The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-23
The Double Murder at Kinderkamack, n. ].
THAI OF william eating, for the Murder Of
Mary and Daniel OsBricn.

T5iai Of William eating, FOR tho Murder of
Mary and Daniel O,Bricn.
COURT OF OYER AND rERxINxR.
Before Chief Justice Greene
HAcKENsAcK, April 2l, 1868.
NTDENCT DEFENCE
On the reassemblng Of the court Mr. Bradley proceed.
ed TO examine witnesses for the defence.
Timothy 0'Brien examined by the prisoner 4
counsel.-Q. Did the man ever ash for this Ysoney n
A. Yes two three weeks before he killed my daughter
he asked for the money but refused to give II to
him. saying II too bad for him to ask for what he had
given he had been boarding with ,or the two
years, and never gave any money except that which
was in the Savings Bank; when he gave the money
told him would take OF him long - he wished
to stay with me- he afterwards asked the money
and the above night he made such noise that said
to him thas II he would with me would get the
money out for him. he would leave and never again
two TO New York and that it would do for to TO-
told him that would not give him the money unless he
would leave me- this the day before he killed the
dirty that he had to bury them in pitt he was
not clean about his person witness told him to keep
and told him SO in the middle Of November last nen he
spoke to him be did not remember what he said wit
got mad at him. and said he should leave him; he
time he asked for it, he then said that he did not wish
witness to speak about it. and he did this he
good deal be spoke to him about the money he did
not speak ON that subject again; could not tell
whether he was frightened not; the little girl
was near eleven years old; did not observe any
thing unusual in his conduct; he very cross
when witness said he would not give him the mo-
the night before he killed the children he said he was
glad that he did NOT 80 10 New York to get out the
money, he would stand to what he said and live with
witness and leave him the money; he reconced in
his mind for two three days before the murder saw
him the day he was sent to jail by the Coroner and
becau:e witness would not give him his money the wit
ness then asked the prisoner If he did he would
have good days work done for him. he answered and
said that he had aud willing to die for it, the night
before the murder he into wir esss room passed
through and then went down stairs the way he came to
eating and him coming from work one night, when
ne said to him, Tim, want to speak word to you;'
be then said that be was getting Old and wanted witness
hold Of him and said that If he mentioned that
proposition again. they should part he then began to
scoid him. and he promised not to speak the subject
Jacob Quackenbush deposed that he knew the prisoner
he had worked for him. and he thought he the first
one who employed him after he from Ireland: he
gave him six d~ars month"; he left him because he had
black man with whom be could not agree he told wit.
that his for leaving because the negro
used to jaw him good DEAL and he afraid that he
would be tempted to do something that would not be
very good he was extremely quiet at the time this
in 1851 he lived with witness for about three months in
the spring of 1862; witness noticed change in his ap-
pearance durr the time he with him; one tme he
n
dolla, he was very angry about it, the prisoner was
pretty fair worker and did his business well behind
his back before him. he was generally silent but talk
cd and joked little sometimes did not him angry at
any other time.
John Johnson being duly sworn deposed that he knew
the Monday before the Friday Of the fatal occurrence
and he appeared not be perfectly satisfied with
never told any one that eating w.sot right in his mind
- Bogart, ceposeA that he knew eating for the last
three years he worked for him, but he gave him
any money for his work; there money which
D. Smith gave to him $2b 25 which he spent that
ing; neither eating anybody else asked him for the
money; asked What he going to do with It, he
that xSe he S: not s
he had eighteen dollars and wanted jacob to advance
him two in order to put twenty in the savings bank he
also said he left him because he did not want to kill
Jacobs rigger
DR.. Horace Norton, Of Newark, being duly sworn,
deposed that he has practised seven years. has given
his attention to the subject OF diseases Of the mind has
heard all the evidence OF the case he is satisfied that
the prisoner is not endowed with the usual amount of
intellect; he, in his opinion was imbecie when he
Mr.. Zabriske counsel for the prosecution rose and
said that he objected to the examination of Dr. Norton
tie ground that his examination scientific for
an unlearned jury to understand.
Chief Justice Greene then rose and said that it was
not necessary for physician to give evidence in such
that lie concluded by requesting Mr. Zabriske
TO withdraw his motion.
The examination then continued, From his living
in Ireland with Tins father for no compensation aud
not taking any part with his companions while enjoying
them Selves his working for Smith, and giving away
present TO man he did not know, and desire that no
might be killed else he would kill himself his proposal
to marry the child only eleven years old impressed the
witness that the prisoner was emoecle be appears to
have lived by motive and not TO be influenced by motive
other men are the pris oner seemed to him to lack
what he considered a sound mind.
Cross-examined by Mr. Zabriskie-The facts elicite
before him that day enough, in his opinion
establish the fact OF his having but diminished quantity
of intellect.
O. Can you tell me whether anger is an impulse or
not?
A. do not wish to answer that question.
O. Aie not most persons moved to anger by some
or sense OF wrong done TO them? A. Yes.
q Them you tell me whether he capableof dis
tipguishing the difference between right and wronsa
A. wonld like to leave that question to the Court.
The examination then continued He thought that
when be intended to commit the murder he ought have
known the enormity Of the crime.
Then, DO you, from what you have SEEN think that
he is capable Of distinguishing the difference between
DR. Carle then testified that the prisoner in his opi
nion capable OF knowing the diIerence between
right and wrong He had not the head of Webster
he capable Of taking the place of the gentleman at
that makes man responsible for his actions.
The evidence both sides here closed and the Court
adjourned until 0 o'clock the next morning
SECOND DAY, ,r
The court met pursuant to adjournment at o clock
when the names of the jurors were called each
swering to his name. .a
Mr. Zabriskie counsel for the prosecution then sub.
mited some authorities to the court defining insanity
Mr. Bradley then summed mp the evidence for the de,
fence They came there not for the purpose OF
ment to show their skill in the management of causes
they cane there for an important object The counsel
for the pr entered their duty in order that JUS
tce might be done and that the innocent should suffer
with the guilty 1t in order to bring those facts
which may tend to serve the prisoner we'll to
denim him, that he filed the situation he then held. If
he did not commit the murder it would be highly wrong
to convict him. 1t solemn to the trial Of
murderer of those great features Of their in
to make the best search for evidence that
the prisoner. 1t beautiful feature, for
the jury did not know the moment when one OF them
might be accused, rghtfully wrongfulH 1t was not
necessary for him 10 urge any further
cept to Danish from their minds thing like bias pre-
judice They should look upon the IL they had
rot heard body saying anything about the
He would not ask them to deviae from the OF
tbeir conscience in the matter They should listen
to the charge OF the court with patience. In such
cause as the one before them there for
senting; It was not place where there
for bassed opinions The objects FOR punishment aud
Trial in human society, on man BY man, were multi
10 M There were more objects than one to he attain
ed, the first and great to deter others from
q like offence: tks second, which also great
one, and second only to the first in Importance,
was to yindicaie outraged justice and law in other
words TO visit man with his deserts The injured in.
censed parties would If not for this law take the law