The New York herald., 1849-05-01
TWO CENTS.
know what he went to New Haven for witness did not

know what he went to New Haven for witness did not
the name of DR. Mott prisoner and witness have been
frequently at the store in Leonard street. the prisoner
deceased at prisoner. were pretty large, and were
thrown with good deal of force; Pierce the prisoner
lived in the house Of Mrs Lewis in Leonard street, he
lived there with female; she Is now in court.
GILLESPIE, sworn--Saw the organ man struck
while he was down, by the prisoner; he struck him
the head once twice.
The case for the prosecution here rested
Counsel for the prisoner opened the defence, and
argued at considerable length that at the worst the
case could only be considered manslaughter; they
would show the prisoner intoxicated at the time of
the occurrence and in addition they would prove that
the deceased first knocked the prisoner down, and
hung three large pieces Of ice at the prisoner They
man. Under these circumstances he thought the
jury would be justified in finding verdict of justiha-
bic homicide; at all events on the proof as IL now
stands, they could not render verdict of murder
A. WHAcEfoRD examined for the Defence know
the prisoner for six years knew him to open oysters for
ahVlngi saw him in Mulberry street. No. 49, the
ming OF the occurrences with the prisoner there;
they both drank there twice three tines from that
they went To another store at the
tire and Anthony streets drank twice therc met Dr.
Mott alias Flanagan thewitness he with them to
the last place. Dr. Mott went with and drank with u.s.
went from there to Little Water street; drank
there aso witness left Pierce and Mott there and
to get his supper prisoner is peaceabe when not under
the influence OF liquors when under the influence of
liquor, he seems to be crazy.
THADpEus SMITH, (colored) sworn. - Came here
from Blackwells island recollects the night of the
murder; was standing in Leonard street at the
of Orange; Pierce several times before Perc
came out Of the grocery store he stumbling an
ran against the organ man the latter began to jaw
the prisoner, and the prisoner jawed him back; the
organ man hit him in the neck and knocked him down;
prisoner got up and again jawed the deceased; the
organ man flung three pieces of ice at him; prisoner
then went into the store brought out the club, and
struck HIM he hallooed police and went into the
middle OF the street; prisoner followed him and struck
him three or four times with the club.
TO the District .attoney- Witness is now serving out
his time in the penitentiary for petit larceny was
JAMES PRESLEY examncd-Knows Pierce since he
child gets living by carrying oysters round the
street. and opening them never knew him to be other
WILLIAM PIERCE, examined-Is uncle to the prisoners
he drives cart sometimes and opens oysters for liv
ing; witness never heard thing against
him; always considered him quiet moral boy.
Mrs. SHAaKY, examined. prisoner about three
years; his character is good thought his disposition
good.
HANNAH PIERCE examncd-Is the grandmother of
the prisoner she lived with prisoner principally since
his mothers DEATH his disposition was mild and good.
FANNY Lyons, examined.-Knows the prisoner from
his childhood always thought his disposition good
ANN PIERcE.-Is,aunt to the prisoner; has lived at
my house; always thought the prisoner was quiet and
Of mild disposition.
he evidence the defence here rested and coun-
sci for the prisoner commenced summing up; he
replied to by the District Attorney after which the
Court charged He said the prisoner indicted for
murder but they could find him guilty Of the lesser
crime of manslaughter they might also if they be-
ieved that the deceased did his death by
violent means, acqut the prisoner; if they believed
that the deceased came to his death by the fall they
would also acquit the prisoners and lastly If they
eved that the deceased gave to the prisoner sufficient
provocaon. and that it necessary in his de-
fence to intct the blows which caused death, they
would also acqut the prisoner; but, before they
to any Of those conclusions they must weigh the ev
dence well and ask themselves does the testimony of
any of the witnesses warrant them. The distinction
| between murder and homicide is, that, in the former
the intent Of the party to kill his adversary the
ingredient which constitutes the crime of murder il
the intent appears, after the first blow, It is su
ccnt and the jury to judge of the intent by the
ture and quality of the blows inflicted; you also,
infer the intent OF the prisoner from his subsequent
conduct and you believe that he intended to kill the
deceased, then he is guilty of MURDER if you do not
infer the intent then you fall back the lesser crime
Granddaughter His Honor defined the different degrees
Of manslaughter and left it to them say whether
the evidence brought the offence with which the
prisoner is charged within the definitions above given
The jury retired about half past nine o'clock, and at
quarter to twelve returned into court with verdict
Of manslaughter in the second degree-the foreman
remarking with the assent Of his fellow Jurors that it
was aggravated case. The prisoner then
moved and ordered to be brought up tomorrow, (this
morningD to receive sentence