The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-26
United States Commissloner q Covr,
BEFORE ~ Sti-.u

| JAN. 0-Fuyther Iurestigation Of ne ca,. # NJ.
~. MVIrs.y r was again brought before
OF the defendant, submitted that crime cannot he
committed without intent Miss Traford had sworn
that the defendant had taken those things belong
ing to Miss DilAway but not with the intention Of
stealing them Even with the array Of witnesses the
prosecution have brought around them to day thew
cannot alter her testimony and the intent to by
MIR Dilawsy private counsel appeared with Mr. sum
mers who the u s. District Attoreey for the
board the vessel when the prisoner was asked for
the property OF Miss Duaway, he gave up some few
would also prove that the deceased had had a gold
watch In her possession which Is not omng and
they could trace 1t as having been last the pos
Ann Traford recalled and (after an objection bv
defendsnp examined by Mr. Barrett The green purse
which identity as Miss Dawsys saw the day before
she died in the basket where che usually kept ~ there
was then about sovereign and few pieces Of silver in
that Miss Diaway died she did not buy snthng that
could say WAS In the same cabin with her. could
Q-Had you any convsrsation With Morrissy about
that purse after Mrs DIS death! Al told him the
mate wanted Miss Dnlsxays money, and he ssid he
had At and he took out the purse and showed it; he
didn't show Ii he showed IL to the mate he mt
the Burse, r. 70, sgain In bis pocket Miss Di.w.y had
to be very nice one, but they said It was a brass
watch; it was In the basket when che died; 1t
was who put IL In the basket; they looked at IL
In the evening Of the day she died; Mr.. Comerford
ana James (hs defendant) there; Mr.. Comerford
session Of the watch and don't know whether the de-
fendsnt 1t to to the captain not; did not steal
1t; the last time saw 1t In Jamess possession;
was present when the captain demanded Miss pro-
perry from Morrssy; had the watch before that
with Morrissy Mori,sy had a barrel on board; saw
that barre. at his lodgings Cherry street this city:
rome things OF Miss Ds taken IT, Morrissy
gave them OUT his landlord aud yeusg man Who
In the baskets that taken Of his trunks be-
lopeed to Miss Dillawayi there are two memorandum
books among them which belong to Morrissy; did not
hear MoIrs,y say any thing in Liverpool about money
that he had or bad mott he said that he had
reign but he found IL Afterwards when he arrived In
New York he said he had much money; he said hs
was very destitute and Mr. Dilawsy said he would get
him job If he would come, but he did not come Miss
Dsway had also another pair OF spects ,es tortoise
shsi beside. the one produced; she had rosary and
crucihx; have never them since; told Nor
risy what money had; It only a. aud sixpence;
In conversstion had with him since we arr we'd here
he said had more money than he had. rhsrs was
some silver In the green produces cd aud there
were 40 IN sovercigDs aud half rovsreigns in long
lot idsntinsd By the witness The witness Was then
cTosNe1snined Q-Did you swear that you did
not know how muoh money Miss Dnlsrsy hsdf The
question Was repeated several times aud The witness
then answered that she had sworn; "a put
Mise D. things Into the barrel Morrissy's b-ddins
was In IL at the time Niss d. that bsrte
the prisoner showed the green purse the silver In
IT, 20 the mate and also pointed ths baskets as
mate asked him for the money, but he (he mattel rs
marked tnst Il was very strange she hsdnt more
The cross examination was continued at consider.
aol. length IL was not materially different from her
Counsel for persecution said. he would to save time
admit that Miss Dilawsy had given those things to
Moirffy 10 Keep Tor her aud he would also admit that
there may ha,. been come OF hi property among hers
Witness coutinued-rhs fpectae - alluded TO a, not
fortheompg cav Miss Dnswsy show TO Mr.. Com.r-
ford; that was some tin. before her death. a Did
tbe not give them to Mt. Comefford A. I DO not
know, but she ask.d him II they would suit him aud
watch the night Of Miss death, said to him that
was told the captain ought TO have the watch; n.
Piled that he bad A. and he would keep he did say
what he going to do with ~ | did not hear him
say be k.epi6gi for the dsoeaseds friends With
tie other things q You state that the day Miss Dill
away died you saw about sovereign aud some silver
the green purse-hov. then, could you In your
ipformatton that you informed and believed Nor
iisy had purne gold to the amount Of thirty dol
lars A. DID not tell the District Attorney how
much vas In the purse oecaue did not know; do not
sovsisgn three scv-feisus would make thirty dot
larr never sa~ the long purse (containing the god)
befofs when swore my information II the green
purse tcon'sibiDg the ,verl alluded TO. q. DO you
believe Morrssy nendd 20 steal those things and did
Wit
Mr.. Barrett ohjsc.ed 20 the question. tn. de-
feDdsnt tsss the benefit OF any In
ds,t but she has sworn to IT, and they cannot ask her
to deny her oath. IL the question A. put he (hr. b
would tell her not 10 answer It,
The Counsel for define contended that he hal o
right 10 exsmine her 20 her adsvit and the de-
frpdant detained In cell In county vhsr. he iss
stranger up-n the belief of this witness had right
70 test that belief
The conmis,ioner ruled ths. the aadsvit should BE-
read over TO the defendsnt, and that shs might be
qusstiobed TO its sccuracy. On IL being read she
said she believed Go be true The crucdx produced
never sav any Other crucihx with Miss Dilavay but
In her direct examination that there vas smother
The csse vas further djourned at ~ clock this
morning 1T II o'clock when other evidence will be pro-
dueed By the prosecution.