The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-03


ofcer Thomas R. Barton oorrobeatel last witness as
to Andng the pistol, bss their position, &C., and the
Mr. Jonas b Phillips opened the defence, and would
give history OF the transaction difference and ILL
feeling had sprung up between them arising out Of some
busness transactions The defendant continued visit
his sister occasionally and violent the prosecutor
that when he was heard coming tho defendant
for the prosecutor but hid to avoid him. as he had been
before that Pagan struck him first and beat him with
the bungtarter He accounted for his having the pistol
by saying he had 1t In neghborhood where disturb
Of frequent occurrence and he carried it
for his protection which particularly required
in his business. and had SO used Il when excited.
He called Mrs Pagan, and the District Attorney OBJ
jected to her incompetent witness but after
Argument the objection was withdrawn. The witness
exhibited good deal OF agitation when taking the
stand She deposed that her name was Mary Ann; she
the wife Of the first Witness at home on the
about eleven o'clock; had OBrien before the pis
tol fired; scarcely an hour; not aware Of his
coming the second time; did not hear the knock
not down stairs at ALL her brother after the pistol
fred and her husband had sent for the police did
not remember telling him to saying anything at
all to him. after the pistol fred she saw him
ming OUT she had on previous concealed her
brother, to avoid collisions with her husband.
The District Attorney applied as the witness had an
swered before his objection to have the stricken
out he anxious to the witness from the painful
position in which she placed between her brother
the one hana and her husband on the other.
The Court ruled that he conine himself to the
transactions of that night
Witness continued-It about fifteen minutes after
the pistol was fired she her husband she saw no
pistol in any ones hand but 0Briens her husband had
in the house the prisoner used to in sometimes
@. Have you heard your husband threaten the de-
PENDANT with violence in he found him in his house
Obected to and ruled out, except so far applies to
that night9 q. Have you MIR. Fagin
attempt to violence :? Objected to; ruling)
Mr.. Phillips would submit in case Of assault he
not entitled but where there charge of intent to
kill he had right to show the feelings well he
could by human testimony. exception taken and
noted
Re-examiped--S her brother about two minutes be-
fore the pistol fred he then down stairs in the
basement; her husband was gone out for policeman
she up stairs when her husband came I'M did hear
the pistol snapped before that; did not him put
another cap on
Toa Juror-Did not hear her brother threaten her
husband that night
Bridget Butler sworn-Lived with the prosecutor last
June servant; she in the basement when o. Bren
came; she did not him. she had seen, him in the
store Mr. Fagin knocked and she let him In she after
wards Bren in the basement, and Mr. Fagin had
bung starter in his hand
Robert Tully sworn. Was clerk with Mr. O,Brien in
June last he (Mr OBJ carried pistol for self protec-
tom rowdies round the had threatened bis fe
had heard Of his being attacked recOected his store
ing attacked he carried them before and since
with Mr.. O'Bricn the night in question; they left the
store about eleven and went get refreshmeut;
they took drink togethcr and then went to avenue O.
defendant told him he to his sister, witness
did not so into Mr. Fagn's house; he had not his hat
pulled down oy er his eyes, as stated he denied it.
Cross examincd-Had been in the country three
years; defendant had been out that evening" did not
stated that he came in and took down pistol deposi
tion shown he had not he did not know where
he took the pistol from saw Barton, the officer that
evening; spoke to him, and spoke to Fagn when he
came out. and looked at him; the caps and balls
kept in the TILL did not the prisoner take them from
there when prisoner came in he did say he had been
to Fagn's but said five men had been insulting him.
John Fitzpatrick was examined as to character. The
defendant had liquor stores and kept the pistol Tor
protection going from to the other late at night
The here suspended till to morning the
jury separating by consent and the Court adjourned
SECOND COURT.
Before Judge Beebe and Aid Sturtevant and Barr.
FORGERY.
Cornelius De Lowry gentecl and very good looking
young lad of 49, indicted forgery in the third de.
gree iDmaking and utterug check for $780, pportng
TO be signed by Rollins grothcrs stock brokers the
Bank Of the State OF New York, the I'd June last
bir Rollins proved the check forgery, and Mr.
Btardsey the payngeer proved its presentation at the
Bank by the prisoner For the defence it eontended
hands OF the resily guilty PARTIES 1t was the other
hand proved in order to show the guilty knowledge that
he had in April last presented one also forged on the
Bank of North America The jury had little faith in tho
innocence that could twice be imposed and pronounc
ed verdict of guilty but in the fourth degree only
James Ia yor. aged eighteen and Henry Mills. nine.
teen indicted for gary at stationery store No
400 Hudson street the I'D June last and stealing
Part Of the property found Mills and part in the
room occupied by Taylorin the latter wers also
burglars tools Taylor was separately tried and convict
ed. and being old offender sentenced three
years Imprisonment. Mills pleaded guilty, when the
giving Impressive admohition SAID he
compelled TO sentence bin to the State prison for two
years but from in formation in the possession Of the
court he might hope The Executive would look with
favor his 1t appeared to be his first offence,
into which he had been led by Others more adept.
GRAND LARcssY--a cHANcE FOR TuE PRISONER.
John CoDIor was convicted of stealing $40 from a
trunk in the Of John Dtchcr the third floor
in 12d street and Third in gold and silver The
prisoner found within few blocks Of the house. with
in bali hour of the sme when the money mi sed
having in pocket in his coat collar corresponding
in denominations Of the coin. and the prosecutor den
fed half dollar with hole drilled through it, and
piece Of paper within which the money wrapped
The jury without leaving their seats returned verdict
MIR G. s. Spencer applied for suspension of Judgment
ground that there had been court all the time The
Aldermen had both left the bench before this trial COM
The District Attorney said he would like to have
the point settled first because he didn't think there
son to Aldermen and thirdly to counsel who take such
unprofessional objection without doing at first Mr.
Spencer defended his position. Judgment suspended
accordingly
PLEADED GuiLTY--rALsE PRETEScEs.
John J. RUSSELL who was lately brought from Pennsy
yann, on requson charged with obtaining goods from
Messrs Van Buren, Jaeger. of Liberty street pleaded
guilty and the District Attorney requested the plea
might be recorded and judgment suspended till the
plainants could be Much observation had been
made lately this class Of cases. and he wished to
have the before the court demanded accordingly
The has been lately fully stated in police nte
gence.
ACQUITTED
Honora johnson, charged with larceny and Michael
Feeny with carrying sung shot severaly acqut
ted the District Attorney abandoning the prosecution
Adjourned till to morrow.
New York Horticultural Society.
The regular monthly meeting Of the above society
held in their room at the Stuyvesant Institute yes
terday evening 1t was very we'll attended At eight
o'clock the appointed hour noticed Mr. Groshon Mr.
Maynard, Mr. Bridgeman, Mr. Maxwell, Mr. Meade, Mr..
0ak and 9TH r;vox