The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-17
TWO CENTS.

4
To question by Mr.. A l. Jordan He has !1ur child
living all by the deceased he said he vas sorry for
what he had done he said he did not mean to kun her
Gather Inc kei!iey sworp rnd examined ~ IN. Dist
Attorney knew Nrs. nofiat about two months be-
fore sbe died: LIVED In the came house wsh them
now live In Eleventh strest room In Hsdye street
WAS the second floor soi MoGstt and bis wife ooou
pied the basement; my Window we're up anGl heard
some noe like chairs falling and a II some ose WAS
struck with board: heard noans tsees noisss APP
pearrd to come IRON the basement; stood on the.
stoop, and still heard the seine uoise stood tae
stoop Tor hbout ten minutes. gear ~ can guess
| and "A few minutes afterwards saw two mop go Gus
with trunk; the prisoner vas one; can't tell Who
/ the other was; vent to the basement window. anu
saw Mra hohat lying the floor Nth her hs I'D to-
vtred with blood; did not See her thss
There sas nothing material eiicied on the crosa'
boe Reey, sister Of LAST witness COT oborated her
| testimoDy.
Catherine Dolsu deposed to having heard the pr.
thr, 10 take lie before the zth OF uly
ever, but do.s not know whose lite
On cross examination. she admitted hsviog called
the prisoner ID irish Ursrgcnan; hs used to call
mt Papst W; he has ordered me nos 70 como 20
bia rooms; have drank with Mrs Mofat several
times; was not in the habit OF going t"stofcs 20
Mary jackson, smart locking but sonewh..
elderly woman opposed TO the fact of the prisoners
baods bling bloedy when he YVES going oct OF tho
houss, the evening in question knew ttsm for
The two men were gone she was moaning; 2 spoke
TO Der, but she did not pssS 10 me she wss lying on
the foOr cOvtrtd with blood.
Jpoge Did on give the sisrm' i was Giving
tn. alsi I'm all the time he bentir, her have
bsai them quarrel before this. ant MIN
arkehsr be always said he would have her life Tor
being such MI Old "; when he was beating his
wife heard er Say, This is the last beating yoin
give you have killed ne"
In answer to the Judge, the witness said she hsl
often h ara Moast say he wenid hare her i,is sad
that hho iaw bin beat her one tint With small stick
whils the child On her knee.
To the District Attorney i cant 'ry nov long thn
was before the last affair, there never vas week
without something of tbs kind.
Cross examined ~ Mr. A H. Jordan sn from the
County Cnvpn, Ireland q. Do you hriong ID ths
Ornp A heV a
In that party, Qsught.rl / am u Cstnehc | dont
sno~ mLnt na' Nv 80, Ihns.d
that sh- WA Catholic, and he wss a Protestant L
can't Say whether MIs. hodat vas drunk or sobsr
when sbs had the child ON bar knee the thus McG,t
struck her he and nsyer had sny hard vo-is to-
fe her; can't cay whether doGat was robsr at the
lived happily together when she sobpr;
neither Moa his wife ordered out OF his
ic,n. Q-Did you ever get uP'y yourself, Mrs jack
,ont A. otter daughter bu, an sgrs soDe-
The night s.s Tim strike her With the .;ck. q -9n
. sverige Mrs Jeckscn how often have you got
drunk A.-w"ii, esu't say psiha5s It y so often
that cant t-li; ne,.- got ny guF.r bic wS0n I
Law DID II. b.esuse' perhso-. was abusing hin
ungshtr) 0.-W,re there any o;ssr man snt s.ts
no urrk- II violence on them my osn dAugstsr
Hud her hustand used 10 qe-s1e.
Judge io you quarrel wo-r sou were drank A.
heed. don't know ~hst Ia 90 Q.-fou had no
husband Mt ths time, TO quAErrl vita NO had
not tLaoshtsrl 2.NoF; ,.I 80 Wy YOU sss
Wel doot know; is because In foad OF tae
liquor, suppose uaoghi-r); dare ray Ia h 800
drunk 10 knov what ny canshte- and her husband
CrOss-examinstion oon,.uaSl I nsvse heard that
Nonst complained TO The Landlord of ny fsuily bring
o drunken tsmily, snd very noisy over has he.d e.
Can tell u. how otter Gu haze been drank Sain
the lr,t eve yssrs' A-vrll don't know. Q.-wA
A. 500 timss' Aw IN. It might BE- that Or. or i.ss
! uaughtsr) vas not drunk NJ tha time SAG rof-
fat striss his Wit; might have been short time
| before that vain th.n ssrauis hadn't the meas
to set drunk Continued laughter Y by the jade.
