The New York herald., 1849-05-01
MORNING EDTTION-TUESDAY, MAY 1, 1s49.
Court of Oyer and rerm,ner.


SENTENCES OF WOOD FOR MURDER AND DONALDSON
FOR MANsLAUGHTER.
APRIL 3O-Wood who had been convicted on Thurs
day of the murder of his wife by poison to
her put to the bar to receive sentence Upon being
asked what he had to why should not be
pronounced against him. he said he knew nothing about
his wife being poisoned until the doctors told him it;
that he wood innocent OF the charge and hoped
his honor would give him long time to find il out
that is to find out who poisoned her The Judge then
proceeded to pass sentence him. He said that upon
his trial he had every Misunderstanding was ex-
cluded in the shape of evidence that he his
could suggest that bore the case, or that could
benefit him. Under those circumstances, the jury
victed him. after very short consultation, and the
whole impression left on the minds of the Court and
jury was, that he was guilty of the crime charged
against him, and for which he to suffer His
Honor then went on to impress on the convict that
there was no chance of reprieve for him, and urged
to make his peace with his Maker, and to prepare
himself for another world The sentence Of the Court
was that on the 22d day of June next he be hanged
by the neck until he be dead
The for his execution then read and de-
livered to MIR. Vutee, the Deputy Sheriff Wood was
then removed He heard the sentence with great calm
ness.
William Donaldson convicted of manslaughter in the
third degree the last then put the and
after being questioned to whether he had any trade
or calling upon answering in the negative the Judge
proceeded to pass him. and after reading
him lecture on the enormity of carrying concealed
arms, and using them upon slight and trivial occasions
he him to two years and four months mpri-
sonment in the State prison ut Sing Sing.
TRIAL OF WILLIAM PIERCE FOR TIE MURDER OF
LEWIS BorrA, THE ITALIAN oRGANISr.
William Pierce young man of about 10 years of
age, indicted for the murder of Lewis Bota, Italian
on the 9th ofJanuary last put to the bar and di
rected to make his challenges The Clerk proceeded to
call the names of the jury, and, after about
hours in discussing the various challenges made by the
prisoners counsel the following named gentlemen
to try the prisoner and true deliverance make
between him and the people:--John III. Bohn, Edward
c. Little. John Pettigrew, VIM II. Weed, VIM. Barn
wall, Seth Dean, Samuel Reeves, Charles Fletcher
Richard NJ Pel, David Morrison, Nathaniel Bassett
James Greeley.
The ASSOCIATE Drsrnrcr ATTORNEY then proceeded to
charged with the crime OF Killing Italian, named
Lewis Botta, under the following circums On
the night of the Sh Of January the prisoner prepared
stick club about two feet long and left it at store
| in Leonard street The next night he went to the
store got it, and, as he coming out met the de-
ceased Some words passed between them, upon which
he struck him the head with the club The deceased
staggered and, before he had time to himself
he struck him again. and repeated the blows four
five times Deceased fell senseless the ground He
was Immediately taken to the City Hospital where he
died next day.
JoHs NELSON called and sworn for the prosecution
Knows the prisoner; knows the store kept by Henry
there the 9th Of January last between five and six
O'Clock in the evening; prisoner came in while was
here there were five or six of in the store prisoner
asked for stick that he left there; he got it, and
out the stick about two feet long, and pretty
as thick us my wrist; the organ man (deceased)
| standing on the sidewalk ut the corner of Orange
street; his organ the sidewalk he across
the street. prisoner ran after him. and struck him
six times different parts of his body; prisoner after
wards went up Orange street and took the stick with
cause he called him son of b.
To the Cou't.-Has known the prisoner three Or four
months.
To the District .4uorney.-Heped the deceased to
get up he fell twice; policeman named REILLY. took
him away the deceased was about 40 years Of age he
had hump on his back.
