The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-20
Court of Oyer and Terminer.
Before Judge Edmonds. and Aldermen Crolius and


Before Judge Edmonds, and Aldermen Crolius and
Stevens.
SENTENCE F DAVID SHERRY.
Fer. 19.-DAvid Sherry convicted week Of man.
laughter in the second d'gree, for the homicide Of
Edward MCGUIRE in Norfolk street the 18th of No.
few brief remarks from his honor the Judge he was
entenced to be mined In the state Prison st Sing
sing fer four Jears and thee months, and then
Alderman Crous vacated his .eat on the be nch and
his place was taken by Alderman Fitzgerald.
TRIAL OF THOMAS MADDEN FOR THE MURDER OF
KEHOE.
Thomas Hsdden INDICTED for the murder of John
kehoe In Cherry street the 22d Gay Of November
last by striking him the head with Il slung shot,
va put 10 he bsr The prisoner to about 81
y'art tfaqe fair complexion stands about feet In.
nd 'lial ty built. TIE Clerk proceeded to the
tock place between Judge tdmonds aud one Of the
gentlemen sumpoBed to attend a. Juror
heard anything Of the which Is now about to bs
tr,eo?
JUROR oh yes read all about it, and argued tho
care pro and con with reversl Of my acquaintanoes
JUICE Where did you live when the occurrence
took place?
JukoR-- In tho Bowery.
JuDGE- II that far from where 1t happened?
JrkOk-Oh yes; long way.
JuDoE-How came you to read and argue twas 1t
to get rid ofjury duty!
JUROR No, sir
JupGk-Wbat would you think Of me, II l. Is . judge
newspapers |, order to bias my mind that might get
rid Of tho performance Of my duty? You may down.
sir: you sre nnntto be Juror. The Judge, In con.
tpuatioD raid be sorry TO ray that the admins
rstion Of justice WAS very much impedsd by gentle
men reading expa,te accounts In the newspapers and
tbeL fol ming opinions to get lid Of jury duty Thus
tsaid hey driven to take the mort terate and
ignorant persons In the community for jurer. while
the intesen and educated sevrd Of duty they owe
to The pubic by this uLwortby means
The following named &c utlemen were sworn OF the
neil, James N Browne, Philip B.nstrrm' JACOB Bruct
Gies Buthnsn. Philip Rolhsns Jacob w Goodwin,
Chss NJ Chatterton, Jshn Williams, Henry Brusk-
fnN nd Inh N l.
| The As,isrANT DIsTRIcr ATTORNEY then briefly
opened the case Is it appeared In evidence
| protsoution = Lived on tho 22d November in Cherry
stset occupied the whole house knows the prisoner
vember, Kehoe, Lsver, and OF others, in
back roem In my houee We were sitting round the
stove; 1t was between IL and IL o'clock at night we
heard an unususl Doe 10 the hall leading from the
street to the yard the ball s appropriated to the
Of two horses; witness heard heavy fall Of man
be cried out boys, don't kick mel" thought the dim
Guilty might be win people in the other house Wit.
ness got out In the entry and saw man lying In the
the pext saw vas primo d named Ampbell
In The yard, tho name Of the man Who was down
Dewitt; dent know where he is now; have not
him for month; prisoner had liz hted candle Ia his
hand; Kshos said it was very badly done to use the
an 70 especially % they aba to help themselves,
1t Of his business he locking for his dog
that be thought no was ic the building; Hidden
up ,tar,; dtc.s.ed is,d hold Of him BY the brs.ss
and raid he should o. leave the place until he knew
whether the man that was lying In the hall was dead
or mott prisoner said he would, and that he should
either have his dog life before hed leave tho room;
they both then took hold Of each other and rushed
into my ROOM they forced each other distant part
OF the room. and Kshos pushed into chair Law
er, who was In my loom, intsffered between them,
and raid let us have no noise; they continued how
ever 10 nee III language towards each ether. and ke
hoe withdrew himself from the prisoner after about
minute, deceMed from the chair where he sit
Other; La~er stepped in between them, and prisoner
drew something cut of his right eide poe and did r
very quick and med to run round his wrist after
which be made blow at K-hos which the latter re-
csivtd the head he fell back sgainst the PRESS
Of er about half minute, he again, and caught
pIfon.r by the breast the police then came in and
they separated them the dscessed received the blow
The left tide If the head the ear he bled free
ly; the blood fo~ ed bis breast describe
the ipstrupt with which pr on.r struck deceased
bssId 10 su ng ebot; oftsn heard OF sung shot,
but never bad enc in my hand saw no blow given bat
that by prisoner; cannot ray whether there .
