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


circumstance Of this and that ne had read the
IewfpaTer sccounts of II.
Mr. Morris challenged NJ Bsyly for principal cause
and the submitted 60 the court as triers
The Judge interrogsted Nh Bayly, wao answered
That he bad formed opinion ia this from reading
the newspapers tu thar MS option not formed
as 10 renaer HIM Incapable OF gsirg verdict according
40 the evidence lie i' that be would try the case &C
cording 20 the evidence
The Judge gave the juror OF his lectures
Newspaper reading ard sked him did he not know
tL~i tad frequently deVoved him 70 censure jurors
Tor forming al option from newspaper accounts
hr. Bayly said he that he liable to
any Ceusure and he hoped h. WAS not on trial
The udge said he trial, ana that who
ad, ar admission in open court that he had formed
opinion Ia case, and rcjudged fellow being whom
he nigh lie called upon &c try placed himself in po
stion as esgrading as that Of man who comPsed to
admit that be has just returned from serving tine in
Abe State prison.
Mr Bryly said he vas not aware Of any such thing,
and be oertualy felt fseog Of degradation He had
termed opinion but that opinion capable Of being
removed.
MIR Morris said he would Withdraw his challenge raj her
than submit ar Bsyly 70 this unpeaszntpess
The District Attorney then renewed the challenge
the ground Of DIR Bsyy having expressed opinion,
and the court accordingly found the challenge true Mir
Bayly was then directed 10 stand aside.
After thirteen challenges part OF the prisoner and
Others being excused from CONSCIENTIOUS scrupe, the
tolowng jury ss empanneled and James Sullivan was
ytsrs o. age, and a native OF Ireland -
W Thurmand. T. Alexander Culbert,
2 Lorenzo Burdstt, WIN G. Lemon
4 John CHASED, 10 Jsnss ucCann.
g VIM. II Brooks, IL Pete- w Steele,
fhe District Attorney stated the part,ul Of the
and 10 sccomn ohte the medical witness he pro-
posed to call the Doctor rrst.
Doctor lie Roy deposed that he made post norton
nation on the bo dy of deceased ne had wound on
the LIFT shoulder and the groin the wound
sh 1ulder four inches in depth IL pointed in
etTUmeni like dagger that inflicted IT, the widest part
at the surface aud narrowed As went In the wound
On the gioin was tie most scIous; was two inches
leg and four depth ii almost divided the principal
trBach q the main artery; the wound there the
suit blow; il esUed By the same instrument
only larger wound from the dec sed turning
VIXEN he received IL the cause Of death was loss Of blood
nou tbcsc wounds.
10 tLe July-Iae sopnd in front, the outside of
III thigh the wound the shoulder also 10 'front.'
that have been frem either behind or before the
wound on the thigh was given irUm the side
eepossa-I lived At CUT stree, in August lat hired
tie whole house; Mrs Sullivan occupied the rear room
ca 70 .o1 sps prsbsr sn sy.s ana hs wife
did not board with they kept house for thenfeves
Ed~srd smith the deceased boarded with me he was
seLsr, decent man l remember the day smith vas
s<sssa Mr. f s1s and NJ 1S.bs nay hue s.
land two grown boys. and two children we're at
hone; these header, were also at home; while
= was giving TIE men their cnner, heard a noise
upstsir. BE 81 netting breaking; told Of the
<fiiEgersld) 90 up stairs and Whist was then
tsd roDld 60 up myself 10 MAKE peace met Mrs
aid to her go In and make peace in the Of God
a5d tnen ssid would ~ In saw Sullivan inside; be
br,sAipg the croekery nth It; told hi il be dl
not respect himself 20 respect the house, he then raised
nj. rishi hand ana sIappei me ON the cheek my
Husband called n dosn stairs. ana / went down;
sullivan did not cay anything TO while Was there
hut his wife told him net TO hurt Mrs Ferris went to
I1y own room door. AID stood WITH my hxnts TO nay
back could not the door Of suiiivsns room from
where stood the next saw was smith (he deceased)
coming down the with his hands 70 his side he
cane T. the dining -oon he said he wac stabbed and
was soirg before Ms God
Mr. Morris objected 10 anything The deceael said to
the witness being given In evidence
The Court said tina; tho exptsssn that he going
ana Ssat he sse com pe,en, testimony Exception
tasss -, ,,..,,,..,,,-.,..
