The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-26

ting the gentlemanly clerk Mr. Vandervoort. and his
assistant Mr. Sparks, have had mouth Of hard labor
and deserve all credit for the persevering manner in
which they gave prosecuted that labor In order to
keep the prison list low as possible now that the
warm weather is approaching.
Court or Oyer and Terminer.
Before Judge Hurlbut Aldermen Mullins and Wood.
MAY 20 - Tiaief w Thompson for the Murder Of Bernard
Monaghan After the court organized, the Clerk pro-
several peremptory challenges by the prisoner COUNSEL
William IL. Quincy and William Sloan n
the jury was then completed The names Of the jurors
Samuel Hart Silas z. Downer, VIM II. Miles, James
Hardwick Samuel l.. Johnson, Adolph Ramsay, Da-
mel ONell, Geo. J. Badger William H. Quincy nd
William Sloan The associate District Attorney stated
the case for the prosecution He said the facts
that James Monaghan, the deceased the evening of
Sunday the 10Th April last, in Centre street. was
standing talking to emale that prisoner and Of
his companions were passing ut the time, aud made
sohc ms u.ing remark on the female with whom u.
deceased was talking upon which the latter resente
IT. and made blow With his Gst at one of the persons
Sno Un "ta the s1
afterwards closed with him and knocked him down;
the deceased wac soon after picked up and taken to tn
station house, where he died in few moments; the
prisoner was arrested on the spot by police officer
named Watson, who has since died
CATHERINE MACK sworn and examined for the prose
cution.-Lives now in Water street lived in Anthem
street on the 18th April last knew James Monaghan
for about two months before his death recoect the
Sunday afternoon that he stabbed saw him that
afternoon at three o'clock speaking to him in
Anthony street between Water and Orange streets (;
they were talking about five nutes when persons
one named Quin, the name of the other witness did
not know, came up; Quin a low sized man Quin
spoke TO witness in very insulting manner Monaghan
the deceased told him to go away that she the Witness
was not ready Monagh ad he might go before he got
ready having first told him to go about bis business;
the deceased then went up to where Quin was. and
Qun pushed him away with his hard; Monaghan then
went forward again to Quin; the latter struck Mona
CHAN, and Monaghan struck him back; Monaghan,
Qun and the other person. went away from where wit
standing. in the direction of Centre
when they left witness thought the quarrel
over; they did not appear to be quarrelling;
utes, when she tho prisoner strike the deceased
with his hand they both fell Monaghan under did not
him then at the Tombs, he was laying dead witness
was brought to the Coroner's inquest by police Off
Ger named Billy Jenkins; witness was directed to view
the body. Direct examination Of the witness here
closed.
The witness underwent long ,examination,
but nothing material to the defence was elected
JAMES News, examined for the prosec ution -Recol-
lects the Goth Of April last witness sitting in his
basement in Anthony street; about three o'clock
that day witness was sitting at the window reading
newspaper; heard some noise the walk went the
door and saw three men standing on the walk; Quiu
and thompson the prisoner, two of them the
third man witness did not recollect; Thompson was
next to witness; he had knife in his hand his face
towards Centre street and his side towards Witness
the knife open; there witness described the posi-
ton in which prisoner stood the deceased out
Of 144 Anthony street. opposite where witness was he
ran across the street and struck un and staggered
the next; Qun stepped up again and he and deceased
bad another clinch they pushed each other it
ed TO witness that Monaghan was trying to get Mt Qun
tho three were showing each other along; Monaghan
struck at Quin second time, but did not hit him. Mo-
naghan, with the effort Of striking at Quin threw him
self in front Of Thompson, but did not touch Quin;
Thompson had the knife down by his side, and immc-
iiately struck Monaghan with it in the breast he
he struck, he shut up the blade and put tho knife in
his pocket witness stood about eight feet from them;
witness cannot be mistaken in Thompson after the
SIN zach M thar tn straat md
Thompson struck the deceased on the head; the do
ceased fell the curb stone and Thompson Stun
bled over him and fell; he picked himself up immc-
datcly; Monaghan then got and stood in the street.
and four or five people collected round him: officer
W atson came up to him and brought him to the walk,
when he fell again, from weakness the prisoner
while Watson had hold Of tho dcccased slapped Wat
the shoulder and told him to take Monaghan to
the station house, and that he (Thompso would ap
pear against him; Monaghan was then taken to the
station house, and Watson arrested Thompson and
brought him to the Tombs; the witness underwent a
severe cross examination, but his direct testimony
manned untouched.
