New-York daily tribune., 1851-09-24

hesd OF the stairs. Wa described smith was {.
looAlng glass and plciuref.ame maker worked
SOr-etIUe> IN shIp-yard.
t-uSs-sTcrsiHafioa Think there hal been pre-
vlouSly an unfuency feeling between sullivan and
smith OF the saturday even ne previous Smith and
myself we're ~ the ne II house. which was public
house. ard sullivan came n Smith said sullivan
vas gong 80 stand the round sullivan said }. was
smiths turn thought there was unpleasant feel
ing on tie part Of sullivan bot he was under The
iuenCe %. tTlDk.
J,hn O'>nlhran. SNoru-Police officer met Bren-
nan IN the hal he gave me me watch SAW >m n
lying there weniup stars >u!lvan's door locked
hls lie sad she cd noi have the Ney was gOnS 20
break the door open, when she gave me tle seN
saw sullivan. on my gong n. .OficeF Chne with
me-, standing near the door found nothing m MS
BANDS or on his person. nor could We md awning
that had blood on Il on the way 70 the >aion-hol>e
asked him where the knife was. and he SAID Il ne
had tie knife should not take h!m 20 the pohce
office - easily he was evidently under the inau-
enCe Of liquor when locked him up he asked me
y knock HIM IN the head with the KEY OF the cell
AID Kill HIM on NV return 10 the room saw cloth
marked with blood. OF some person wiping hrs
hands on II there were broken plates. chars, &c,
.yng about
r-psserarsin.d-In the cell. on my asking hm the
question. he said ne dld not stab Smith and ne dli
Tot know who cld II Il WAS AFTER came back the
second time
Odcer Cliae.swOTn-On the way to the Police
OfiCo. asked hun how ne came to murder That man
he said. II you had been placed under Ike CiTcum-
stances. you would have done the same.
vans pocket a knife something similar 10 that shown
lthe pockei-knlie) Found number Of knives IN
trunk IN the room found the rag on the mNniel-
piece there were wet marks OF blood upon II Ae
SAID II the cell, IN answer 70 question: tnat he had
cleaned table-snlie With II he would SAY no mors.
capt. Le0ndrf. Second W ard Police. s~Orn.-Found
two or three dozen knives. but nothing that looked
like having indicted the siabS searched, found
nothing IN a bag or any where else TOOK The knife
spoken of by ohcer Donnelly from Mrs. IS pocket ,
sullivan evidently had been drinking he mad black
eve. out whether got then Or not. do not know
The prosecution here rested.
The counsel for defense. without opening, thea
tailec two or three witnesses.
Nargar,f Martin. Swom-OccUped the front room
Mrs Ferns and Mrs. sullivan rushed into my room
MIS-. ; had hold OF her eloesi child ! asked her
what was the matter. and Mrs sand she was struck
by sullivan she asked me to go IN and bring Out her
Youngest thlld, or 10 would he killed Mary then
came IA with the babe sullivan stood on the land
ing SAID 10 him. what are YOU dong he sand his
wife was calling hum oacAguard he said he would
20 out ami trlnA more. he Na> AZ tht moment gong
out when smith came on lae stars Smlth stood IN
the door ard reasoned with Sullivan. and called hum
rutian Smith told hun not % break any more. and
lie sand he would and ran m and TOOK hold OF Sone-
thing and broke u then smith rushed m and they
seized hold oi each other Mr.. sullivan ran IN and
she spoke 10 Smith and imporct him not to Kill her
husband / returned into my own room thought
the bat z 10 be ended. when saw Mrs. sullivan run
up and smith caueht her by the hair and gave her
pull ! heard nothing TIL my husband came up
John Martin, SW0rn-tiusband of last witness had
been on, and just returned home saw Smith was
dead Testimony not important
Nam Moran. reCaed-Dd mol KNOW the knives
spoken of were there did not take hold ot smiths
haira stated.
tGtbarns collins testified to having been out with
her broihcr-in-law, Mr. VI
The case thea rested on both >ldes The District
Attorney said he would contend It is murder or man
slaughter ia the first degree
The TRL,L OF LopFz.-C0urf Of oyer
and Trmmp Before Judge EduondS and Aid.
Chapman and Kelly.-The case of Lopez, charged
With The murder OF llr Foster, Policeman of the
Fourth WaId was called but Mr Smith, his counsel,
SAID It would be impossible 10 go on this term owing
10 not yet being able ascertain the whereabouts of
the captain and mate OF the vessel IN which he had
been engaged Affidavit was made IS 10 the lmpOr-
tance for defense OF the Witnesses.
The names OF Jurors were called and several gen
tlemen ordered to be fined S25 each for non atien-
dance being too many OF them, the fourth fine THIS
tenn to that amount, making 500, the Judge stating
that an erroneous impression Is abroad that the fine
viii be s25 only for the term, but a VIII be s25 for