The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-21
Court of Oyer and Terminer.
Before Justice Edmonds, Aldermen Fitzgerald, and

Court of Oyer and Terminer.
Before Justice Ednonds Aldermen Fitzgerald, and
Stevens.
The TRIAL OF THos. MADDEN FOR THE MURDER OF
JOHN KEHoE-SECoND DAY.
FEB. 20.-The above trial resumed this day.
LAwRENcE MARI, examined. - Resides ut 81 Cherry
street, knows the prisoner for about Ave six years
knew kehoe from the time he landed in this city wit
ness has often met prisoner board ships
their busness they also visited each others houses
Q-Did you ever see prisoner at any time and in any
place carry a ,lung shot
WINES, after much hesitation-I never saw him
wear one but once, and that time he not there.
Q.-RepeAted.
CoURr.- You must answer that question at once
Al never him . slung shot but once and
that when he said he had one in his pocket.
DnTRIcr ArToRrEY.-Why did you not answer my
Queston before?
WITNKss.-I never Q bench before, and did
not know much of law.
Q.--Did you ever hear him say anything after that
about Q slupg shot, since this affair
Al can't say did, but heard others say it.
Counsel for prifoner objects to the testimony, and
requests that his objection may be noted
CounTIt is not worth while to spend any more time
with this winners.
JOHN LAwLER examnsd.-Knew Kshoe; remembers
the night Of the afray; Kane won't to the door with
candle; saw prisoner and Campbell prisoner came in
and Kehoe laid hand on his collar, witness having
.so .nss was ssnsme iVI prisoner ana 70
in and Kehoe fell . chair behind them; witness
psrated them they both friends of his; they had
angry words and they seemed to be about take hold
Of each other again witness again reconstructed and
Kehoe said he would not think it worth his while to
prisoner; prisoner
take somethpg out Of his pocket With string attached
to and then the prisoner moved over to deceased and
gave him the blow.
Q-Whst did you say to prisoner after he had given
the blow?
A.-said it was Q cowardly act to strike him with
prisoner; Jaw it with him on board Of vessel ons
day were taking out some luggage from on board
vtme difficulty occurred there, and prisoner took 1t
out and struck tho person with whom no had Diff
Guilty
Cross. eraminsd- Q.-Atrthe time he used tho slung
shot board the vessel did tho other man run ct him
A-No cir, but he struck him, and five others thsn
ran after him; saw no candle with prisoner ON tho
night OF the ARRAY; did not hear him say he would
have his dog somebody's life or any such language
after they released from each other, Kehoe re-
stove; raw o'Brisn there; prisoner and Kshos were
again going to take hold of each other Kehos said he
could whip the fun Of Cherry street Of prisoner ne
so did not Brien rush between them; tho watch
was called, but don't know who called them don't
that prisoner and Kehoe acquainted before
that night; was not tipsy that night.
CouE1 How came you to get tipsy yesterday!
WI don't know, cir only took gla" Of gin and
glass Of brandy but they pretty stiff Ones knew
Kane In the old country neve- knew his wife; never
knew any of his family but himself and his eldest son.
perty to Mary Ann Trayne, but don't know what
his object except that he has son. and he wished
TO protect hmeelf from him.
The case for the prosecution was here rested
The prisoners counsel then opened the defence. He
ssid their theory was that Kehoe did not die Of the
sray at Kane's house; they would prove that Kehoe
himself said in II days after that he did not know the
csu.e OF bis disease ana ina. IN ,ha, dr Snrtnisht
afterwards, he attended to his ordinary business IL
has sl.o appeared that the doctor whom ne hrs CON
from The blow, whether it was the ncpisnt stages
Of fever 1t also appeared that the other physicians
scted upon that opinion and that In oil their re-
searches they lett the wound out Of the question.
They would also adduce proof of the life that Kehoe
led from the time he received the blow ustil the zzd
nhoH W. fuxfh hart hoxv aafd he
in possession Of dog that on the evening
in question, he, with two other men went to Kanes
nd ntered the yard and from that to the back base
ment. We shall slto show you what happen IN the
yard and the part that the man Dsv mao 10. the
rifoner and Ksboe'e party In ksnes mousse tose.ret
with all the attendant circumstances thereon; Inc
hat the secessed did not die Of the wound inflicted
him by the prisoner then, from the nature OF al the
mt they would contend that the
,r;son,r aoted in sedeence and that IL was justifa
Bic homicide Counsel then read the testimony ofthe
prisoners bsrkeeper taken de bene ess from wnicn II
to the in the Kanes house. where
they suspected the dog was on returning they were
net BY Kane who csms out with candle. Kehoe col
Jared and they forced each other Into Kanes
room, and in the scunle both fell saw no weapon In
the hands Of either Of the parties that night:
con who lying in the hall the 22d Of October
last received NO injury that night from prisoner
be ssid nothing to know Of did not make use
Of such an expTrssion this" Boys, don't hill me"
Cro,s Examined = Q.-How did you come to be lying
down!
Al was pretty drunk.
MARY ANN DREw, examined Knows prisoner to see
him rely; went out the evening Of the ARRAY for
zone chops fer the mornings breakfasts as went cut,
raw Kane with and Others saw kehoe take hold
of priroptr and he taid. You son Of an orange -,
come back In here and see what you have been doing
In this entry they then forced each other into Kauss
and both fell the stove witnees the saw
Mrs Kane With chair in her hand and she that
,le wou Id rpt Hsdotp's tkull; raw more Of 1t ex
cent that sbe the officers coming up saw no candle
| in Badd.n's hand.
| Coos ,aantned The row began before witness got
| tl,te ard tle old not get the chops.
JOSIAH d SLIcKMAN, exami ned-i Ia q practising ply
cian in thit city heard the OF the physi
es ps who tesihsd yesterday in this case Is OF opuon
there are Der that would produce the ee st'
| d,,rrihed than those STAYED by them
Q-Mkat state of the arteries would produce 10 fam
alton Of the brain you viii recolecs the phy
tate YESTERDAY they dill not examine the arteries
A. cannot sntwer without goir ginto 40 sxsnina
| a r. ..kk ,a..e. ~.