New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-12-03

4 Information for entering dwelling in the night
oney etc was found guilty on both cbarges-the jury
having left their seats The prisoner took the verdict
cry kindly and seemed to look upon his conviction as
latter of course. y.- IB
TRIAL FOR MuRDEK.-Michael Clarke was put q
his trial yesterday for the murder of John oRourke
n the 4h Of June last Nv
The aaayit charged that the deceased went into the
ousa Of accused Magazine street. where, having
used to 20 when ordered the accused beat him with
stick upon the head and Sides causing his death in
ew minutes. |
The prisoner not having employed counsel the Court
equesed A. p Field. Esq, to defend him MI Field de-
lined saving that he had defended accused before the
recorder without any fee, and that compensation
rendered him for his services in the case ne
already informed the friends of accused that he could
not defend him. The Court then appointed MI Tappan
md as apl m sne
ra said that his witnesses not ready and request
ed that the trial be to another day
summoned according to law and the trial must be
proceeded with
Deputy Coroner Loze the State proved that the de-
had bruises in his head and body sufficient
TO produce death.
Dr. Leon sworn-Was called to attend deceased; he
had bruises on his and body the wound his head
was clean cut it might have been inflicted with stick
have been caused BY fall had treated the man three
or four months before he subject to epilepsy aud
Of health which he in false step or
sudden jerk might have killed him.
-Concussion of the brain have been
produced by shake of the body by blow, and by
causes when witness called to see deceased he
q
symptom of epilepsy the wound upon the head Of de-
ceased flesh wound; there was no fracture admin.
sered medicine to deceased several months before ana
gave him up as incurable; there extravasation of
blood the brain of deceased there was about
spoonful of blood upon the brain the wound the head
of Rourke might or might have produced the death
healthy the frothing Of the mouth observed
O'Rourke might have been produced by epilepsy by a
blow OF by passion did say that othing at the mouth
might be produced by epilepsy by blow, by passion
frothing at the mouth might be produced by
that jars the system knew frothing at the mouth
rhe Court here said reference to the strange testi
mony of the witness take it the more you
examine him the more youn be involved 'i 'ss
- Ernest called Was present when tho homicide
took place. accused strike deceased with the edge Of
board. TThe counsel for the defence R H. MARI ESD
objected to testimony the ground that the indict
charged the killing to have been done with stick
The court overruled the objection the Judge SAID tnat
he could not determine where board commences or
stick ends 1--WE would suggest that board commences at
one end and that stick ends likewise 1t was inmate
whether the killing caused by blow froma slick
or from a board
his house when deceased failed to do so accused
beat him with the board the deceased fell over barrel
and continued to beat him deceased bed prous
y told accused not to beat the man and he REPLIED LII
you come in here Eli thrash you too
Captain Ferno of the First District Police sworn-Ar-
rested accused Phppa street had to break open
the door Of the house get him asked him who he
he said he was man asked him his name ne an
it. Riley and that ne hvea d ss
| in pursuit of the accused during that time.
DR. Davezac sworn-Held the post mortem examination
terror part the head there suusion of blood IN
the brain but extrayasation the wound would not
have produced death in healthy man. but in man dis
eased it would the wound the head such as might
produced by stick and was confused wound
the attention of witness was more u
the wound the head did not examine whether there
the body there was water on the brain
water the brain is generally produced BY disease
might be produced by blow but in the short time thu
lived the blow the blow could not have
duced the water upon the brain water the brair
slow in accommodating; there injury to the brair
| whip could ne CODSlus
that the blow inflicted could have produced death in
healthy suject the death of deceased might nave
have been occasioned by the blow IN the
time during which deceased lived after the blow does
not think that under ordinary circumstances the bio"
could have produced death where death produced by
blow frothng at the mouth does not usually ensne th'
accused from his state OF hean mGnt naFe ueo iro
fall or any violent conclusion
j. H. Wilson sworn-saw o. O'Rourke on the day on which
he died saw Clarke the accused, lead O'Rourke along
the street he bleeding very little; he looked like
man who INTOXICATED, and appears as II ne would
fall ORourke an hour afterwards and ne appeared
Elizabeth Teuks sworn-Was standing on the gallery
an adjoining house. and saw deceased go into Clarke
yard Mrs Clarke struck at deceased Mr. Clarke ther
came in took stick struck at Mrs Clarke and ther
struck deceased, who shouted murder; she. told MT
not to strike aoss
and prevented Mr. Clarke from striking deceased CiarK
with big s 5 oow o%
tinued to strike him deceased was not able to get up
= some lifted him up.
Mr. Clarke ORourke sitting on the steps in the yard
Clarke told him to out the man got up and trs
to go out he caught hold of clothes llne and Cark
struck him and knocked him down into wash tub
Clarke then took chair, and struck deceased while
lying in the wash tub saw blood on deceased ana
blows with POLE deceased took the pole away roI
him. Clarke in striking with the pole held it in bot
: hands the pole was about ten feet long
II Mary Ann Tresk called.-Was present at the tin
oRourke was beaten by Clarke; oKourke came into II
yard aud sat the steps, Clarke gave him kie
and he nm. ar
back; O'Rourke fell backwards into tub, and Carf
continued to beat him saw come into the var
y he appeared to be sick had frequently him sbo
l. the streets and he appeared to be in feeble state
health saw him after he was beaten by Clarke and
~ was dead
III David Hagart, for the defence, sworn-iieard moi
gn and looked into Carkes saw u. m @
yard said to Clarke Go out of the yard yor
NJ self for have business in the yard " Clarke told
ceased six times out OF the yard and deceas
replied Clarke did not let him alone he would kno
head Clarke then took the clothes pole and stru
deceased with the shoulder and head the hat Of
ceased fell of when lie struck; deceased cried
that he had enough and witness feeling pity for the
4 went away; deceased stranger in the house,
hsy Mrs Hapart, wife OF the previous Witness sworn
on. Heard in the yard and went out to see what
the the natter deceased sitting down and heard
Clarke tell him to go out of the yard Rourke looked
~ if he drunk and did not go directed Mr.. Ga
then in and struck him the top OF the heac
60 chair when witness blood flowing from the hea
deceased she left the house deceased had faen pack
Ma a wash tub, and u German came In and hefped
Stl 4, yet nm
al
aud lne Sout he,e s.essn.e .s.;... -. f,.s.a
Mr. District Attorney Dunn addressed the jury
rrt of tba He coutepded in the cuur
hing r. - sst thot tba common sense v;ew which
iury would take of the case, should have weight
them than the speculative opinions Of scientific
et further urged that the deceased was old ma
feeble health, the blows inflicted on him hasteped
DEATH and that the same injuries that would cause
in case of this kind would not have the effect
man of robust constitution, o1 ~
Mr. Tappan for the defence, dwelt particularly on
testimony of DR. Davezac tending to establish tbs
ch that ths deceased sa o. ,s
nh serious In their consequences than they would osss