The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-23


Before Judge Morse, and Justices Wright and Hughes
Dsc. IA eOlorsd man named David soumsrset,
placed upon hi: trial yesterday 70, murder, in
killed Charles Spsmsn also colored) BY stabbng
hin several times through the bsdy, with sharp in
Mr. Moore briefly opened the case; he stated the
circumstances Of the affair. The first witness called
Nathan Johnson (colored) who testified as follows:
Knows both parties; was with them the night Of the
occurrence 1t about half past one in the morning.
left them, and had gone some distance when heard
deceased say, sommsrsst, you q d ID fool"
Prisoner replied he wsuld not stand that deceased
and saw prisoner down, with deceased over him;
pulled deceased of and Sommerset get up; looked
around and saw deceased lying down; raised him mp;
and person named Riley assisted me to decess
ed towards home; went for the doctor, and when
returned, deceased was dead; there was stab In the
side, one the nipple In the and another
the arm; the doctor probed the wounds work in
fruit store In Front street; instrument similar to
the one produced was found the next morning; ths
took place at the of North Sixth aud
Fifth Streets they stood In front OF the store at the
time the blow given; went back when heard the
was . much larger man. and suppose he might weigh
$50 puunds prisoner ut work in oyster cellar
known him three years; never knew him to raise
quarrel; the deceased and prisoner were friendly
Orson II. Smith sworn-ls physician and lives in
Williamsburg; was called upon to colored
who Injured. When raw him he was dead the
body cooliDg found two wounds in the chest two
in the arm and one in the head; held post norton
examination next orning the wound above the breast
passed through the left lung and terminated the
base of the heart the wound between the breast en-
tered the apex passed through the left ventrics
Of the heart the lower wound think would i'm
mediate death; he might live few minutes; think
the instrument produced might have been long enough
if the body was doubled-that is If the body had been,
in bent position
CONFERENCE.-The wounds were driven upwards;
heard the Of the deceased called spellman the
wounds were inflicted upwards; think it might have
been at an angle of 40 degrees there was discoora
tion of the body; there blood not much however;
the clothes saturated; the deceased large
man, weighing, probably, $50 lbs.
Arthur Riley, sworn.-Resides IN Wiamsburgh
there the evening in question: saw q coored man
lying on the ground raised him up and saw blood
his clothes; was in liquor.
Cross. t1amined.-I only saw prisoner the day Of his
examination before the Justices saw no wounds.
Andrew A Trip sworn Resides in Williamssurgh;
fret saw the knife produced alongside Of box in
Seventh street: found it on Sunday morning; the
knife covered with blood; it sticking slantng
IN the ground TIE handle was bloody, and nan the
blade; was examined before Justice Briggs, and pro-
ducsd the knife.
Joseph Addison. colored, sworn.-Lives in Williams
burgh; knows both parties recoects when Speliman
wss killed. 1t was between IL and O'Clock In the
ing; heard talking went out in the street and heard
Spelman say he higher in the society than prisoner
Spellman called prisoner id fool prisoner replied
harley III be take that Of you or any other
mani; spellman said what are you going to do about
liz" blows followed but which struck first can't say;
then prisoner attempting to get away from the
blows Of decessed spellman said you cut me. didn't
night any more and then he went up stairs; then
ceased fall his whole length back wards the ground
johnson came towards me ana said Spellman was cut
to death; deceased trying to get but he did
not succeed johnson and Riley picked him up, and
raw him, said he was dead man; about two minutes
elapsed from the time deceased said he was cut till
Cross.eramined-They were by the awning post, in
front Of the grocery that time they not out of
my sight all the time until, deceased fell could dis
tnctly zee the two men from ny soop; the night was
dark. however.
lsbment; know prisoner; has worked with me; paid
him off the Saturday night in question: the knife pro-
duced Is like those used in opening OYSTERS can't
swear IL is mine
CrOss-erarained- Only has known prisoner a short
time; he appeared to be quiet, steady man;
David Way, sworn-Is police officer OF Williams
burgh arrested prisoner on Sunday morning, about
O'Clock, on board the Peck slip ferry boat noticed
Q spot of blood on lis shirt bosom; woke up that
night and searched for the prisoner at his house, bat
not finding him went to the Grand street ferry, and
thence to the Peck clip ferry, where found him.
Here the prosecution rested.
Henry Bstermsn, sworn-Has known prisoner for
two or three years; since knew him. his character
all the while knew him.
Crsssezam,n.d- live in the house the prisoner
does saw blood near the side Of the stairs; so..
about four years his character good for peace never
heard Of any thing against him. in any shape.
Schsyler Valentine, sworn Knows Sommerset; he has
been tenant OF mine between three and four years;
have always found him to be quiet, peaceabe, and
eober man
Samuel Gloyp sworn-Knows Sommsrset !; has known
him about eight his character has always been
good have inquired about !. and never found any
thing against him his occupation has been sailor.
Susan Church, (colored, sworn Has known prisoner
for seven years.
The defence here rested, and the presented
to the jury and summed up.
The here rested, and Messrs Palmer and Moore,
on behalf Of the defence addressed the jury-General
Duryea replying for the people.
The Judge charged the jury as regarded the statute
regulating the degrees Of granddaughter.
The jury retired and returned shortly with verdict
Of msnslaughter in the third degree. The prisoner
at sentenced TO two years and three months
imprise nment in the State prison.