The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-13

Ksers mop tho night q the election III bow osms ~.
me; schsasr came In when there; Steckru vrrtsr
stabbed" and showed his hand which was bleeding pro-
fusy he asked for tho barber and said ne was sseeo
then dressed he wound which vas on tho wrist.
1t wAs about an inch little more long there was nd
water and both the bleeding sent the bar
for water Seckenwerter had dirt on his back and
his face was bleeding knife with SchatYcr I,
was shut opened to cut the linen to bind tho wound
had blade at each end was small knife about 4
or an inch and half long; had knife next day at tho
police Office which showed ss being like the knife pro
| ed d-n It, throw It away" he said he had been
stabbed that he had had Tight can't recolect what
elschc said no was drunk had trouble to keep him
on the chair while was dressing him; ne said the
had watched him that night he said he stabbed
and the other who stabbed him stabbed also; he
(Schafer said he had stabbed three times two Of
them took effect Schaer threw the knife away towards
the door; took 1t up when he threw It away II
open was not open whom e first showed to me- both
the men went away when dressed the wound; Il was
about half past nine O'clock that election night and
| the next morning heard that the was stabbed
Cross examined know Schafer two years and half
know his mother; never him drunk before that
evening and he then drunk that he did not know
what he was talking about; he out of his mind mt
| tho time he Is o. mild disposition; he never would
| hurt child; he was handwriting man his was
entirely blue from bruises cleaned his coat and
the mark OF boot on his back il he had been kicked
THE wound on the prisoners band was hero exhibited
the jury Witness contnued-Steckenwertc also
full of mud; he said he could not defend himself against
five men; his whole face with blood and his
nose was bleeding; could not whether his eye
| black. his face was so bloody,
To the District Attorney IL did not know Schaor be-
fore he came to this country he told he about
six years here he before and will BIO four
years here in May know his general character heard
the neihbors spoak Of him; heard that Schafcr
was sent ont here convict by the German government;
Mckey schaer was conscious enough to tell me that
he had given three blows and two Of them had taken e.
| feet. The Court took recess for one hour.
EVENING SESSION
Mr. Int a.
ton OF Basil Blair the handwriting Of the paper pro-
duccd Is mine; the interneations are also in my hand
think this is in the condition when tho deceased
signed it he was in dying condition and expressed his
consciousness that he dying 1t read him
after II was all written and there discrepancy
the alteration made ut his request il was about two
o'clock the day before he died.
Cross examned u went to his house two days before
him he was in dying state; then him and wrote
all but the last paragraph; he did not say anything at
that time relative to his own condition before COM
menced taking down his statement him before
commencing the paper he stated that tho whole body of
It was true there Is made 1t made before
placed my jurat to it, Blair put his mark to it, beinS
too weak to write his name.
Mr. Phillips objected to the document being given in
evidence, and submitted that dying declaration cannot
be received in the Of the State tho constitution
had abrogated the law that subject lilo referred to
the sixth section ofthe constitution of the United States
The District Attorney commended that the state of the
deceased at the time OF the declaration suicicnty
proved to show that he fully conscious Of his stua-
tion.
Mr.. Phillips and Mr. Blankman replied and submitted
that it was not shown that the deceased had any appre
hension of death at the time the justice him and
when all the declaration except the last paragraph had
been written.
The Judge said there doubt but the circum-
stances of this declaration within all the require
ments OF law. The physicians had declared that the
deceased could not live, and he had expressed his
seriousness that he dying Tho justice read it
to him ard it shows that he paid particular attention
1t when he requested the alterations to be made FIX
cepted to.
The District Attorney then read the declaration of
HnSif oil,
critical state of his life by his hyscans he made the
statement Of the circumstances under which he was
wounded. lie described the between Martins clerk
ana two men One Of the men crossed to the opposite
side of the street, and just at that time he (Bair
ceived blow on the left groin and he thought he had
been Kicked there. lie then clenchcd OF the men,
and had scufc with him and just they had crossed
the street to tho opposite he stabbed in the
left thigh His (Blairs) wife then called him into the
house. and the two men ran away lie then put his
hands into his pantaoons and found that he stabbed
he believed that Schaer and seckcnwcrter
Qhe persons then presently the two he had
referred to as having had the difficulty with Martins
clerk, and that Schafler the who stabbed him
CLAIM
Justice Mounfor to Mr. PbillipsI do not think that
there was any other statement made to me by Blair
think he was an American and the statement made
In English; MIR. Rothschild an officer by
san interpreter and he interpreted TO the accused
The District Attorney offered to read the statements
made by SchaGer and Stcckcnwerter. Dir Phillips
objected to Seckenwerters statement being given owl
dence and it was not pressed The prosecution then
morning. The District Attorney objected, and the
Court did not see any sufficient why it should be
adjourned over.
Mr. Bnnkmnn then proceeded to address the the Court
and jury on behalf OF the prisoner and submitted that the
case was not one OF murder but properly
der the second subdivision mnsaughtcr in the third
degree, or granddaughter in the fourth degree.
jacob Mayer grocer residing in Sheriff street said he
knew young schnfer, the prisoner about year and
huff; have heard nothing from other people but what
was first rate know that he contributes to the support
Of his mother
To MIR Blunt am his landlords do not know what
ship ne came in he came from Bavaria; heard nothing
of the which induced him to come to this
country he has brother in this country his father Is
also living.
Casper Quick gave the prisoner character for be-
Louis Myers, cigar maker, No 90 Sheriff street de-
posed that the general character Of the prisoner whom
he has known for two years, is very good.
Patrick Pagan carInan No 81 Sheriff street deposcd
that the prisoners general character isvery good lie
stabbed with and always paid his rent clcvery up in
Lawrence Fondrab and Philip Schmidt deposed that
Schafers conduct was good and honest The Inter.
animation dcposed that he came In the ship
with the prisoner there about $50 on board they
came with their own money; they were not trans
ported here by the government.
George Miller gave prisoners good character Conrad
Rensch derosed that he knew the prisoner, but knew
nothing against him good bad Johnnus Jung de-
posed that prisoner was an upright honest and good
1heobod schaior taor-examined by the District
Attorney depoeed Il know the prisoners his character is
always coed. Odd you go the police Office aud give
list Of witnesses who could prove that he out
convict! A-No, sir. List produced do not know
that writing did not furnish the list.
Mr.. Phillips offered in justice to the prisoner to place
his mother the stand to show the crcumt under
which he came to this country The Court said there
was no necessity
The district Attorney intimatcd, that he would feel
bound under the statement OF the deceased to coll for
conviction under the second subdivision of murder If
there any misunderstanding between the jury to
the construction Of the law on that point he would sub
init that IL could not decidedly be reduced to lesser
crime than mansaughter in the first degree,
Mr.. Phillips then summed up for the prisoner.
The District Attorney suRmed up the part OF tho
pro,cuton and the prisoners counsel submitted some
points on which they requested the Judge to charge
Judge Edwards in his charge to the jury told them
that the testimony the distinct and not cir
cumstana 1t primary rule that tho jury aust be
fiist satisfied that there homicide The medical
proves that the deceased by his death
from wound the groin, and tho only two questions for
the jury whether the prisoner inflicted that wound
ii what IL the character of the crime OF which he
Is guilty The deceased himself states that the wound
inflicted by Schaiier but the material question is
what the character that act The Judge then eu-