The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-03


mont which was tbs least; hut the offence might b
whether the sseD that tho rand Jury had fsunt
sbill was intended to preju, uce their minds ths
present day, when the nstu..s OF grand jarie
was fully understood, and they were known to +,
ipqpstoTia and secret in their pro all
sonerws produced before them-he " confident tn.
conclusion that they had come to wcnid in no do
nfutncs the decision to be given ~ tbs present
jury Ford Hale had said most truly ths IL easy
to make charge OF rape and most diGcsis TO dis
prove It, There were many discrepsncies Il, this wo-
and that OF Dooey particularly to the
Of first meeting the prisoner 1t always necessary
In case OF shs nature that the prosecutrix should
be oorroboratsd but here the only witness bre4,ght
forward to do so vas Schwartz who the Rand
under such circumstances as showed him to be
aomplice and conscious that he ought rather to ys
been In the prisoners dock than on the witness 3
stand. Some better testimony than hts should Ger,
tsinly bs adduced in her support nature of the
defence set win bs gathered from the following az
stract OF the testimony. which space will allow
US to give In full -
Catherine Murphy, a prisoner in ths county Jail
swore that Ellen Rush the prosecurix had over
to their the wnesss side Of the prison several times
about the occurrence; that shs had told them that
they had drank both beer and brandy ~ Dooey'e on
the night In question and that illicit In
had taken plsos between her and Dootey; that she
asked witness to OF the friends OF the boys
aad II they would give her $40 piece she would 10.
swear against them, but say she crazy when she
lad done So
This witness, on GROSS examination said she lid oot
know how many times she had besn committed to the
county jail but Justice O. Smith had her about
forty timer; that she had known the prisoner family
for abert nine or ten years.
Maria Pheeney. also o prisoner from the county all
feowtd suit and told the main points Of the story in
twice in the county jail had the other Of one
oi the boys, and sistsr Of another.
Justice J. Smith WAS called had the
prosecutrix the morning after the alleged outrage;
frcm Der appearance and the state CT her breath he
thought she perats psrson but could not
then perfectly sober. The examination being handed
to witness to refresh his memory he dsposed
row, the principal being the lumber that she then
rpehs Of, viz Eve; he, however raid they aot
pointed out to herr she identified them they in
Crofsexamined- he knew the witnesses Csthari2e
M1rphy and Maria Preeney, In his ex perisucs as .
poice judge they were both person, OF had repu-
tRtion.
Isaac A Ketchum was policeman OF the fourth dis
rict recoected the evenisg in question: his beat
Clinton, Myrtle. and Fulton avenues, TO Raymond
street; saw Dooley at the station house that night
when he vent there; the relie time half past
o'clock raw rcrson he supposed to bs Dooley be-
ioie otHeeu Twelve ana oae O'Clock so:ns up fulton
Fulton sveDus, below Roy mond street folio wed them
By ssd bye three boys came along; he hnew one OF
them by sigh. ard ssked HIN what he was doing
Of tho three raid they wanted to get the
wcman that wns with the man Deoiey came
to the station house about l5 or 20 minutes aztec
witness got in; sitter he saw hin aud Mrs Rush toge-
her be thought they were the tn ~ he had
before; they sppesr,d intoxicatsd-ths woman very
much So nore 20 than he they went up alo as Tar
ssDr Coke; then vent rouad 70 yards the railroad,
aud witness followed until they were pretty tae
railroad. +.s@
Crcss-examin.d-Th the person he rego ,niled
was Murray: knev George Higbss, (ths prisonsr'sl
blcck head; thought ne asked Murray wa.t was
CUT" and another poy ssid they wanted to get that
women away frem the man; the last he Of thsn
they were within speaking dittanrs Of the MAJ aad
wemaD; when he met them the woman staeser
ing. and stumbiedi had seen Murray since; Higoess
fathtr had subpTpIed Lin.
