The New York herald., 1849-05-27
Court OF Oyer and Terminer.
Before Justice Hurlbut and Aldermen Wood q

Court or Oyer and Terminer.
Before Justice Hurlbut, and Aldermen Wood and
Mullins.
TRIAL OF WILLIAM THOMPSON MURDER OF JAMES
ALIAs BERNARD MONAGHAN,
MAY 26.-EEcoNp DAY.-The case for the prosecu-
tion was resumed this morning.
MT Justice LorHRoP was called and sworn for the
prosecution merely proved that the prisoner ad
mted that the knife taken from him. produced on
the examination, was his (Thompson's) knite.
MARTIN GANLY sworn and examined for the prosecu-
tion.-This witness proved that the deceased was
known and went by the name of James Monahan.
The case for the prosecution here closed.
Counsel for the defence opened their case and con-
tended that there evidence to prove that it
the prisoner who struck the blow that caused Mona
ghans death but even II there was, they would show
that the deceased the agressor and that the pr
soner acted In self.defence they would produce the
three men who In company with the prisoner on
the 18th OF April they would also produce witnesses
to prove his good character and peaceabe disposition
and would ask from the jury verdict in his favor.
JAMES QuIN called, and examined for the defence
three years; he is married man with the prisoner
on the 10Th April last the prisoner called witness
after they returned they met two other men they went
into store over which Thompson lived; after that
Thompson said he was going to attend to his boss's
morse and we thought 1t the nearest way to go with
him; we then started through Anthony street. saw
the witnsss Catharine Mack standing the stoop,
and man or boy standing talking to her witness.
as he passing asked her how she was witness said
no more; when the boy, who was with her came
up to witness, and sad 1t was none of his wit
ness's business struck blsw ut witnesses face
witness squared of the prisoner little in
front, turned back, went between and parted us
we then walked up the street together; the boy still
followed u.s. making Of some language which wit
ness thinks directed towards himself until we
came into Anthony street. ne then ran into the house.
and, as he did SO, called out some name, which do
not remember; he then out Of the house. and
to where Thompson was standing, squared off at him.
witness did not see any more Of it; witness got up
apiece, crossed the street looked back and them
both down; witness stopped there, aud saw no more
until he saw the crowd going towards the Tombs wit
bppr hat 1uv lpa mt acslla
any fighting between witness and any other person
after Thompson parted from witness; when witness
saw the crowd go to the Tombs he followed after and
was pointed out as one of the party; he then
rested and shut up for the night.
Cross erdmtned.-ls laborer does not know whether
he ever saw Catharine Mack before that day or not
addressed her through fun; might have said to her
how do you do, my dear?" she was the bottom of
joke spoke might have passed the same joke On
others; don't recollect that | said would not go
away until was ready; don't recolect that deceased
said should go away before ready; don't mind
what was raid: the deceased might have followed and
struck Mt me a second time; don't remember; / don't
remember him lay hands on any one else until
saw him and Thompson fall; am perfectly sure did
not SEQ knife in any one's hands all the time.
JAMES EusTIcE sworn and examined for the defence
Is d carpenter by trade; knows the prisoner;
bers the 29th April last at Thompson's house be-
ness and man named Illingsworth came in; VIC left
the house together Thompson said he going to the
stable, In Manhattan place, to look after the horse
all started together witness and Thompson walked
together; Quin and Ingsworth walked behind them;
saw the deceased assault Quin; Thompson went back
and parted Them We all then came along together;
witness afterwards saw the deceased across the
street, go into house then out and went into
another came out again and ran across to the
other side, and went Into another house, and
as he went in he hallooed; he came out again as
thompson came up; went up to Thompson, and called
him by some opprobious name, and struck at him with
his fist believes he struck him; witness saw more;
he went to the Tombs to get an officer to keep the
Of Leonard and Franklin Streets tho crowd
there coming to the station house witness went to
the station house and was detained there all night.
him; drank three times With him him that hat day; day.
words between Quin and the deceased; after Thomp-
went bac k witness looked round and the muss;
and Thompson parting Quin and deceased might be
when the latter struck Thompson there a crowd;
had a fair view of them through the crowd saw no
knife with Thompson: wont swear whother Thomp-
son had any thing in his hand or not.
- -ILLIsGswoHTH, sworn and examined for defence.
Remembers Sunday the Goth Of April II the first
day witness the prisoner went to prisoners
house that day, In company with Eustce the former
witness after they left prisoners house. all four came
through Anthony street saw Catharine Mack sitting
on steps at door the deceased with her witness did
not speak to her Quin said to her, show do you do
my dear!o or words to that effect he used no other
language; the young man that was with her told Qun
to go about his business, move away Quin said he
need not be in hurry, something like that he then
squared of and offered to strike Qun witness took
hold of his arm and held him. that Quin said nothing to
the girl that offensive; Thompson and Eustice
man got before us up the street. went into houses
witness then left Quin and went saw no more Of
the affair; met Eustce ut the corner of Centre and
Anthony streets; went to the Tombs; all
detained there that night.
Cross -Eromintd- the blew made by deceased at
Guin; Thompson not then in sight; he not
near him when he ran up street. witness drank three
glasses Of beer that day had not heard Of any sabbng
until after they got to the Tombs saw no blow struck
but the ONE witness went away Immediately after; saw
no knife with Thompson.
WM. WILLIAMS examined for the defence. Knows the
prisoner three or four years; thought he quiet
man; knows nothing Of his conduct abroad.
JOSEPH ii. ASH examined for the defence. Knows the
prisoner since last November; he was in witnesses
poy from that time up to the time of the afray wit
ness considered him an industrious man.
The evidence on both sides here closed and counsel
for the defence commenced summing up.
When the counsel for the defence and prosecution
had finished summing up, his Honor charged the jury
lie said the prisoner stood indicted for the murder
James Monaghan. AT the time Of his being arraig ned
tappeared to the court that he poor and without
friends, and, as it was duty, assigned two gen
t.men OF the bar to undertake his defence and YOU
gentlemen OF the jury, can bear witness with what
hdelty they have redeemed their trust. And IL now
remains for you and for the court to discharge the
naming duty that devolves upon us He then made
some brief remarks the increase of crime In this
city, particularly homcides which were of daily oc-
currencei that as the law Stood the punishment
Ci an Individual could not have much influence in
resting crime and they would go increasing until
the Legislature interposed and enacted such whole
tome laws as would remove the incentives to crime and
disorder We Understood him here to refer to the
scenes q Vice and progacy that daily and night
~ carried on at the Five Points, His Honor then de-
fined the crime Of murder and also of manslaughter
in the third and fourth degree. lie then review
cd the testimony as applicable to both those
crimes, ana LETT 1t to the jury to say, under all
the circumstances of the case. whether the priso-
ner twas guilty of murder mauslaughter. The
Jury retired and In about twenty minutes returned
into court with verdict that the prisoner was guilty
Of manslanehter In the third degree The convict was
then called up for sentence. After few brief admo-
nitions from the court, he was sentenced to three
years imprisonment in the States Prison. and to be
kept at bard labor during that period.
SINGI1AR TRANsAcrInN.-W find the following