
tad, "spce the engine house came up here we are
blessed with with dog fights VIC then went out and
found two dogs fighting the dogs ceased and the men
his and said desr s is ss
stop this muss;'' the witness then ceased; he went
into bis own house with two men acquaintance. At
this stage of the Judge Edmonds was taken ILL.,
and ordered recess until two O'Clock.
AFTERNOON SESSION.
WILLIAM SMITH, recalled.-After deceased and wit
ness went into his house. several persons had arrived
outside with clubs and were endeavorng to get in;
Mr.. Coogan resisted them during this time witness
saw the prisoner at the bar, come up with the club
he raised it with his two hands and called out now
boys, go in - witness then called out "Coogan look
out for the cluby', witness then saw the prisoner
strike Coogan onthc head as he closing the door
prisoner then raDAway towards Thrty-second street
the deceased lived about two hours after he had
Cross.eramined--Tbere were several men at Coo
CAMS bar when witnoss went into the house Coogan
did not drink while in witness company there
when witness came down stairs with Coogan, there
several men in the bar.room; witness had been
in the bar-room some fifteen minutes when he heard
the noise Of some setting the dogs to fight the
deceased the first to open the door and went to-
wards where the men were quarrelling there were
IL or IA persons engaged in the fight knew two
of the persons engaged in it the deceased did not
strike any one, he merely went in between thcm to
stop them from fighting, which done deceased
then returned to his house did not know whether
of I'm rtv hat
that had the clubs Patrick Boyan there his head
was cut with what sppcared to be part of the handle
Of = hod did not soc any blood upon the stick with
which Boylan was struck The club with which de-
ceased was struck Nas here shown the witness Is
certain this is not 10 club with which Boylsn was
struck; 1t longer and thinner stick did
Coogan strike any one during the whole affair he had
no stick or club in his hand during any part Of the
ARRAY; did not hear him say he would go and
get any fireman to shoot the damned rascas he
used no violent language whatever there were about
10 persons the outde attempting to get into Coo