The New York herald., 1849-05-30
TWO CENTS.

Court OF Oyer and Term,rer.
Before Judge Hurlbrt, ,,Sd and Aldermen Wood and
TRIAL OF THOMAS A. WALKER FOR THE MURDER or
MARTHA e. WALLER.
SECOND DAY. t
NAY 2e.--At the opening Of the court this msrnins.
the prisoner sPPea.sd in charge Of an officer and to
JonAs B. PHIllIrs Esq. Assistant District xttofnsy,
dctment against the prisoner Thomas A. Walker,
charged with having, on the 9th day Of February In
force Of arms and with malice aforethought then and
there by pistol bullet leaden ball. inflicted fatal
tbs noond upon the person Of Msrtha Walker sgans
said that the duty Of public prosecutor was IL
ways an unpleasant one, and especially so when
beautiful woman, on the 9th Of February last. xss
rushed into eternityi and though no eye but Omni-
science witnessed it, and though murder has no
tongue, the circumstances pointed to the prisoueR
Thomas Walker as the psrpetrator Of that act The
soner but unhappy difference es having arisen betwes
them on the 9th day Of February made sppli
es.on iSI limited divorce by which alimony and
Of the prisoner The that application was to
have been answered under oath at the expiration OF
twenty days. but his counsel obtained extension OF
that time. He then recaptuated the circumstances
connected with the death Of Martha E. Walker and the
The evidence would be for their considerations they
were not to be governed by any prejudice against the
mlfplbce0
The District Attorney, JoHN MckroN ESQ here pre-
sented the pistol containing FIVE charges which, to
avoid accident he hoped the court woad direct to have
The prosecution is conducted by Ambrose l.. Jordan,
ESQ., Attorney General: John McKeon, Esq, District
Esqrs.; and the defence by Ogden Hoffman, Charles
O'Connor, Nelson Chase, and Richard Busteed Esqrs.
TESTIMONY OF THE PROSECUTION I,-l-. iss
ELIZA II. WELLS sworn-I knew Martha E. Walker;
she was my brothers. daughter; she is dead she
died on Wednesday, the 2sth Of February last; shs
IN n l.ex aver hetw hvo
and six months before hor DEATH she died In the house
No 40 Lexington avenusi saw her the day before hsr
death out in the morning of the day before she
died. left the house about ten O'Clock, and returned
about tive o'clock; this Tuesday; entered the
Of the front parior; entered through the front
door; the servant let me in after rang the be de-
paror; was at that time acquainted with Thomas A.
Walker; saw q coat on the hat stand as passed
when Mrs walker loft mo spd went % into s The Dss
and walked through the front room to tho mont *
the house, and returned through the room
TO- the top Of the stairs; there was door opening
that door was open did not take of my bonnet and
outer clothing before returned to the top of the
stairs; when ! returned to the rear room, sat down
by the window with my bonnet on; ] sat about six
eight feet from the top Of the stairs; could the
could through the door ints the hail. walked
to the head Of the stairs Mr.. Walker out
of the front paror take his of the stand and
into the paror he carried it in his hand it was then
went into the and sat down. sat in the
room until went down stairs the went down
stairs heard report Of something that report seemed
to be down stairs; the report like nre arms; whom
opened the door Mrs Walker lying on the floor
by the door; opened the door about half tho front
door swung toward the front of the house, the door
very the of the front psrlor about two
Walker was lying very near the partition wall between
the parlor and the hall as opened the door she
back to the wall she aid not SPEAK 1T that til time ala
not speak at that time that know Of did her
STIR did not see any one else in the paror at that
but the deceased could have n part of the room
but thought only Of deceased; the thing rsool.
drawing the door the girl said to me dont
90 In don't go in, am afraid you will b hurt''
bled SO much thought she could not go; then vent
into the street myself went into the street to look
without one; when / returned to the house opened
the front parlor door Mr. Walker stood about the mid
die Of the floor, with pistol in his hand pointing to-
wards the door; the pistol pointed towards me;
hen shut the door as quick AZ could and held 10
the knob, when felt some one turning the knob from
soon extrcated it, went to the front door where
the servant was standing; the front door was open;
recollect, Mr.. Walker spcke to me- and said +" Well
Mrs Wells, what shall do for you! Shall 60 for
hns not rer,ed have been to look for
front door Walker spoke to me; do not recollect
whether he then had his oyercoat; then found
myself walking in the street with Mrs Walker. and
walked, l think, q block two, and said to him,
:" have been looking here for a physician, but
have not found one, MIR. Walker said, can
find around the corner; then returned home
quick possible; when ! looked into the parlor
the second time and Walker standing in the room,
] did not Mrs. Walker; when returned from the
street and Walker, found Mrs Walker lying the
front window Of the parlor between the sofa and the
divan; If Mrs Walker had been lying in the same
place where ! first saw her when l looked into the
parlor the second time, should have her. when
saw her the window she seemed to be lying ON
her hands and knees; her back towards me; did
not her face; she did not speak; do not know
louder than groan; few strangers then came in,
and Mr. Walker soon returned with physician two.
In consequence OF. the sudden indispostion Of one
of the jurors the court here took until half
past one O'Clock.
AFTER RECESS.
At half past o'clock the court met but in con-
sequence Of the continued indspostion Of Juror,
adjourned until tomorrow "wednesday morning,
Judge Hurlbut ordering draft of fifty additional
jurors that might be chosen supply the place Of
Mr.. De Witt, should his Hines continue.
Supreme Court.
GENERAL TERM.
Present-Justices Jones, Edmonds, and Edwards
MAY 20.-No. 71-Gd,r Seiden "A reserved case, Is
now argument No 104-LoreH BeH-is the first
this days calendar; No. 103-Craig ct al. %.
CockYoft-having been argued
The Court will adjourn sine die on Saturday next.
United States Circuit Court.
Before Judge Nelson.
MAY 20 The jury discharged this morning,
which both Judges their sea m the