WILLIAM QUEEN, (oolored) sworn and examined for
the observation-disclosures was In Anthony street the
evening the man killed; witness sitting on the
stoop saw three the side Of the street where
be was sitting; young man run from 144 to
Them; it was the young man they called MouaghAn nc
came up to the three men; the prisoner pushed him
back; apparently, he wanted to fight another man,
who Of the three when no got right abreast Of
The door witness discovered the prisoner with knife
in his hand; he held his hand down by his side saw
The deceased strike at Qun prisoner showed deceased
away; ne struck again AT gum; from the force OF the
blow he got in front Of Thompson; Thompson had the
knife in his hand all the time when deceased in
'front.' OF him, he jabbed up with. the knife, and
then shut it up and put it into his poo ket when
they got up towards the corner, where the crowd
witness the deceased start out into the street
from the sidewalk; prisoner followed him, struck him,
and knocked him over; Monagan then got up, and OFF,
Watson came up and brought him to the sidewalk;
he then fell again, and witness saw the officer stoop
over him, If he about to take him up they all
went to the sation house and witness more Of
hem; told what he knew at the Coroner's inquest
CARoLiSE CoLEs (colored), sworn and examined on
behalf Of the prosecutionWas in Anthony street the
night Of the murder; sitting the steps Of the
house No l43; the deceased tho street.
md strike at ono of the that with Thompson;
Thompson had knife in his hand before the young
nan came up after the young man had struck at the
nan who was with Thompson the latter jabbed up the
knife and struck HIM upwards with it, Here the wit
ness described how the blow was given) Thompson
hen shut up the knife and put it in his pocket.
HUGu KELLY sworn and examined.-Was present
when the deceased ran acsoss the street, saw Thomp
him into the gutter and fell him; officer Watson,
who is since dead, came up and caught hold Of Mo
nagan Thompson said, :" arrest him, have charge
against him.
physcian assists the Coroner in making post norton
examinations; made the post mortem examination OF
N onoghan il made at the Sixth ward station
house, found puncturcd wound tho left side. be-
vecn the fourth aud fifth RIBS IL about two inches
below the left nipple ana little IN front on opening
which surrounds the heart and entered tho left cavity
md into the partition between the two ventrices the
distended With gula blood there
PEI haps, about six Of blood; the reason
reached that part Of the heart that tho ribs of
deceased were wider apart than Is ssnal the wound
vas made by sharp instrument 1t could be made with
inch an instrument ms the knife now produccd the
direction Of the wound upwards aud inwards; the
Tound sufficient TO DEATH there Is no doubt
nc died from It, after such stab man might live M
teen or twenty minutes; the part OF the heart where
he wound was, has the power Of contraction, and from
That circumstance tho blood did not flow out with the
same velocity rs Ii the wound was inflicted on the
aurcles upper part Of the heart IL the wound
In the lattci he would have died insantaneously; the
wound about three eighths of inch in breadth,
and about two inches in depth.
After the examination Of this wituoss the court adj
ourned
4 he court having suggested that they reason
why the jury should be kept away from their families
for the night and counsel both sides having con-
sentcd they allowed to separate, being first ad
monshed by the judge not TO with any person
M the subject Of this trial.
Mans AT PAyAN,-ExTRAoRpryAR PROCEED
iya.--We are indebted toa correspondent for
LET from Panama, dated March o1et, from which