The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-15
Court OF Oyer and Terminer.

BEFORE EdmondB, CrOhus Stevens.
Fee IA - Charge Of MI, der--Dxvid Sherry, q man
about 80 years Of age put his tIi. for the
der Of Edward Mcclure In November last In Orchard
street in this city, by knocking him down and the n
k,chipG and stamping upon hun Mcclure fingered
fer ttne time. and died in the station house about
O'Clock the following morning from the effects. The
following name &c tleme OF tue jury
Philip B~Bttsrn foreman, Marx Kelseh Peter Kestng,
Orlando D. MCLEAN, Christian brown. Henry Albert,
Edmond Ferris John L. Gruyre John Sohmuitz, job u
+. Williams, Alexander NJ. Alsiag, and James N.
Brown TIE Associste District Attorney then brief
staed the e1s Tor the prosecution, rs it appeared
the notes Of the evidence taken at the Coroners in
qusft. They then proceeded TO call the witnesses.
PETtR CoRELErT was the fret witness sworn and
examined for the persecution Testified that he resides
in Norfolk street the circumstances OF Mo-
Guire's death the 18th OF November last Sherry
in Norfolk fyeeI on the side walk between Broome and
Delaney. Kicking and stanping on and round the
breast and face Of the the deceased was
bis back with his head sgsinst the railing; witness
erCfed from the opposite side, aud spoke to the
prisoner; he raid to hiB, you do not know but you
killed the usp;' prisoner replied that be wished he
the man taken away; be heard = gurghng in the de-
ctAtd throat, and his mouth Vas full Of blood; he
Was lif ed up and carried away by couple OF men
Crdss' saouihed-ls cooper by trade; lives In Nor
fck street when witnvss frat saw the occurrence MIR
Morris COVE ME be seemed to have passed them
On thsssms side Of the street; another youas man
up about The time; thinks his 10 Clark
Vas about dutk; heard no outcry by either the de-
cssssd or the pIisorer Clark was prseent when wit
but he bad killed he man there we're three or four
obsI p.Itobs prest ut at the time wtness made the
The preset Ii baIoed IN Motifs, ana rs
cane tsck sherry ,sid the dec.aed had knocsed him
(Sterry) down; was pr.sent when Sherry was taken
away, but does not know Who took him; cannot tell
whether The prisoner intoxicated net did not
zee any atttnp on the part OF the to avoid
being isk.D; witness never said any more than to
Cubes death.
JoHN MohSr, examined for the proseoution--wss
Iafpg up Norfolk street on the 18Th November; came
- the prisoner ceased; the latter lay across
The sidewalk with his head clo:e to the rail Dg; toe
IIi.oD.r vas attending over him. witness asked the
JIontr What the mstter prisoner replied that the
t.csstsd bad run sea,nst him; but witness viii not
tLceItske TO fsy whether The prisoner knocked de-
tessea down, or the deceased had Knocked prisoner
witness ked at CURE, and taw that he vas
not injured in the tsce at that time; thought the de-
c,1td intoxicated and the prisoner was consider
ably 20: vii nets walked ana thought the prisoner
walked with him. or behins hin about minute heard
kicliBg and edIately turned round and saw the
uri,tIr ats pinx or kicking deceased the face he
done 90 eyeIsI times before wtLr got up; when wit
got up lie f.Eonstrs.sd with the prisoner, aud
ilirks witness raid ''yon fcoundrel you have killed
tie nsp;n NE Clark and the fsrmer witness came NO.
ana detained TIE pritober until the police came,
whs they both taken to the Tenth ward station
bonte; the deeea EDS face vss very much mutilst.d
sDo Dssgled, from the heel Of prisoners boot Wit
tupposss the Deceased was quite inse nsble whe
lie vas taken up. IH.
Cross. saamised- When witr ess first saw deceased
be cop,idsi.d be was ipssDsbls from intoxication
when witnsss cane up they beth quiet the de-
etstsd lying down. and the prisoner standing over
BIN; WINES was standing by the prisoner and de-
ctSsd when the preceding winners came over; did
net herr that vtbus ray 10 the priscner you don
know, nut ECU have hibed the man, did not hear the
pfitobtr to any ore at the time that be wishsd
he had hill, the dsctssd;' thinks IL he had taid So
hould bsve heard "; remained there until he Vas
srr.t.d; be AIDE little remittance whom he vas 6rst
erected, but not more than any man would de uadsr
The circcnttspess; he went away with the omoers
quietly; ola not tssr him to Sweeby the officer,
damn him, hope Re will d-;" thinks, he raid 50,
bould ave heard &C. went To the station houss with
I'll. Jsrtiss; aihsd right behind hem; heard oon-
,vrtstion between the officers and prsoner, did not
hear pr orer ~ the decs astd was damned Fog sh-
man; he had said 20, witness thinks he mast have
hesIjN.
D,,.ct examination yesuaed Saw the deceased. he
brought the station house, examined hs lace
" was very much muhisted he was alive At the time;
esr not ray whethsr the prirop,r or the deceased
sniv,d there 6rst; witness was ell the time inme-
cistely ttbisd the Jrisorer physician WAS i'm
oint.y er. there was ctofd Cf persons t1ese,
y, 80. wee AZ lkTg
AHDrkw b. hwkAry, psucenAn, sworn and sx.