Mrs Rogers who lives 10 the zane house With
Doosy, was then called, but che ststs3 ths. che
knew nothing about the matter, did not kros Ars
Rush, r.mcsaosr tn. night in question heari no
wrsngling or qaerrellipg,
MIS- Phoetc Uooh e no proved TO BE- sister of the
rrisoner ckscn) depos-d that the pro,e1Gtfs
had sent for Der ard told her the boys would riYs
her $40 apiece abe wonid say Ale ala not ksov thsm at
the trial that che wanted the nopey to 90 10 Uanaia
that sbs wse going to write to JGtge smith 10 what
he would say about it tnst she vas eoios to stay at
Dooley : all night. but Mrs. Dooley got in q pas.ou
sttEpsa her foot, and carred an5 -wore.
srrah Ann Higbee was then cali,d The witness.
gfi about twenty gears Of deposel sss sister
ofthe prisoner ana han seen Mr., Ruah 10 IN. couaty
jail several times, and conversations had pissed por
The Circumstance. She thea rec0ou'ci them Goes
we've 20 the fsne effect as thos3 70 By the wit
Left,s aiuEphy aud Ph,eney with sons additional
particulars as 10 tie Proceedings Of tbs pro1ecusrx
and pooley the night In question, ~nich untt
for publication There several con versation, and
cross sminAt tion she detailed the occasion each
pud who was brsren and denied thai abe had ever t9d
Ellen tthe posscutrixl that she would and her home
II abe would not swear against her brother, tina,
Ellen Rush bad Threatened ~ sne dii not CT ths
On htr re sxsDiuatiCn by adae qarr!soe she stated
che bsd bssn memhsr o. Methodist church la fs.t
brookly IN Fmr Sin avenue last trait meeti az
year; va. full member, end bsoaeed 20 brother
Psrkers Glars; Mr. Parker livt ~ Myrtle vas
Dow hV!ag with her mother; wen, TO Hotoksn iit
sru msr, and stay cd there iour mouths.
william Patttrsta. who vas q cutler by trade. but
Isw employed at sbovsi making, va, called lie waS
at Farrell that Nigh and tho win SohEsr,r
there, Who vss drinking gin, ami vas in sox.eat33
wituess Drank nothing hut ginger per hgnsrH
Cross examined Had crank pothlog since Nsv
Years.
Francis Geek, OF Geld street q carpenter rial
kntvn the prisonYr eight or nine years; hrd never
bnovD nnJ thing out OF the way uf him, except that
be VAS Mid never hssrd anything sss'nst hi, chl
ractsr BE- tpisoner) worked at e.rpentsrg work last
suHmtr; be drove wagon. pefdiiIg
The pTisootr defence rested, ~hrn the Ditrct At.
toineS called es rebntting r-ssnc. officers stsSsfs
that night, and that he had ssen Pattofton drunk
within tie last two D three wetka
Oficer Nelsor, sl,o bad tho witness. Pat.
ttr,on intoxicatd tao three weeks ago aud about
one week go he tnew Catherine Mnrpby sud Maria
tEesrty; their general repptation Was bal, ana he
would not believe tkgm 'heir oath, kAi kGown
tttm living in houses Of pros.itut-n.
Mfs Mary poolsy, wife oi James noo'sy, vino denicd
positively that Il src sry drinking or qusrre'ag
In fer noufe on that night
Mis Mcdonald, (DcoleJ's sister and tho p-oseeu.
trlsr si,tsrir Law uho proved that the latter a
hfipR with her at the time aud left her houss per-
isctly soLer shout eve o'clock, TO e - Doolsy's
Judge 0arriron summed up for the defence and che
Disirsct Attorney for the prosecution
judge Morse whose sngsgen.n mt ~ Suffolk - in'J
compelled lin TO complete the case charged the 1t
ccBciutfnR ahcut twelve o'clock.
They retired In essrgs Of odicer Taylor and after
CELEBRATION ~ about quarter o. an hour re arHri
with q verdict Of guilty
The court thsn adi oarOsd til Monday the 10th iost
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Police Intelligence.
Ons EVfd Tom pa.a's Cats.-At three o'clock this