The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-02

Court Of Oyer ana rsr'ntncs.
Before Ju toe Edmonas Aidsrmsn stevens snf Dodge
TRIAL OF JOHN s. AUSTIN FOR AuRDEa-sEvEHiH
DAY.
MARcH 1.-The Court opsned 1t the usual no. n
after which the Of the jurors were called and
the proceeded with
Doctor WiLrsxs, the City Coroner, ives che first
witness called for the prosecution IL Co<0ner OF the
the BODY Of Timosfy shea the dsy after ne was Killed
and the next day after that, McGovern tina
wit ne,s exsmIned reduced his ssion 60 wrtng
took 1t down correctly examined HIN partly BY
tons and partly by allowing tel, his ow story
after had taken down his examination I read It 60
him aud the jury; thinks he proposed corrections
to It in some parts the vera sds
by repeating the question to him. and ystti
him was that what no said the arss reAding OF ic
to him, he made sne or t~o eorrertions hs did not
propose any correction which dsresardsd and did
not make the corrections made before he sixued
It; read tho deposition to him very slowly aut dts
tnctly proposed corrections TO IL tho $500 I'D
day, and mono were made; swsre him to 1t on both
TO The court-Ths reason had two sxsmin a.ious
war, tho first jury did agree, but 5000 al did
wtnsssin continuation The eposition prodas.d
10 that Of MoGovern witness now holds in his hand
| the deposition of Geo Smith; 1 examined him And
| read ever his Deposition to him the second day;
the depositiens Of both these persons Ia
condition when they completed; mined
ton of the pile of coats; thin tao suggestion
should examine them came from OF the urors; the
| examination Of them took place before the second
jury; the iuggsstop, WAS that the coat should ~
brought in to tes II Shea could identify IL; numb,r
The room belonging various
wit suggeht-d they should al be- hung but some
other person suggested they should BIZ thrown iAto
| pile; She's was called from another ROOM vi ness told
him TO for ward and ste no could de0tify the
sner handling OF them, took hold OF vait,,s
coat remarked that looked nothing like, but
that he would that that coat but he
said Austin's had stripes It; thinks the coat
| he took up had not stripss 1t; the pro-
duc.d Is like tn, he up: witness told She. not
to BIZ in hurry. but to be careful Ia the selectioo
after handling several Of the coats he took hold OF
Aus,iu's Goat, aud after looking at 1t moment, he
tf h. mild
the Coats that ended the examinations; he added that
he would recognise the man who murdered hts
Cross examined Has been Cor Of this city and
county for tive Year,; before became Core ner,
habit Is to take the answer writing, word for wo1d,
without the ques' ion.
O. Did you @xamne McGovern by questions and
s aaaY by allowing him to give bis own version Of the
A.-Yes sir dent recollect exactly what part he
narrated what part took by question ana as yer;
there parts Of the testimony sometimes don't
think pertinent to the question; don't remember
that raid to MoGovtrn that there was some OF his
Testimony not pertinent. bat that had taken dewu
all be raid In ubsta nce but might have said SO;
don't rsmeu-6tr having refused to but questions
rns .esttd by prisoners COUNSEL might have refused
to put questions euggested by him winch oon'idersd
not pertinent to the ssue the general rule Is to pat
sill queso1 suggested by counsel which are pertinent
to !he Issue; don't say took down every word the
witness said; | remrm ber there correction
made at the suggestion of the Witness now say every
correction that sugge ted by the made
perhaps not in tho words suggested by the wit
but in such language as conveyed his idea;
the first exsminsti continued for about six hours
the second did not continue long, there good
deal Of difficulty between myself and pris0 uer's
sell to make our notes agree on the second inquest;
administered the oaths to the witnesses the
first, an then read their examination the first in
quest at the fame time.
were made on the second examination; l don't re.