string to the instrument; tbnAs there but could
net see IL; he IL nder the sleeve Of his coat
proper not arrested that night the officers went
10 eoh after The other ana the prisoner walked
away; raw the deceased 'sveral before he died,
and also after his DEATH he died on the Esd Of Deem
Der.
Cros"tzamin.d:-Ksepsa grocery and liquor store
In theIIy street kept store Of the rams kind last
yer IN Oliver htreet. but don't remember the
Ter; II within three doors Of Cherry lived there
nine month";; bsfrs that lived in the of Oliver
ttI.st lived privately; wa, occupied at curing pork
for e1poI,atop; scm-tiI-es kept boarders; had none
st tie time Of this CO; had not kept worisn
besders at hat tme Kept permane Mt boardrrs
they generally came made their beds, and mt away
IN TIE noi ming; sometimes made up five ak beds
| womsc might sometiWrr come With her husband;
wss lot cfunk the night Of the ARRAY; they ali
sitting round the stove cbettipg about cid times did
rot drink more than six eiases from the time go up
gla,st,, that day; viii swear did not drink seven
Giastes; dIsrk moe te.r than brandy,
How nary IN tsnily have you!
A hon, ekee per servant girl
Q.-Do and your housskseper occupy the same
spartn.D
WI eue,s an not justified in answering that
CovshL-Wtl, guess you will be justified in ans
wtrpgit
COUNSEL oh well, Mr.. Kane, ! think you will Be
quite rate In answering the question.
W.-WtI, then Sometimes
Where 6'es the servant girl sleep
q Does the houfeh.epsr sleep out occasionally, at
i She DOES not
Q -How late does she stay out at night.
Al never knew Der to be out at an
q How many bed, 10 the room where you slept!
A-Two, and Tor . tile girl
Q.-wue you examined BY the Coroner: jury
that that prisoner said he would have
either lite or his deg
Q.-who took out The light in tn. hall?
A. DID and the pr,so ner had one also the de-
ctafed about fifteen or sixtes stone weights he
wss u yoy stb.tic man did not hear Campbell call
fer. the Coroner that heard smpb~li cau watch
Q.-Dio ysuswear before the Coronsrs jury that you
A. No cir, / don't remember did; I saw Campbell
rsne chair, spd make blow at my bousekeep-r;
witn.n put up hi. hand and warded of the blow; he
let the chair ia ths n and it vas broken
JcrN LAwLEa. examined - o, ards at No 81 Cherry
ctr, et vss ut Kanee bouss the night In question:
knows the prisoner about four ypsrs, and Kshos for
sne time. Here IL became EVIDENT that the witness
sss intoxicated, and the Judge dered him of the
ssb6 and incomp1yipg. befsI 81, which created tit
ter the room; officer then directed
to sks him into custody spd Keep him until morning
BAETHoLonyw BRyN and examined Lives
a. 20 Cherry ktree'; was 81 Ksne's house the
mig In qrettoD there Was dis u bance outside, and
Ksie v,Lt Outside the Go,r the remainder Of the
w,tnfs etimo ny vas the saue nKanes, except that
h. testified that K.hte vent with him and remained
viii Tim that NAL kvhee mp ain Of head
two wf,ks sf erwa de- that he sd bad h~sdach and
biz h. 40 sore the night after the Kshoe
vent TO dr. geist'e In Wssbippton street. I'D got
platter svpIi.o TO his head saw him when he CON-
nbtd TO hi bed.
Cross ,3smrtd- On the right In question only sew