The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-22

next heard Der "holah" out she was killed Dslany'G
heard him ssy he would defend himself
10 Mr. snitA-whsn the ofacsrs took him out, he
had blue overall did not hear DeIaDy say any
thing ssout knife, before the woman was stabbed;
ne appeared to be very much excited when he was
taken out By the policemen; he looked around an
wondered very much. / don't know whether Mrs.
70 the Judss-I never saw her in condition, from
drink % q TO make her act differently from her ord
70 Mr.. Smith, did mot hear the word murder
made uos OF before the stab was given.
Mr Smith then stated that q witness named Mar
shall was % intoxicated this morning that they were
unable to produce him yet he accounted for It by
that some friends Of the deceased had induced
custody Of two officers who were walking about with
him to get him sober
James Prendsrgaet depssed that he knew the pri
soner from boyhood, and always knew him to b,
quiet peaceabis man never heard any charge against
his character before this.
Thomas Esgsn gave similar testimony.
John Delany, brother Of the prisoner deposed that
ns csrpentsr; the prisoner is carpenter also;
Drought me and my sisters to this country and be-
haved well to
is thirty he learned his trade in Ireland In the
county 81 Kilkenny and he then went to England in
search o. his tertuns to work at his trade he
boys sometimes indulge; he was always too cowardy
Martin Walsh also gave the prisoner character fer
being pescesbiy disposed
Doctor Gser was recalled, and in answer to the
court, said that he recoleets distinctly that Delany
was pre,ent when he took the examination OF Mrs.
Mcintyre at the hospital; che Identified him as the
man was read to her before she put her mark
to IT, do not recollect that Delany said or
conTadicted any portion oft At the time; did not
tell him that he might ask her any qussions did
prevent him from interrogating her
To Mr. smth-Abscesses are frs uently formed With.
out any assgned cause from the effect OF dslirum
that will produce dsIiru trsmens except i,o%or and
opium A-fes; electricity will produce it 1t may
be produced by other exciting causs. It is sleep and
lirium treneDs cut of that condition; do not know
whether Mrs Mcintyre out Of her mind before she
died.
DR.. Covill was examined by Mr. Smith, am the
physicisn OF the City Prison. 1t Is thing for
people 20 ole o. aslrium tremens absoesses form In
lerBslly frequently whore external may sp-
they are more apt to form !. Of Irregular
habits than In those Of regular habits
in person who bad recsveda wound In the abdomen
and that the abscess formed all the surface inter
,ence OF any other causes should certainly attribute
The Judge Is it common to ssse.ss like thi,
form without any external woand A-No, it Is not;
should think II could not exist without some exter
Duigram called and the Judge read Deany's
statement, in which he said that Mrs Mcintyre was
lying on his body, and pulling him BY the hair aud
Ian and Marshall came into the room and pulled her
on him. Duisnsm said that that was not true
James Gillian examined by the District Attorney,
neult Mrs Mcintyre, calling out of her name he
called ber a.; she then said Go out Of my house,
and my heard her leave nsg S.s aSd s1 asg
she would put him out; was very glad to hear that
she ". going to put him cut for he annoyed very
much that night and had freque ntly annoyed be.
fore; ! put on my psntsloons, and met her coming
out OF Delsny . room I heard her say, Oh. James
DuigDsn, 1 m stabbed by Delany, the mur derer
The Judge read Delsny's statement and the witness
said he did not hear him cry murder; he heard the
deceased cry murder, but cannot say whether she
pulled DelaDy by the throat nd hair ha
not In the room NJ the time
Cross examined by Mr. smith-whsn l came down,
Mrs Mcintyre was in Delanys room
To the Jury-pid not 20 into the room whore Mrs
MeIntyre aud Delany were
DeiAny should leave the house that night she would
hayr him murdered in his bed
To Mr. smith-Did not hear her swear ut him; che
called him q rascal; did not hear her cal him id
rufisn used to make Mrs McIptyrs little present
occasionally; have given her little Eau de Cologne
water; Dugnan and were not jealous of noth.r;
she was large woman, about 80 years Of ago 1 was
happy TO sse that she going 70 put him out:
can't say whether she was angry not but II she
was, tbe had right to be; she we'll pleased at
the names being called her. Did she talk IL shs
OF angry i cant FAY how much
The District Attorney then offered to read the state
ment Of the deceased
not told 70 ask the woman any questions and II did
not appear that she warned by any physician that
abe Was In I'm mnrnt danger. Before IL read, how
ever, be would examine Mr. Camp
Camp attorney. depoeed that he saw Mrs McIn
tyre at he Hospital three four days after she
there and she said che wiling that Delsny should
be d,ehargsd che said she hoped out OF the
Hospital, and II she shs would to his dis
charge
Mr. smith then said that this statement offered by
the prosecuton, made the sth the day
went to the Hospital and in three four day. after,
she expressed willin to have D-luny
d said " she got out she would exert herself TO have
him discharged
was, that che believed she would not recover and he
could not understand a stronger case for making .
grounds the Court cosd say that che did not believe IT,
Mr.. Mckeon then read the statement In which the
deceased raid that Ia consequence Of DelsDy using
violent language against young woman in the house
and also against herself saying they aothDy hut
-, she went to his room. when hs sprsng upon her
and stabbed her aud that she had not 10 tie best Of
her knowlsdgs siven him any provocstion she idsnt
hed Deany, and said that she believed she would not
recover from the injuries.
Here the Court took reces,
AFTERNOON SESSION.
Jsmes Marshall, the man Who had been drunk all
day here came into court. but in such state-mid.
vsy between sobriety and .tupsisction Mr..
smith raid he would not sxamins hm he preferred
going to the jury without his testimony.
The Judge asked Marshall how long he had bern
Mar,haii- About three hours daughter Q-wh.t
you A Walking about q Hc~ NAVY giasses did
you tskel A-About tsslve. ULsughtsrJ Q-who
treated you A Mrs acTniyre's fri.nds.
District Attornsy-ssme any one ths, treated you
Marshail-I do not know who they are never
In the ttate prison vs.. tried once sna acquitted.
drink
hsrrLall-About O'Clock o-Hev Iont wer. you
drinking the twelve gissses A-Untii about o'clock
lsughter) Q-Did you psy for any tha, 200 drank
A-No Q-uow do you kno~f A-necaus. 1 could
have drank twelvs more, aud gone 10 my work usu
al lLaus hter was sober enough this morbSg.
and sm man Of talent enough 70 speak 10 any msn
In court (taughterD
The Judge ssId, n his testimony wa material he
would have bin locked up until morning; but Mr..
Smith declined making any use Of hiu In the case.
and Msrsbail was ordered TO withdraw
r affa ia rraH Nhaf ne
persons Who induced Marshall to drink IN court
now and one of them vas witness Who had been 4.
atniBsd Tor the prosecution yesterday
the District Attorney said, that u the evidence OF
Marsfsll was mstprial he the part OF the
prosecution, would in.st the going until
20 morros until the witness got sober
Mr. y NJ Smith then proceeded 70 up on be.
bsH of the priorer contspdiog that the evidence
adductd, verdict ef guilty could not be pror ouncca
0y the jury, either tc send Delany to death or Tin.
prisoDmept Counsel then vent TO a-gue that the
probability was that the woman died trom delifin "a
tremenn and not from tie wounds inflicted her b,
the accused The learned counsel had not con Il AIDED