New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-22
Cont of Oyer and Termincr.
Before Judge EdRonds and AID Franklin and Delamaer
Trial of Patrick Delany for Murder.

SECOND Day.. Tuesday, Jan. 81.
Mr. Alfred A. Phillips opened for the defense.
1t will be shown that the charge OF murder can.
not be sustained. 1t was not premeditated de-
sign--no malice, but the reverse, to the time the
unfortunate woman entered the room-up to -
o'clock they were on perfectly good terms-thc
prisoner was in his own room, undressed. Court
said if it was the intention TO take life at the
ment the blow was struck, the law implies NAL
ice 1t will be shown that she made an attack
upon him, called him a hard name and said he
should be murdered, &c; large blade of knife
was used when there was small blade, which
must have been instantly fatal Mr. Blunt said
if it was not murder 1t would be manslaughter In
the third or fourth degree. He is protected under
what the law defines justifabe homicide. The
Court said he would charge as he always did, that
if the man, in good faith, had cause to apprehend
danger it not murder Mr.. P said it will
be shown that he was really attacked or had rea-
son to believe that he would receive great bodily
harm The statement of prisoner that Mrs Nee.
wished him to marry her, but he refused, and she
did not like it. In the night at my going to bed,
she threatened to have him murdered or she
would murder him herself Dignan and her told
him he must 60 out Of the house that night; he
was threatened, and kept his penknife in his hand
to prote ct himself Mr. Nee. threw herself upon
him and caught him by the throat, and hurt him
so much that he cried murder; he had the knife in
his hand: Look at the man, the wandering of his
eve his evidently nervous constitution, &c. The
man Dolan, who was in the ROOM has not been
brought here He has sustained good character.
His principal failing, like many Others was some.
times 10 indulge a little more than he should have
done in the use Of intoxicating liquors. Good
character will be taken into consideration by the
jury. Paid high compliment to the Judge as to
Justice and mercy, aud also telt that the Jury
would look leniently upon the case. He has
brother and sister looking anxiously at the result
of this case. While the Jury will administer
with firmness the law they will think on mercy,
which is a part Of the law iaelf The word
Guilty, once passed by the Jury, can never De re-
called, &c.
Dennis Callahan, sworn for defense. --Boarded
at as Mulberry st. retired that night about ten
minutes before 70 afteward heard noise, heard
Mrs. Nee. get up and talking loud and saying
something think il wss son Of b; subse-
quently heard her cry out out she was killed
heard Delapy then say II any one came in he had
a knife after the stabs heard him say be had a
knife and would defend himself never heard any
thing between Delany and deceased as TO mar
raee the loud talking continued about ten nj
nutes; heard Mrs. Nee. voice, and also Delanys,
but could not understand what ne SAID; heard
nothing about knife before heard her say she
was stabbed, nor afterwards when he was
brought out ofthe room by thepolice ne was much
excited and looked round and wandered very
much bad boarded there three weeks; never
knew her being under the influence OF liquor, and
never saw her drink; think was at lawyers
Office with young man the lawyer took down
what ] said Mr.. Smith wished to show what
that statement was, but it was objected 70. Mr.
5. evidently had expected different testimony
The Judge said il was nothing extraordinary
that witness would say one thing IN the law
yer's Office and another thing on the stand. He
had more than once commenced case where he
felt he could easily beat bis adversary, but the
witness beat him.
Cross eramined-Saw no blood on Dslany.
Mr.. Smith here said they had procured the at
tendance of Marshal, who came 20 Court, bat 10
state OF intoxication, and the officers are walking
him about the Park think he has purposely been
made intoxicated. The Court said It would be
well to let him remain a while, and he would give
testimony.
James Pendergast-Is laboring man; have
known Delany SINCE he was boy never heard
anything against him till this he was qne'
man.
Thomas Hogan, laborer-Similar testimony.
John Delany, brother of prisoner-A csiPeIses
by trade as prisoner is; never knew anytning oso
OF him he brought me to this country ana Orousns
my sisters here -
BIZ Judee-He is upward oil so ne mas been
here sbonf three wears he came from the County
of TiDoerary, as Mrs NICK. did be was taught TO
read and write be never engaged in any fights;
he was rather coward; he il not married.