New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-22
Martin Walsh, sworn-Knows Delany; never
heard or saw ANYTHING against Eim.

heard or saw anything against fan.
Dr.. Ger, recalled by the Court -Delany was
present at the ante-morsem examination when
the statement was read over to her do not recol'
lect that he contradicted any part Of il; did not
tell him that he at liberty To ask any ques-
tons; never heard a prisoner in such cases say
ANYTHING did not know that it was proper. The
Court said 10 the witness that IL was proper TO
notify prisoner that he could ask any questions,
which the Coroner said, in future, he would dol
BE- Nr. Smith-PersoEs frequently die from the
effect of delirum tremens liquor, opium. electri-
city, or ANYTHING continually exciting, will cause
delrum tremens; anything to produce sleep will
quiet delirium tremens.
DR.. COriH sworn.-Physician ct City Prison;
delirum tremens will kill frequently; Assesses
occur internally, sometimes, without any apparent
external cause.
BIZ he C0uTt.-It is not common 10 see such an
abscess as existed here without some external
cause for it if there Yves a punctared wound.
would attribute il to that.
James DigHan, recalled by the Court. who reads
the statement of Delany rs TO the occurrence, and
that Dgnan pulled her away from him when she
had hold of him by the throat and hair. Witness
said no such thing ever occurred.
James GtHan, sworn.-Boarded at 46, heard
Delany call her out Of her name; she then said.
you ruttisn, you go out OF my house, can't have
YOU here annoying me aud my boarders; heard
her say she would put him out then heard her
say pull him out; got up and put on my panta-
looms | vas glad to hear she was going to pat
him out, for he had annoyed me be was great
BLACKBOARD, and / have heard him use indecent
conversation; | was a stranger and said nothing;
| went into the kitchen; then Mrs Nee. came
out and cried out James Dignan, Deisny, the
murderer, has stabbed me !" she then cried muir
der: did not hear Delany cry 1t. The Judge
then read 20 witness what Delany said as TO her
having hold OF his neck and bsir.l The witness
said he could not say what was done while Mrs.
NICE. was in Delanys room she was In his room
TO put him out, when came into the kitchen;
was glad to hear she was going to put him out;
did not hear him say what he has asserted; heard
him say to Dignan not 10 come In as he had
knife she called him rascal did not hear her
swear to him
BIZ Mr.. Smi,k-Gave Mrs Nee. presents, such
as cologne water; but that makes no difference
was not jealous of Dignan Mrs. NICE appeared
TO me to be nice kind of woman, &c. have
taken no interest In this except to do the de-
ceased Justice and myself justice was happy %
hear she was going to put him out, as wanted
peace; cannot say whether felt she would put
bim out or not it appeared to me she was
a little angry; cannot say how much.
BIZ a JurOr-After she came out OF Delany's
room saw the wound upon her.
Mr. Blunt wished TO read the statement oil do
ceased TO the Coroner but objected by MIR. Smith,
as the Coroner had not apprised Deiany that ne
could ask any questions. The Court said that was
a subject for the jury. 49,
Mr. Smith said he would call MIR. Camp.
EnOcA c. Camp, swom-Am a counsellor and
sttorpev. saw deceased at the City Hospital
went to inquire her situation the doctor or. some
one else said better not say much to her; It was
three or -four days after she went there she sad
she was willing and anxious that Delany should
be discharged; she said she hoped she would get
out and when she got out she would consent to
his being discharged.
Mr. Blunt then wished 10 read the statement OF
deceased. Ii was taken, not under oath, two days
after she went to the Hospital and Mr. 5. con-
tended from her statement to MIR. @. that she
could not have considered herself in extremes. In
her statement to the Coroner she said she believed
she would not recover. The Court considered 1t
a diving statement, and il was admitted.
Her statement TO the Coroner was then read.
The statement says three wounds-one near the
region of the stomach, one on the stomach, and
another across the lower part oil the stomach four
inches below the umoelicus.
Last Saturday night |, her statement says, got
out of bed and went out of the room into the ad
Joining room where the prisoner was went 70
him because he was using violent language against
a Young woman in the house and against myself,
say ing we were nothing but W, when as soon
as entered the room he sprang upon me, and.
with penknife committing an assault upon my
person. / never had any personal quarrel with
him. and bad not, to the best Of my knowledge.
ever given him any provOcation TO commit the act
of violence upon me immediately let the room
and said was stabbed.
A recess of an hour was then taken for dinner.
On the Court reassembling the District Attorney
said he had nothing further. Mr. Smith said he
was waiting only for that other witness, Marshal.
Ar officer sent ont to see II Marshal was In
fit state to be brought into Court. The officer
returned, and said they were coming over-he
could walk now. He was brought ina very
young man. Mr.. Smith said he would not swear
i'm in q WOulJ 10
Jury without his testimony.
The Court thought he " as sufficiently sober now
to testify, and he was brought back. The Judge
asked him who made him intoxicated. He re-
piled friend Mrs. McE. could not call him by
name, and does net g. e him in Court; he treated
me twelve times have never been in the Peni-
Tertiary; was at the Tombs, but not guilty. aud
was cleared; the frat glass ! drank this morning
was about 10 minutes before g.; it took me till Q
O'Clock to drink the whole l2-about an hour;
drank in Mulberry-st whatever was drank paid
for none oft counted how much drank was
to set out to drink as much as could stand and
not show il the IL glasses did not put me out OF
the way so that could not count; | could drink
u glasses more and go to my work AN no way
intoxicated bow.
The Judge said to Mr.. Smith, that if the testi-
mOny was material the witness had better be
locked up till to morrow and adjourn. Mr.. Smith
said be did not know what TO say about IL. After
a slight pause Mr. Blunt said TO the officer. just
take the boy away meaning from the witnesses
seat, so that Mr.. B. and Mr.. 8. could speak to the
Court. The witness thought he was to be taken
away, to be locked up, and exclaimed don't take
me away ] can swe ar. I'm sober.
The Judge asked the witness If he did not know
he would be required here to day, The witness
said he knew he was-he attended the previous
day and lost twelve shngs, which he could have
made by his trade. Is cooper by occupation.
Mr. Blunt said if the testimony could be OF the
slightest service, he would move to have the wit
ness locked up and the case adjourned. bat It
could be of no advantage.
The witness was not sworn.
Mr.. Smith then commenced summing Up for de-
fepse. He contended in order to establish the in
dictment it must be shown there was an intent
70 take life, and that deceased died ofthe wounds
given by prisoner. He then quoted the testimony