The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15
Court OF General Sessions

Court Of General Sessions.
Before Judge Beebc and Aldermen Wesley Smith and
Bard
CHARGE OF Observation-Disclosures + THE hoy
KILLED IN MDCER sTREET-TRIAL AND CONyIC-
TON OF THE ACCUSED.
Edward Corrcgan, who placed on his trial and APP
peared accompanied by his wife and two children,
placed at the bar charged with granddaughter In the first
degree, in causing the death of young coored boy
John Stone The circumstances stated by the Dis
trict Attorneys assistant Mr. A. O. Hall must DO fresh in
the recollection of many of readers The prisoner
had thrown piece Of wood stick from window in
Mercer street. rear Of the National Hotelhe being
ployed as Waterman there-whch had struck and killed
the deceased The learned gentleman then proceeded 10
define the law Of mansaughter, defined by Revised
Statutes. and called the following Witnesses
Elizabeth Murray called and sworn.-Resided in tho
second story Mercer street side St Nicholas
Hotel the urrence; looking out of my win
dow, aud this prisoner, -. had been throwing down
pieces Of rubbish from the third story had stated
before the Coronrs Jury that 1t the second story
but recolected herself better and had since been to
look the little boy was standing foot two OF the
idewalk picking up these pieces heard person haoo
look cut you'll get your brains Knocked out;' this
halloo from window the things thrown
FROM soon she heard tho voice saw tho wood coming
down two pieces struck the child the left side
Of the head and knocked him down to brckbat
that lying there's gentleman coming from Mr. Phil.
lips opposite picked up the child and cried out to the
msn in the window, You've killed this boy;'' il
before the boys father came and the boys head
bcd considerably: the prisoner down with a basket
Of rubbish, and had gone up the stoop again when
Of the bosses said pointing to the father There ho
goes with the childyou had better go and what is 10
be done
Q-Have you seen the prisoner at the window be-
fore,
Mr. c. s. Spencer for the defence. objected He CON
tended they ought TO conne the inquiry to this ransac
ton.
Mr.. Hail. OF the other hand wished to show, by pre-
yous conduct that the defendant had been guilty Of
act, which, contemplating mischief unfortunately,
would amount to manslaughtcr objection overruled
and exception noted as TO all testimony on the same
point.)
witness.-I had looked up bcfoS at him, and so !
knew him. after the boy struck went out into the
street; did not zee the stick that struck him.
Cross-cxamined--Thc boy ut tbs time standing
in Mercer street. witness the next house to the Saint
Nicholas hotel it side with the St Nicholas
hotel she wasooking out of her window; only her head
and neck out of tho window the second story;
there only windows that story and her head
and neck out OF the nearest to the hotel IL
between and eight clock in the morning. (Thc st
Nicholas hotel here admitted to be all built up five
stories high Of brick and mortar) The stuff thrown
out window her house. but above the
next story; there stone stoop couldn't tell how
broad the stuff did not fall it. but the side
walk and into the street; did not know Carrgan
personally at all; there were good many men
going in there; never saw but two men carry
stuff out, and have but throwing IL out.
Add sec the person who threw this! Whom she
heard tue cry you will have your brains knocked out
il was in a moment of time the boy was struck! Tho
voice and the throwing together Of she didn't
see him.: had heard the prisoner speaking several times
to the children there could not TO his voice IN
distinction to those ofsl the other workInen.
Mary jackson young colorcd girl fourteen years Of
ageived at OF Mercer street was out with the eceaed
picking chips; looked up at the window and heard the
prisoner say look OUT you'll get your brains knocked
out at the time he haloo he threw the wood and
Of the sticks struck this boy the head he Oft
the Eeidc walk in the street; witness far from him,
as (she pointed out the distance Of six eight fsct
there wero five Of them there the dcceaseds sister,
was quite sure the prisoner was the that threw from
the the window, and whom she heard speak.
Cross oxnmired-Iiad never spoken to that man be-
fore had picked up chips two three times there
before wa; on the sidewalk at the time the wood was
WD frpm no ST. hpT w N q
stun on the sidewalk there had been, and they had
picked it a up came from the third story witness
was not SO far from Mrs Murray's house, from the
stand TO the Judges seat; the boys name was John
stone he DOING nothing when the stick struck him
nothing Of the person who threw II but his head
saw but one man lie had II out only long enough to
throw he threw the stud out from his arms believed
he had cap on, and WAS In his shirt sleeves
before the Coroners jury the prisoner pon.ed out
to her as the man Who threw the rubbish ont; would
have known him by his looks she had seen him any
where ofthe sticks they picked up were long aud
some short; they took that might be FIVE feet long,
the witness had been to school, ana could read
Dr. Henry :. Downs dcposed he was called to attend
deceased at The house of his father Lewis stone los
Grand street found his skull fractured the left hm
sidc ATTENDED him for two weeks he died from the injury
TO tho brain in consequence Of the fracture
John Moecher sworn--Was passing ut the time; saw
bunch Of sticks come down; four or five children were
there gathering them up; them hit the little coor,d
boy and no FELL could not tell how many sticks there
were; there from TO four feet long, they
were about inch and quarter an oighth square;
pieces that sawed of from door frames and ouch
things
Cross c1oinned--aw the sticks came from the thisd
floor above the hascment two there. but could
not tell whether both which, threw them; did
not think such u stick could kill any one: should Judge
the boy hi. by the end of by the way they
down did not notice the little girl last sworn; all the
chdion in the read little way from the stone;
could not say they were engaged in picking up chips at
that moment; heard no caution or warning given
Charles Bazin called Lived opposite ride Of Mercer
street; knew the prisoner long he had been Gnu
poyed In the building; about year.
V-Ilave you ever seen the prisoner at that WINDOW
Mr. Spcnccr--Do you mean now 10 prove any o'hor
acts than those con ncctcd with this case
SIR. Han did mean prove the previous acts t. show
the intent.
Tho Court had before ruled on this point and counscs
exception noted.
Al have sccn him sometimes throw slavings ont on
other mornings had seen him throw thcm out when
pcnoDs passing
Q-Dayc you noticed what be dill Al, erwarls Or his
manner!
Objected and ruled out, the Judge saving Ia, we're
throwing out Of fhavngs would not be y fact TO show
,egligcnce presumed mischief.
ASaw the little boy little Willie before lac was hit;
aw prisoner carrying shavings down in basket that
morning after the boy was hit and before, too, few
minutes before.