Cross sranined- Resides in Orange street, close by
the Points; keeps boarding house; the prisoner
that morning in the grocery; when prisoner in
that evening, he seemed to be in passion; he asked
for the stick he had left there; witness thinks he had
| been drinking; witness followed him out because he
| thought he angry; heard words pass between
them, until deceased haoocd for an NJ p. when saw
deceased first he laying his organ down. prisoner
coming out the door at the time; the ran
and prisoner after, overlook and struck him he
only struck with hand; prisoner returned to the
store afterwards and remained there for about half
| hour.
| Direct examination resumed-Prisoner never spoke to
witness of this affair after the mans death; him
the day after the mans death; did not him after
wards until he arrested; the hallooed out in
language that witness did not understand; 1t To-
Gust stick with which he struck dcccased-pretty
as heavy as lgnum vitae; witness it afterwards
in the store and had it in his hand after the
struck he he put both his hands to his head
| and again fell on his organ.
| CHARLES SHAnKEY examined for prosecution on-Re-
sides in Stanton street. in Leonard street the night
the organ killed; the prisoner strike de-
ceased six or eight blows the deceased was standing
| on the curb; the first blow given opposite the
store, the sidewalk he then into the middle Of
the street and hallooed prisoner after him and
peated the blows the fell and he afterwards struck
him while down. he might have struck him five or
six times; witness thought the sound of the blow
from the mans head he continued to halloo all the
time saw prisoner, medately after in Bayard street.
and spoke to him; he pulled out the club and showed
| III to witness and man named Conway, who
| was in company with witness, and asked Con-
| way If he saw him, the prisoner, "give that saucy
| son OF b somc;'' knows prisoner since he
boy; thinks his people live up on Manhattan Island.
Crosseramined. -Q.-Can you describe the difference
In sound between a body blow and blow the head
Al could not If did not try both the blow
head gives out more solid sound than one on tho
| body
| EDWARD REILLY sworn.-Is an officer Of the Sixth
| ward poce on duty the night Of the murder;
tha dn~a 1utn
get up he attempted to put the organ his back but
was unable; he said he wished to go home to Orange
street. where he resided; man up, and offered
to take the organ for him. witness then assisted him
far Cross street. the deceased assisted in putting
the on the other mans back they then went
ANTONIO MULLENARI examined.-Lived at No II
Orange street. at the time the deceased killed. the
deceased resided in the house, witness received
the deceased that night, after he struck he took
the organ from the that brought it, and left it in
the house ped the deceased up stairs
he then laid the bed and said that he felt very bad
indeed he complained that be had been beaten about
his head and body and that his money had been taken
taken to the hospital about nine o'clock did dot see
him alive AFTER he nearly dead when witness took
him to the hospital witness afterwards went to tho
hospital and wanted to HIM they said there that he
dead and dasked witness did he want to bury him
witness said not, he was too poor he so bad the
morning he went to the hospital he could not speak
open his eyes; he was bleeding from the mouth.
| HENRY w BuEL sworn lis house surgeon in the New
York Hospital recollects seeing the last witness
the 10th Of January last he brought man with him.
the man ne brought In was entirely insensblc breath
| ing heavily, and little bloody froth flowing from his
mouth it was between nine and ten o'clock in the
morning on examining the patients head, several
bruises found the right side, the right eye
| and the back part of his head he lived until
| about ten o'clock that evening in making the post
| mortem exmination a small quantity of blood
found between the scalp and skull in the locality of
the bruises the skull found to be fractured and
large clot Of blood found between tho skull and
brain it thrown out there in consequence Of tho
fracture the fracture the right side Of the
head towards the brain the pressure Of the blood
| tba brain proJuc by was tbp
of death the blows testified to by the witness Mel
son. would produce such an injury as have de-
scrbed stick like the one now produced would pro-
| duce such effects.
Cross eramined-On the first examination, the frac-
ture not apparent but after removing the skull
all jagged hole found and artery separated
from which the blood flowed in the brain the frac-
ture then found. and triangular piece of the
skull driven in should think such frac ture might
be produced by falling in the street ON hard snh