died In twelve minutes aer~srds It was on sunday
about o'clock heard noise like scuiiDg up stairs,
before smith came down !, continued the landing
for bali IN hoE- after came down, ] was in sush
fright don't kno- what xA> doing saw biocd about
smith ali ever him as he coming down; there was
slso hood on the stairs; welt for Officer;
don't tnov who Y vas. had SEM my son for oncer
after GENE down stairs sne before smith stabbed;
saw officer TIL smith Gown stairs and Captain
Leonard IVES the FIRST cheer Who cane; went up
stairs viththe pelicemsn Mrs suli'a1 was standing
the lobby. and the door was locked teld them to
break open the door aud then Mrs sullivan gave the
policeman the key think the name q the policeman
also Sullivan; he went into the room aud ssiEed
sullivan 1.-THE pfisoner); he standing quite close O.
ths jsmb q The door the onicer took him on could
not IN shat the weapon wa; thinks II was iron, IL vas
Nke peker for the grse u q stove.
Mary Moran examined depceed-Ihe prisoner 4
ny h,s, cousin lived vi'h hin IN aUss,s AZ 49,.
small children. ] slept In their rooni ! had lived
there two months before this Transaction; kneN smith
the deceased sullivan his wife. and myself were about
20 ~ down 20 dinner the day in question when his
hrs siri about tve years cid asked him for some mo
sbver hat h. able 10 spend his money himself he
cad nothing 0ui turned around aud b,gsn TO break the
dhes that no table he took hold ofons q the
plates and hesved II after his ~if. she out the
landing ana bessn 70 cry. Mr. Ferris up suli
ND Ia rr--S any more, he caught hold q him.
sbd ne Up with MS nrvs - $50 Der =
Esp in ths face ! aid DOT zee anything 10
vhich vas banging the vail and began b. break tn.
dh hes sssin went over 40 him and toad him zoi T.
break any and h. slap the shoulder
did nothing but TOOK up the bsby. Of sunyan's
children cut Of the cradle. and vailed out with W Il
shout tvo months cd ssv smith out the land
ing opposite sullivan. bstrsvn thu doors sullivan
~ss 81 tina, time In bic own room. and continued 20
br.ak more; they began O. jaw and smith told him
AZ vas = shame for b m 20 bresk any moe dishes,
he va standing in the entry ard sullivan door vas
vhsre hsd zone with the chd smith told him he wss
no deceut nan break the thing; sullivan told bin
,hey we're his own sns be bad . rEht 70 q. as hs
bresk be would sUner for g." no sooner had smith
ssid the word than sullivan turned rourd aud BE-.
-" IDEAS more AM s.isn 700 hola
his bead down sgains the wall and upon that sui
n-sn ,oek hold q smith sullivan also took smith
by the hair q the head they tumbling another
sbpuf the hoor on The udng and Mrs. Martin another
NdgeI e,fed sullivan door and closed me in tne 'front.'
Evar Outside the adding where her husband and
smth rcre did nct anything that time until
der srs "a, he, he sss '' ashs t-iO MTs Sui
vsn toos hold q s'h ty The hair q The bead when
shs saw HIM get the grTc, -'no % nsr hu'basd after
liver her dsd me knife after he Ken prisoner,
gent icto Bis aud Mrs sullivan thsn 'ndsd me
lie lnifc. e wa ytnkr z. q not a ar-e one
frfcres the blade % b. about the large blade II an
ordinary szed perkniie pu, The knife in a bag b..
cause fif not like O. haze b. about had known n
N n tine that the N an vac sfet1sd
t. . s.ssor~Csnnot 81 whether sullivan t. leo
Banded man not
an curt took recess for sn hour The jury the
ncsu time we're rcIuestsd 60 view he PREMISE
gFTEprucN SESSION.
on thr re. fsetmbiiDg - the Couft' May horan vas
eesn 80 afd continued Ter eeiden,e- TIE knie hsd
sdsrF soiuscf landle dd not fee IN that fcom apere
% reg ccvertt with bosd; the bag IN which pnt The
nfs hung ~ In the closet knife produeed VA