The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-24

Sullivan and Mary Moran came In, Mrs Sullivan having
Mrs Ferris told she was struck by sullivsn then
told Mary Moran to remain In room fear anything
would happen the child saw Sullivan and spoke .
him. ne said his wife had abused him. he said he would
30 out and drink more smith then came down; some
words passed between them Smith called sullivan a
ruan he then asked him the meaning Of the word and
wanted to know did he mean to call him backguard
smith replied No. but he q ruffan and that ruf
nan was man who destroyed his own property in such
manner and blackgusrd was q man who proved it
in the street, Qaughter) there scufis between
them ths two men had hold Of each other Mrs sulli-
took hold of Smith and told him not to kill her hus
band turned into my and saw nothing for
long tune; afterwards saw Mrs sullivan rum up
starr and smith after her and catch her by the poll ana
Cross examined by the District Attorney recouect
Captain Leonard asking me If knew anything OF the
transaction and told him nothing Of it, said so
because didn't wish 20 appear in court at that time,
as 1 was not in condition. saw the two men having
hold of each other, but do not know who took hold
6rst; Twas not the person that tainted don't know
whether my sster not from the time saw the
prisoner and deceased the floor, went back 10 my
own room and did not come out afterwards did not
know that Smith killed for two hours after he was
dead; they didn't wish to tell me.
MI Buckley said be would explain this by stating
that the witness was then in delicate situation, and
they did not wish TO alarm her.
Mr. Blunt said her room was searched in quarter Of
90 hour the Transaction blythe officers when looking
for the instrument.
Witness-I knew the man was stabbed but they did
not tell me he dead they told me the doctor had
John Martin. husband Of the last witness, deposed
that he had been out walking on question:
coming In he heard Smith call out "I'm stabbed, I'm
stabbed and saw him come down; he had shirt on
Mrs Sullivan to room at that time and begged
to come in; refused her till my wife interceded and
let her in she the landing q. her door when
came up did not any else on the landing but
Mis- SuilNa
Catherine Collins young and good looking girl de-
pofed that she out walking with her
the last witness entering the house she into the
dining 10 II her sister there she out
Immediately and Smith pasted her into the saying
he was stabbed; that was immediately after coming
home
Mary Moran recalled and in answer to the court,
said that she did know tbat these knives spoken CT
by the witnesses in the house; had been two
months there and never heard any thing about them
To the District Attorneyl did OF put knife in my
bosom; put the one which Mrs sullivan gave me into
the bag; kr Mrs Foster she Is the Lady that opened
the gate for me- at the Toubs.
To MIR Morris-There no knife taken from me at
the Tombs.
Mr. Morris said he would have Mrs Foster on the
stand There had been rumor that Mrs Foster took
knife from this woman's bosom, ard be would wish TO
have her testimony on the subject.
The District Attorney confessed that he had heard the
rumor and had cent for Mrs Foster who assured
him IL was unfounded.
The for the defence here Gle sed.
Mr. Morris then addressed the jury on behalf of the
prisoner who he said had declared before his God that
he did not stab the man. nor know who did IL. He
called upon the jury 10 before they found the p
soner guilty upon doubtful testimony, when there
not witness who had that the blow actu-
ally given by him. The theory Of the defence that
the deceased as likely to have been killed by Mrs.
Sullivan or Mary Moran as by the hands Of the prisoner
prosecution and conten ied that the testimony undoub
edy proved that the blows given by the prisoner
and by ptrson else. lie then reviewed the testimony
at siderable length and insisted that the crime with
which the prisoner charged murder. and could
not he, in his opinion reduced to granddaughter. IT,
however the jury did not deem il a of murder, it
was at least manslaughter in he first degree.
Mr. Morris submitted several points OF law which
he tquested the Judge to charge. He submitted that
ii the prisoner struck the blow he justified
in self defence repe the aggression TO the taking
Of life and that be not guilty Of MURDER and also
that If the blow given by the prisoners wife, he Is
not guilty.
On of the points the Court refused to charge and
counsel excepted.
The Judge then proceeded to charge the jury defining
them the crimes that constitute murder and the diff
fcrent d. grees Of mansaughter.
The jury retired at octcck and after absence of
three quarters Of hoursbrought in verdict Of Guilty
Of Murder.
Mr. Morris demanded poll and the jury were found
unanimous.
The prisoner received the verdict with great camness
and looked anxiousy around the court for his unfortu
nate wife
The District Attorney announced that he would not
be ready in any other criminal trial this term.
The jury were then discharged, and the court ad
journed TO Saturday morning, at 10 o'clock when the
Judge ordered the convicted prisoners be brought up
Tor sentence.
THE wife Of the prisoner (whois by trade tnman
ubk shop keeper) in court the greater part Of the
day. with her two children infant, the other
about five six years Of all neatly dressed aud
enting the appearance of industrious family In
ortablt circumstances