member that McGovern, on the second inquest said
that he was misunderstood; l don't think he did;
have ne recollection OF hts saying anything on the
subject; don't rscollect Of refusing to take
swer to qurstion put by juror to cGovero, on the
ground that it was already Substantially answered;
don't remember that the prisoners counsel objscted
to 1t, nd said that II the deposition read he
would object to it, but 1t is very likely he said for
he objected to everything ! had done; remember |
stated that juror had right to put every question
not euo.Sina th;, r..tn.n, ~ s,s y,
hand; when the subject Of the coats was mentioned,
proposed to hang up all the coats but did not sug
gest that Austns coat only should be- hung there
was misunderstanding Of my language; some psrson
undt rsood to say that should be hung up
never intended to have Austin's coat hung up aone
my suggestion was that they ell should be hung up
remember Patrick the old mans SON was there, and
ing TO deceive him, threatened to put him out of the
room for his 1t after that desired old
She's to take his time in selecting the coats d,A not
suggest old Shea to get spectScer considered the
whole exsmin alton of the coats farce; calculated
that old Shea the moment he the coat would iden
tify it, and II the suggestion had not come from u
Tor, would net have permitted it ut all; witness
points cut PARTICULAR part Of the Deposition Of Nc.
Govern in regard q eoti0n his position AZ
the time the pistol was ared.
Here counsel read tho deposition ofMcGovsrn, and
afterwards read part Of Smiths, the witness from
Baltimore, exami ned yesterday The for the pro-
secution and defence was here closed.
His HoroR took occasion to say that In future, he
would require counsel both sides to present the
propositions Ia writing which they wished him to
charge, and that sitter the charge delivered, they
would aiso present their exceptions IN writing; that
discussion would hereafter be allowed, after tho
case Was with The jury. The practice heretofore Of
presenting propositions aud exceptions verbally. was
n - of rpa I'm lar
both to the court and jury, and he wished to notify
The bar that from aud after this tms thu rule now
adopted would be strictly enforced
The JUNIOR COUNSEL for the prisoner CONNIE cd to
sum up for tho defence He congratulated the jury,
after this painful lsbotious thsy
had arrived nearly at the last stage of this important
trial We lvetsid helm Christian nit nd
oics that ali nstitut.ons upon great
principles Of theC hrstisn religion Hs then went to
state the which the jury had to decide There
he said, certain facts In this which could
be denied; ans was that Shea was killed. and the ohsr
circumstances under which he had lost his lif.' The
prisoner was charged with the commission Of one OF
then vent to define the crime of murder from the
statutes Of this State, and from various elementary
works the subject From this definition he argued
that the jury should the conclusion from all
the testimony before them that tho prisoner at
the time insgated BY malice prspen's III he ared the
sste that the whole of the evidence vent negative
such conclusion Their next inquiry t,f they should
be Of opinion shat the crime nov charged was not
murder) would be, was 1t uslauShter! He then de-
fined the crime of mauslaughter in its eevera d.gress
from Fosters treaties on crown law and argged that
even though Austin was trespasser on the pre-
mises OF the Sheas it he shot Timothy Shea, his crime
could not be considered more than the
4th degree Counsel went 10 state that there was
mystery about the which could only be cleared I'D
by Nesbit whose mouth was sealed by b.ins led
In the ndictmen mt with Austin and includ-
ed "a to deprive the prisoner OF the benet Of his e
money. He thon aivsrted TO the testimony adduosd
in the cause, made running commentary upon and
on the character Of the witnesses for the
the effort wever OF the prosecutors counsel Is TO
fssen the firing of the pistol the prsone aud
efsct that object Clara King called to prove she
raw him fire It He proceeded to animadvert on the
pronigsey of this woinsn's life and character, aud
said that without adverung to her oharac
ter he would show, by the tssti n0uy OF Captain De
Whit, that her statement In asstent With the
truth OF the real facts the rhey would
Der that between the station house aud Sheas there
about 100 feet and that Captain De WHIT met
Austin within rs feet Of the station house, that when
he met him Austin was in so disabled n state that he
scarcely able hold himself 10 ala svorn