Did Mrs norait pas much s,t.ptiop 90 her emil
| dr.n nd m fo take q A lc o.
che was able, bat her hands often br,kco and
hFu'std By her huesud thzt th9 coHlaat always AZ
rairick Rsilsy, brother Of ths witnesses Cstharn.
and Rose heil!sy eor,oooE-.sd theis taai'moay aud
lurh.r ststsd that hs round 20 che tson hcpse
and gave the sarm; witness s-po "a TIA. his sissrs
we're loo xiDg in through aioaaiS siaGo evening
{ out and abused them, aud called thor "out o. thsr
nsm.s. On orcs-.rson n,ticn the vlinsss admitted
that he had 'brvs'enod 20 shoot hossi II be woula
call hi, stat. ~ nam sgElu.
At this s,sss OF ths rrocceetrg. 90 oeloek) the
court about being ADJOURNED Ia Consequences Il
tho illness OF Of ID. counsel the prsonsr who
said he under r-dcs treatment aud ubabs TO cit
out any longer Bus rad u not beea Tor tha. croan-
stspoe The Judge sAi be Intended 20 .t thrss hours
lorger Twelve offers were thea sworn TO :ak charge
OF tire jury, when Mr. Duiahei, one OF thsn. ssii Ne
tIusts- that they would be permitted 60 20 to their
hon,s and not be locked uP tor the night. lis said
The jury we're all honorable men, AMI shre rsr
Of their being tempered 9TH.
Ths Judge remarked shat though Il might Do reason
able In this case, shore thcro particular public
excitement one another, Go permit the Jury to
Depart their homes, yot waat no a'tsid q Gas
the precedent which would lay tho way applications
In other casss where " would be inpollti' 10 do
Ils had had twelve officers tgorp that g.nts.
man ,hosld suffer az little Inconvenience a, poasbs
/ they might visit their homes with an ofnser but
should return In bis custody and rsu1an together Til
/ the sitting Of tbs court la the morning
The District Attorney sf.er further delay said
th.t he had b-en congd ring tbs psopriety Of shan
doDirg the charge e murir, In consequences Of the
/ auesd. lie hse eousul.ea With the esaos.i Tor an.
rtisontr and The couis Inclined 20 ehsrsr thu jury
that this Il care q mnnslls shtsr IN thu seeoad a.
rrve. and not % murder. ths c1unsrl for the
pziron'r vould = satisfied tc rest herr, and net 90
/ Into any evidence.
The Judge fully eon,urr,l In the course aiop,sd By
III District Jtiornty AZ must - usnslsughl-ris
Al ftcsnc degree undoubtedly bccs Il il kliilng
I In "a cruel and uuusaai manEsr ard not ~ith dan
/ NJ A L Jordan SAID thst they vsrs raaiy 60 sub
MT The esse ON the vi - ~ the court sAsut odring
The JUICE then brIea, ;oid the Jary the nst.r. o.
their duty under those creusis.anccs u sggesrs
nc he testimony, that ths pisoasr had siiles hi
wife b. batting her 10 Csu-f aEi uausgI msspsr,
ard tbs syiegrco fr the Science could act cry ths
ease ~ is The oPr Jon THE court tat TIE prison.
uren the agreement ths you hsve Just h-sd ~ 3uid
10 convicted 81 msnsisushtss o. ths second degree,
ard Jou WI soasIlt toseshrr ana 'ss " you igr,s
The Jury hss ok eopt,rrsd for f,- niautss ore o.
THEM astsd nansl.as hi-r in thc se-oni eesr,c e
he ext crime tia; q murder whisa tAay could
fstufn IN The present. cas, A. they could fni him
Fulity % msn Slaughter M tts hfst 1eg-ee
Tn. Judge toid tbem they could No, SOD tho
prisonsr guilty % mapasughtsr an the arst degree
.be sspian-d 70 them the rss-on. aud sso N. DIFF
msn soc. 20 rob a house, aud be 10 encoun-
tered and resisted ~ the owner, snf he khli tn
ovrSr - the bouse IN the encouussr V a. nsn-suRh
ter In ths ssf degree. Int in tho svdeos IN this
there " nothing TO sustain a charss 81 mnaaaughtss
In that form
The Jury then consulted for sbou. afteen minutes
and rendered a rsrdat that Robert Mnaat not
guilty % murder but va. guilty 81 msnfi.ughtsr Ia
the tscord degree
The prisoner vert bitterly a. he hal done nearly
the whole OF the Day. lie coanscl begged thu, sen
tsnea might be deferred To- fee dsys IN order %
give hsn tine 20 nu. In Documents for IN.
dsrsion % the Ccurt relative 90 hi unfortunc chill
drsn and the Judge SAT- he would post sone the s~n-
tercs until Monday nsst.
the Court then adjournsf, a. quarter 81 seven
o'clock until ten Of this day, when the trial u The
I Drurys will be commensed.
mertre arafr~.
Qvw A., Las