The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-09
L GAL AFT AIR S



charged with the murder OF John Heavy, In bassment
at "A Catherine street. stsbDing him with knife under
tn right arm, on the Sd of May last
After como challenges the part Of the prisoner and
the interposed ana each juror being in
terIogated as to his competency ana to having
conscientious scrupes against capital punishment. the
following
2 Chas. L stIaDg. s. Thomas shannon.
3. Henry Kester o Geo. Howard
e. George Cosey. 10. James Barry.
g. John Cook Ii Joseph Graham.
@ Etasrd Boynton. IL Alexander Read.
The prisoner, who il thirtytwo years Of age and .
native OF LELAND, was then gwen in charge
The District Attorney to state the case for
the prosecution. He said =
In opening this case gentlemen Of the jury will be
brief in stating the character of the charge
panneed to rry The prisoner at the bar ia charged
with the murder of Johl Heavy perpetrsted in this CITY,
ON the third OF May ABOUT O'Clock in the after
noon of that day &C the uane "A Ca,her ne street The
circumstances under which this alleged offence took
place Mccormick, hs prisoner, and Heavy the de
basement of ~ Catherine reet and that day on
what is vugaTiy called spree. lie was engaged III
dispute a. the corner of Henry Sd Catherine streets
With this, however, Heavy had nothing TO do. The
parties were separated and McUorraok went into
q liquor sto;e Kept by person of the name OF
steele. He (Mooormick) was turbulent aud
Mr. Steele called for the poc after they came they
deavoreo 10 persuade HIN return nome Heavy also
eDdeevored to persuade him TO homs acme difficulty
epsued between Mccormick and his relatives at last they
succeeded bringing him his basement; after he
got there OF officers who had accompanied hin,
saw there Al CoralcS tbs prisoner, Heavy
the d. &C a,ed The widow Of I'll. .eceascd and female ~
the OF johanna and by the name OF Nicnosi
Mccormick again endeavoFed TO 70 out, AMI Heavy a..
tempted him. be lhers drewa kaife caled
and wisl out the slightest grounds no stab
bed Heavy under the right srmpit; alter that the
deceascd exclaimed Il am DONE Mccormick then
lett the basement, and sent up stsirs as he passed
the next house some soung men were standing
the stoop having come dcrn stairs on account
Of the noise, thinking there was : nrs shsy say
them In the face and saio Halo boys he then went
back to Mr. steees store immediately after his passing
the proceeded TOWARDS the cellar they then two
woman, Mrs Heavy and Johanna, running out OF the
cellar and aiming MURDER tnsy to the door
and Heavy still standog but covered with blood
person standing by Heavy trying to lay him
his bac said that he would 20 for the doctor
Mrs Heav, gone this of the police who
had been endsavoripg to prevent McCcrmck's coming
out, turned back immediately; Mccormick had however
passed aud vent to stele's and called for glass of
beer Nrs Heavy called cut that Mccormick had muf-
dered her husband. The officer met Mccormick and
arrested him and brought him back to steelc's
house. Mrs. Heavy then said search him. the officer
then searched him ana in hi right nand pocket ths
knife found bloody sIs Heavy brought 20 she
station house and before she ftutnod her husband was
dead and for the comissep " hat craze TIE prisoner
stands charged before you In to' state all homicides
not justhabia shall b. accounted murder whep perpe
trated from preuedi deA'gu; secondly,
nitted by sct iUmAlently dangerous to oti,s1s
evincipg dspraved MIND 90 other Of these
charges being proven am bound ASK the conviction
OF this unfortunate Chs pra,uIpes all n1lai-
eides to be malicious until the contrary proven, the
buhen OF proof resting ~ the p,rt, committing It. 10
show that 1t alternative You All the s,deecs
In this gsnr-men END after IN testimony botn
sides, you will pass your verdict
John Ives Coroner OF ths city examined by the District
AttorneyDepcsed THAI ha held Inquest on the BODY
OF John Heavy ON the 4th ana Stn a. Asy last knife
given that occasion. thi7 produced IS
the one, got it from the officer do not reme Der the
precise age Of the deceased, hs WAS about -.
