The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-28
The Rape ana Murder of Catharlne Quia
mt Jamaica, Long Island.

M'CoY AND DUFFY LIBERATED FROM custom
CHARGE DISMISSED BY THE MAGISTRATES-ExC.
MENr AND GREAT SURPRISE MANIFESTED BY
CITIZENS OF THE vIELAGE-wRITTEN OPINION
THE COURT.
Before John s. and Abraham Snedeker.
SEVENTH DAY.
Yesterday, the Court resumed its. session in the
pending against Michael Mccoy and James Duffy. cha
with the murder of Catharine Qugley for the purpo
hearing argument of counsel on the evidence prodr
duplicating the accused parties in the crime
Mr. Vessels. Smith, counsel for the defendants SIM,
up In very able and eloquent manner During hi J
marks he referred to the different portions of Inc y
mony, which went to show that the crime alleged to
been perpetrated by Mccoy and Duffy could not have
done by them for the want of sufficient time as the
eence proved Them near the village at the time [
were supposed 10 be near Mr. Denton's pond. Mr. SD
addressed the Courtfor upwards of two hours.
Mr.. Hidden, prosecuting attorney summed the ca
ON The part ofhe people. His remarks were applied
cipay to the theory that the two men seen In the 4
by Nh. and Mrs. JONES' the men, beyond a pread
ture who committed the murder, andthat the genera
peasance OF these corresponded with that of the
soners Mccoy and DuiiJ-the discrepancy in the st|
ments made by the two prisoners together with their
ing on the road at that particular time and alleging
passed the girl yet no one else saw the deceased al
passing Mr. lentons pound, was there any other
men seen or the road by any other person. at or all
that particular time-that they were not the men n
could they hey The learned counsel then in yery Il
manner, referred to all the other important parts Of
detain the prisoners fer the judgment of the grand no
of the county, in his opinion there was enough te
mony exhibited showing good probable to susI
the prisoners to be guilty Of the crime imputed to tn
Mr.. adden spoke for upwards Of hour and was list
oil to With marked attenti by tho court and crow
court ROOM AT the conclusion Of the summing up,
Court said they would take recess of one hour TO ems
them to make up their judgment.
During the recest considerable excitement exif
among The people, and many OPTIONS expressed to
decision OF the court. The majority of opinion went
the holding of the prisoners and such it was antcpa
would be the judgment of the magistrates.
AT near Eve o'clock the Kurt thrown open, 4
anxiety TO ascertain the result. The prisoners "
brought into court and took their seats, when Jus
John s. Snedeker rose aud rema keu that an opinion
been written out by himself irrespective of his ssoc;
and that he found he had met the views of his associ
who had concurred in the judgment he was about to
nounce The justice requested the two prisoners to St
up while he read the opinion of the court follows
OPINION OF JUSTICE JOHN $. sNEDRKER IN TEE Cd
OF DUFFY AND M'COY.
Duffy and McCoy-iou have undergone searching q
most minute examination, upon charge Of being
murdertrs of one Catharne Qugley you have had III
this examination the aid and assistance of able and
Tented COUNSEL one OF the first in the legal profession;
has conducted your case throughout with that abb
which, upon all occasions, characteristics him in the
arge OF his professional dutes he has been uatrin
bis exertons to establish your innocence and while
has thus labored TO establish it, he at the time
generously allowed the able aud talented counsel
part of the people every reasonable opportunity to def
your guilt II any existed. The magistrates, trust h
acted fairly and mpartiay in tie discharge of their
ties Tor myself, freely and frankly acknowledge thu
entered upon this examination with fixed determinat
TO detect and detan you II guilty, and to acqut yo
innocent In approaching the consideration Of your c
the III ng he determined is the fact as to whet
M offence has been committed not This fact, HI
ever appears evident from the testimony of John D. ST
ton and George II. Nissan, the two medical men
were aud examined in relation thereto, From
testimony Of these gentlemen it appears that the
son of the deceased, the victim Of the crime laid
your charge, violated in the most barbarous and
human manner and that after the preparation Of
Outrage upon her. and when in a state of nsensibil
thrown into the wafer and there persisted 1t will
be seen at an offence has been committed and that
mott unfortunate girl expei fenced, as 1t were a dou
death and in view Of such fact 1t ia but lust and ri
mat The peipeator or perpe OF this crime shot
receive What they richly deserve the inction Of II
punishment which our most wise and sAlutary laws hi
prescln.d for tenees OF such character Having deE
mined The met that an offence has been committed,
nest question which presents itself for consideration
one q the utmost importance to you is is there proba
cause to believe that you guilty of the charge pre-
rcd against you The complaint in this charges
you suppo e 10 have committed this most revolt
crime the 9th OF October, inst at near the dvis
lines Of tue towns Of Flushing and Jamaica; and
grounds for such superstition have been given in evide
upon this examination, and ii Is from these \
my associate and myself TO determine the qrS
ton of your probable guilt innocenee and
approaching the consideration of this question
have felt the responsibility which rests upon
and can fully realize the great injustice which the G.
mnnity would suffer IL the guilty should escape
pupsl cd and the st u greater Injustice which would
which you we're entirely. innocent; and In arriving