The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-12

tried this charge but the jury not belle wing
the evidence snfcient to warrant conviction, as no
community and the result has exhibited itself In the
charge the magistrate, Justice Lothrop, committed
| them both to the Tombs for trial.
Court OF Oyer and Ternfner.
and Miller.
TRIAL FOR MURDER-sEcoND DAY.
MARCH II. Thomas Prichsrd was sgsin plsvsd at
the bar, charged with the murder Of bominiok
L,mbrscht striking him on the left temple with
Onicer Bingham, OF the Sixth ward. polic.. beipe
sworn the District Attorney .ad the evidence Of this
witness was merely cumulative and his examnatfsn
and cross 1amn alton we're therefore dispensed With
Bridget Rodgers depoeed-That she lives with Mrs.
McC1inohey the witness who examined hs-e yestsr
day; saw the prisoner only once ct Mrs MoCin-
levs that's he sitting the end Of the table, hesrd
his name was Thomas Fletcher" heard Of the crime
came to slsep at Mrs McOlinehey's che only slept
there ono night and that the Monday that the
Butcher Bill and his woman slept there then
The District Attorney said that he intended to have
Examined Butcher BIN but as he is convicted felcE
however, the prisoners counsel desired IT, place him
on the stand, they chose to waive tho obj cotton
Bridget Rogers, continued.-The prisoner was ar
rested the Saturday night OF the same week that
the murder bad been committed; told the District
I would know the prisonsr; that only saw him ouoe
and never before or since.
animation Of this witness.
Mary Hogan, : good looking young woman, with
caDy n her arms vas examined, ana said II live In
was living ct Mrs MoClincheys ct the time 1 heard
II from Fletchers woman; the person call Fletcher
son, Butcher Bill he was not arrested when wss
with him; he was taken up town; he came to Mrs
had taken place he remained there all night Fletch
er's woman came to Mrs cClin chey the Tuesday
With me on the suna.y night before Ii. no. Ss
came on the Monday; had not seen him for two
(The testimony Of these witnesses was given most
reluctantly, and was unconnected and untslligibls.
The object OF the examination to show whore the
prisoner was living 1t the time OIL the Transaction that
he and his female companion left their residence for
another place and that tho psrpetion Of the crime
was fpoken Of amongst them
The District Attorney said with the exception of two
witnesses sgsips. whom he asked for attsohnents his
case was red.
FOR THE pKFKNcE.
Sarah Prichard, care worn looking creature, de-
pessd The pri.one, Is my SON ,. viii be II y.ars Of
about year ago. he WAS carpenter the prisoner 10
carpenter also; always found Thomas very kind;
he never gave me an unmannerly answer; up to the
mot always able to work in sf an .seid.nt
that occurred to him. he fell from tree and his arm
s sometimes so bad that he cannot put his shirt
the night Of his arrest he In fatigusd ct half
past clock sitter looking for work he said he was
my asSsnsl .s, making caps: and he sy down
were going 70 bed did not wish to disturb him
We threw blanket over him We had no other bed in
the house but the one occupied by my daughters and
myself; IL vas about one o'clock when . knock oame
to the door: voice said, mother won't you let me
they wanted; they said they were ofhcers and they
wanted the boy asked vhat boy; they said Jim; I
the place they looking for they then went into
the next room, and took Thomas; he made no effort
to escape b; could haze got ,s.y IN. liked 70.
know whether, from that st roof he could get to the
ground.
Gross sseaaminsd-My son was born In Ireland he Is
In this country II years; he has never been In ths
house Of refuge he away from back and for ~ard
about yssr; he lived with me up to the time his ia
= Here . Butcher Billr ana Four fingered Dutch.r
v,is br ought into court
The witness continued-Thinks she saw on. OF these
at her house few nights bsiors Thomas arrest;
never knew my sen to 60 BY the name OF Plstcher
insts Cd Of Prchard.
Judge-Ths names are muoh alike
Q-wasyour son ever In the romss before the pre-
Mr. II. y. Clark objected to going into evidence Of
wsuo be entitled TO 90 into testimony to prove vh.
ther that charge wastrue or falre
The Court sustained the objection.
Witness continusd-IIer husband was addicted TO
drinkpg Thomas took TO drink alter bis father died;
he has been 70 school tor sev.rs quarters. he can read
To Mr.. Clark We have not been always poor;
we're we'll OF when we came &c this country; u vas
after our circumst stances changed that my bu,haad
took TO drink, be was not tntemp-rste when We came
to America
To the Court-ws have books In our house, mag.
zines. history travels. and the Bible.
To Mr.. ClAFk-We are not Catholics, we are Pro
t.stants.
wiIliam m Esmunds d-p,.-d that he 1, warden Of the
city prison and that Mr. Hunt to the prison
ofhcers TO identity prichsrd several prisoners
GROUPED together In IN. usual vay and Hunt
id.ntined a nan named Cromwell since sant to the
State pTion. and ~he was delicate looking psrsos,
s the prisoner whom he came TO Identity; he was
within seven yards the prisoners at the time there
vas sufficient light and plenty Of time and opportunity
Afforded fer the identocsion there is similarity
between the features OF Cromwell and this pfisoner,
Crom~ell wss good looking f,llog, and don't con.
elder the prircn-r good looking By sny means osst
cay whether Butcher Bill aud four-fingered Dutch
were among the group.
on cro,s examination Mr.. EdmuDds said that he
did not consider Prichsrd aud Cromwell In any ~sy
bling one another; he did not think any person
could be reminded CT one by looking At the other
10 the second occasion when anotber psr.on came ts
the prison TO see n be couli identity rhomps.n
utoher BID witness could not say whether Prichsrd
was placed in the group or not
To Mr.. Clark k-On the oco aston that Hunt came TO
identity, am sure as that live, Priohsrd vas
in the group
cir months attached TO the New York pelio-. 4 am
three ysars in the Chiefs on know the prisoner ct
the bar for about three years.
Mr. CLARK objected 10 evidence being offered ts sho.
the character Of the boy He counsel had only
HE character ~ to kindness aud u vss retent for
him TO show that character when the prisoner is
charged with murder; h. did not believe that n the
persecution sho-ed thai tbl, boz vas . thiet .
ceiner u would necssssry solior that he capable
Of perpetrating . mur der.
The District Attorney argued for tn. admi.sibiity
of the evidsnce b.eaas. the counsel for the prisoner
had opened the Inquiry as to character They ssd
ssked he vas good boy and the mother said h.
up 20 the time cf HE feth,r's death.
The Court ruled that Mr.. Blunt night ash 10 his
character for kRaness mp to his fathers death
The District Attorney, TO Mr.. Rsed-Dc ron knev
any scts Of viosnes ths part u this BOY ohectsd
20 and ruled cut
o-wsst y the character al tho BOY for kindness
towards eihersl Al don't knoe anything OF Il.
Doctor petmeld was calisJ by ths defence and de-
posed that he occupied thA chsir Of medicine In the
| Celscs Of Ply sicians ind Surgeons.
Mr.. CLARK having fescrSsd the circumstances Of this
case and the msnrssr In uhich the man attended TO
hussress for half an after he received the blow