The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-27

How long was before your brothers arrest that you
heard o. the murder
witness here got sulsn and obstinate and refused to
answer
The Court remr ded him that It not for him to de-
eide upon the propristy ~ questions asked.
A. not certain that heard OF the muroe bsfore
my brothers. arrest @ What time did your brother go
to bed on the night in question: About nine O'Clock
O. DID you al ep with him on that niaht No; slept
with NJ wife; he slept IN the same room with me; we
had but room. At what time did you go to bed
that nght2 A. At eight Mint O'Clock @ How do you
know what time ii wasS A. Be,ause had timepiece Ia
pocket do not know Mr. Buddsnan; my business Is
driving q cart for Storms Smith Co., and live at As
with your Ever since have been living there; have
lived there for almost eight onhs my brother has lived
with me about three months.
Mrs William Anderson sworn am the wife OF William
Andersen. the last Witness rscollsct the time when
Anderson ted he at my house he went to
bed the night fsrred to at about nine o'clock went
to bed afterwards. and got alb ut six in the morning
Anna Rehar6son sworn-I live At No 46 Thomas street;
IL is cot age hou and reside in one of the ,ooms
recolle, the time when Anderson arrested | was
standing by the gate on Sunday evening between eight
and nine clock.
remember the Sunday night when the murder COM
init ed saw Anderson at the gate about nine O'CLOCK,
went into the houe when heard he arrested said
1T can't be- for how could he do such thing when he
wax he and in beo'
Christina Johnston svorn-I live at &c Thomas street
Woosen Anderson arrested on Monday heard of
the arrest the same day il was before dark @ Was it
can't tell Q Has any body been to you about this
case. Witness with great hestaton), nobody at all
40" CID tins gentleman as counsel 10. to ds'en
seen him before Icon't know where him, l
think at 40 Thomas street don't know what month it
was.
Mr. Budderman recalled %. How long had you known
the Pserers am positive that be was in nay store
about clock the night that the murder took
place am positive that it eight o'clock won't
swear that it was later than that
To tie District Attorney am that it after
the lamps lit might have William Anderson
before.
The Judge then delivered his charge He said
GENTLEMEN JuRYThe prisoner a. the bar is in.
dicted for the crime of mu DER The public
however contends that the facts in this would
rant verdict Of granddaughter IN the drst degree II the
prisoner engaged in riot that is defined to be any
tunutuous disturbance OF the public by three
sous more deporting themselves in such manner as
to endanger the public peace and excite terror and alarm
The District Attorney contends that ii riot. The
question before you then gentlemen, is, whether the
proof has shown that the parties assembled the night
when this took place engaged in the
mission Of riot If the prisoner at the bar was among
caused the death Of the deceased II 20 he is guilty of
granddaughter in the first degree II you do not believe
however that the prisoner at the bar engaged in
riot at the tme the homicide must be Of different char
acter The only other definition which apply to this
is that Of manaushter in the fourth degree The
que tior ths arises whether ne prisoner ut the bar Is
the real party who committed the deed The pro-t
the part of the prosecution consists in the ede of the
you ng Davis OF who's. character wa know nothing
and cblc ed TO judge him he has appeared here
He seems to be youth Of nte and appears to be
of that age when men are more oes-rvant and
is bow far he is to be considered reliable H. says that
ne faw Brennagan running and the prisoner knock
him down he also the face OF the parsusr and he
that it that OF the prisoner at tbs bar. He
says thai he hS6 known him before, and that he
familiar with his connie This, and that Of Mr. Bud
deman the principal testimony the part of the pro
secuticn The defence contends that tho pris
not the of the the night ques
ton Tie witnesses living the bouse where the prisoner
at the bar resi- that he in the house at the
time that he took place. It is very easy
fabiicate story to show that the PAT ty accused
could not have been at the place There Ia no difficulty
in making such story and alb, therefore is always to
be vie we'd with suspicion William Anderson brother of
the prisoner when first examined said that the prisoner
went to bed at eight E1a O'clock and after wards
tradicted himself and ultimately renewed the story
which he had 6sst given Mrs. Richa rdsoa and Mrs.
Green that they the prisoner the night of the
hon cde and Mrs Green further that she heard OF
the Of the prisoner the Tuesday succeeding the
Sunday when the prisoner the premises where
lived is for you to reconcile these discrepancies and
for 10 to the conclusion whether the prisoner
at the bar not the person who struck the de-
ceased, and from which wound death eDsued 1t Is fer
you 70 whether this Is Of slaughter 10 the
first or fourth degrees.
The jury retired, and remained ont for rather
than hour, and, their returr rendered verdict Of
maEsaughter in the fourth degree.
The Court then sentenced the prisoner to two years.
hard labor in the State Prison.