The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-20

in danger Of being struck said any that
II Mechan struck him no would have killed him; it is,
however, probable that he might have injured him So
verely; should think the whole transaction the
work Of minute
Q-Do you know William f. Waterbury,
Q.-Have you stated to him, or in his presence that
Donaldson acted IN self-defence?
Al have always said SO.
Q.-Did you state to Waterbury that Meehsn made
Al don't remember having said 80; Meehsn did
not take hold of him at the railing blows;
rather think he hit him but did not him hit him;
know MIR. Miles ! don't reoolect walking through
Leonard street with him. to point out the locality
where this occurrence happened
Q.-YOu referred to some conversation between your
self and Donaldson, the morning Of the inquest Did
Donaldson say, that II Bratto was held hs would como
forward and save him, II he was in any danger!
Aft he did, dsremember it; but said that If
Bratto in any danger, that an innocent should
not suffer and the whole matter should DO disclosed
Odd you not state to Mr. Holmes that you went
by directions and under the sanction of Donaldson
have Brstto released?
Al did make some such statement Donaldson
willing the matter should be disclosed if Bratto
was in any danger
Odd not prisoner continue to play several nights
in his own at the Bewery after this occurrence
Direct examination resunred-D onadson said to me he
did not want an innocent man to suffer words
to that effect he said the day after in the Bowery
1t is usual in tho management Of circus to have
to forward to prepare the machinery cut ropes &c.
for which purpose they must have knives but that
part Of Donaldsons business; he had no business
carrying knife for that purpose; did not that
Donaldson or tho captain was josted when Meehan
me, but at the time of the jostle he 10 u PAGES
off, when Donaldson against the railing; did not
see Meehan strike him at all
Q-You said that, at the time you were before the
police you had sympathy for him. Was not that the
reason you did not tell all you knew?
A-Donaldson was friend Of mine, and did not
wish TO say anything against him but what could
help 1t was Immediately after he got clear of the rail-
ing turned round and struck the blow 1t was about
the middle of the sidewalk.
The Court took a recess,
The Court met at two o'clock.
JAMES Is. WOOD, examined for the prOsecutiOn-Is q
policeman of the 9th ward; duty on the night
of LIST November 1S47 my post Franklin street
from Orange to Broadway recolleet the death of An
drew Meehan; think 1t the morning of tho I'd
November between one and two o'clock AM; passed
through Leonard street; from II O'Clock, AM, went
cut every half hour; stood mt tho corner Of Broad
way and Leonard street. at the Carlton House; saw
three men Ego down Leonard street from Broadway;
they might have got half way down to Elm street be-
fore heard the noise the one next the curb the
shortest could not them more than 100 feet
down. heard something like the fall of water party
came up Broadway, making noise; followed them,
down. one said, 'Here Is man, went up, and found
man lying on the sidewalk, his feet over the curb
four houses below the lamp opposite Benson street.
raised him up and leaned his head against my knee;
and found his hair head face, and clothes all blood
the doctor then sent for, who examined him, and
found small wound on his neck; he said it was tho
of his DEATH the body afterwards recognised
that of Andrew Meehan; the next morning saw
Bratto he had blood his boots.
CrOss-erawined-When you the first party Of
three going down Leonard street towards Broad
way, did you stand at the until you heard the
fall of water, as You suppose you heard?
.an@eer-I did, it was dark, foggy night; don't
think it clear enough to discern the features Of
person at distance; remained at the until
the three persons passed. else passed up if they
did, should have seen them; | think it is over one
persons be together side side thinks it
might be from to three minutes from the time they
passed round the corner until heard what supposed
to be the fall of water.
TO the Court examined tho place whore found
the body next morning.; found blood ON the sidewalk
fhnty aud fha Iol
about seventy feet from the lamp to where he lay
between Benson and Elm streets.
THos. HOLMES, examined for the prosecuton-Is
hyscian attends post norton examinations for the Co.
made the post norton examination on Meehan, at
the 9th ward station house. with Dr. Sweeny; found
the right side of the neck at the junction Of
the collar and breast bones it was punctured wound
"a stab it extendedthrough the neck, crossways into
the cavity chest it divided the carotid artery
the wnd-pipe; the depth of the wound about five
inches; should suppose it to have been made by a
of inch; the wound speak of produced death;
the separation of the artery the principal Of
his DEATH the deceased might have lived fifteen mi
nutes he might have died in five minutes the effect
of such wound would be to produce suffocaton from
the blood rushing into the lungs; it would produce
hitting and deprive party of the of his speech
party might think run short distance after the in
Fiction Of such wound; we found about u quart Of
Cross-eramined 1.-The instrument that inflicted the
wound met with no resistance; 1t passed above the
bones through the soft parts.
The case for the prosec ution was here closed
Tho defendants Counsel then opened the defence.
would be necessary to 20 at some length into the de-
tails of this 1t issue involving the life of
fellow creature, and In deciding it, he trusted they
would be guided alone by the evidence and by any
exraneous matters which had been dragged into it, by
the ingenuity Of the counsel for the prosecution, in
order to create prejudice in their minds against the
prisoner and to lead them away from the real issue
Which hsy 1 Of In'b to
worst manslaughter in the third degree
VIM B. DopGy examined for the defence-Is captain
of towboat for two years. knew Andrew Meehan, de-
ceased knew him for eight years before his DEATH he
for about three or four months in my employ, in
1S45; knew him in the employment of Others con-
sidered him bad man. he was very quarresome; the
first time knew him he in trouble, and the last
heard of him his being killed in New York; |
knew field fight in which he to be tho champion;
| was on jury or in court when he trial for
sabbng boy; don't know what was the result Of that
trial.
Cross-eramined-I had q difficulty with him. and dis
charged him from my employment; don't reeollect
anything about table; don't know whether he
convicted not for stabbng took him into my
ployment after thatdangcrous fellow he never
thought he would stab me; took him three times into
my employment after the stabbing affair; all the crew
went to look at the field fight as well as Meehan.
To the Court never knew or heard that he drank
Isaac BuR1rs examined for tho defence-Knows Do
MADISON the prisoner between five and six years. wit
was nag OF .ne $40 on
tached to the establishment he made engagement
with Henry Rockwell to go to St Louis; gave him
benefit before he went (Bil Of performances produced
He played tho 9Th November and for days
after II publicly understood about my establish
ment that he playing at 81 Louis with Rockwell's
Company; think saw Southern bill with his name
on it, announcing that no would appear a certain
night at New Orleans know Donaldson In the employ
ment of the Company, and was entrusted with their
money; hs WAS Of good-humored inofcnsive and
mild character.
and gave similar Testimony az MIR Burtis.
Passes rARMALEEa printer, was also examined. and
testified to the character OF the prisoner for mdne
JosrrX CARLrs,r, the owner of public house in An
thony street the deceased the character of being
very quarrelsome
Dawn GRAHAM Esq, went on the stand, and to