Doctor Ide -Deposed that he held pos' mptea exs-
ERation of the body OF Jons Heavy the result of the
examination that found ,ncieea wound on tue
anterior and iUDer side Of tba right just below the
pit; tie wound insh and qn.rter long and
two In depth extending down. anu inwsrdsth.t Is
obbquey the racing tbs wound
found the brachiel artery divided the up, we're
pale, and the internal organs bo)dlsss, is t1e
generally in of heniorrnage Tho clothes
cut and saturated with blood the csss OF death wa he
morrhage there nothing in rnaSster Of The wound
to determine the description IT the instrument it
such wound might be inflicted by the snife nov pro-
duced Ia Jack knifel the blor b9an given
from the tight eide the person WHO inflicted 1t being in
front Of the deceased
struck the blow stood directly IL float of the deceased ne
must have been left handed man the bow might hago
been inflicted by the right baud " the pesson stood ~
little to the right side did he brain the
abdomen ard thorax perfectly satisfactory as 10 the
of death could not tell If The deceased had been
drinking
Chester Weld. OF the Seventh ward. police -Dspased
was on duty on The evening III question, lesrd
NO disturbance until I was called. a ~ nsieman
running up Ia and officer hyter and down
TO Stcele's rlsoc the Catherine street
found collection OF persons here unie noisy we vent
into the house; one pointed out Mccormick a. cue
that bad been tghtirg; bio face some~ nat chei
and bloody his clothes aesngcd he nad no coat On
at the time; asked who gong to Ike tn charge
and some replicd-"ke one; thst they Were all bro
theirs and sisters together dom recoset seeing Heavy
there; there was quite q crowd McJormicS Went ous,
and witness him home to rne basement of ~ Oans
rine street; he attempted 10 OUT again and uyer
told him If be did he would take MIN 20 the station
house, remained there while hslef went for the Fourth
ward police, rs 1t was not on bsa say some one
en- the steps (air Heavy undrrstoodl wac told hc
Cor,nick he up; hrl aa hold Of dcorInck
L
back, and when l got 10 tn corner heard rome
one cry out rsurd-r:5 stepped ba aao had not %.
quite to the bottom Of the steps when saw the mAn
bleeding from the arm and other hlvtng ho
OF him; sent some one for doctor aad commenced
ringing the alarm rattle the that hsi hold Of Heayy
LAID him down; Mrs Heavy 40 70 IN the street
and sad there's the man (pontug 20 AcJormck) that
Murdered iy husband laid hold st Mccormick aud
asked her that the she said SAID sae
should to the station Nous. tc uake the charge;
she felt nd ut leaving her husband Ia state, mt
said che would come to make the chsrse' Mira Heavy
told me TO loos ont rCr knife hat he 1ad seafcheb
him in the station house, and found knife IN his right
hand pocket IL was bloody; gave the snfe 60 che cap
tain end get 1T from him Dorung AID gave &c to
the Coroner; went back the cellar With Mrs Heavy
fiom The station house her bu& b3Do then dead
saw the body lying there
Cross Examined by Mr. r.. Morris
William CluI, who lived. IN Stay lat az AZ Csthacias
street rext coor to where was killed exqm,ued
by the ID tIict Attorney. depo..d That he heard q
noise and thought IL was fire. he ran do IN towards
Stetes, and large cowa collected the police
take Mccormick away in his shire sleeves; witness
loitered while the stoop Of No AZ With two fslox
DthIueIti tHe iHine notce was
saw Mccormick passing fom the direction of the base
ment 10 the best Of my kDowedge he hsd his coat on
when be got shead OF me he said " Halo boysn am
sure that was Mccormick; took NO notice, and ne
passed on towards 5,eee's; then two rush
up out OF tho cellar and cry Irurier; rushed of the
stoop and went into the cellar; q bleeding
and his zig hit arm cut; holtozed watch;' officer
came down and said put the on his ba,k," aud
then went of for DOCTOR called Doctor passnore,
and returned; it couldn't have been than three
quarters of minute from the time Mccormick passed
saying halo boys until saw the women come out
screaming; those women were Mrs Heavy AMI Mrs Nc
Cormick.
Cross examined by MIR. MorTs.
Theodore Doxip called and examined by Mr.. Blunt
boarded at No "A Catherine street Ut the time Of this
with William CuH the stoop was At
tho of uepry and Catherine streets Gro I'd
there, but nothing more; left t 'mmedt ely aud weoG
back to tho Steep while the so,p officer log
ing McCo lex into The house he not more than Two
minutes inside when be out he passed hs said
'Hallo. beyr;r a 81 the cellar aud
cried on. Murder! oh my husband believe II vas Mira
Trri,t Mr. NJ IN