New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-17
MURDER TRIAL.


KINGS COUNTY COURT OF OYER AN9 rgRNlNER-Becr
Jusge BAReULo, Justices SrILwELL AID srSYEER
The Court assembled At clock A N yesterday, when
Judge SOper on the part of the prisoner, recalled
Arm Britain who testified follows; When went into
the house Sunday afternoon asked Mrs. Hegtn how
she be dsfgured about the face and she said
che fell asked her DpOn what she FELL aud sue said she
ccud not then told her tO send for doctor
To the District Attorney think she said he beat her
with boot or shoe couldn't tell which IA was IN the
habit of beating his vile repeatedly ineriered twice:
once about three msRths before her death never
HIN drunk more than three times the lSt time
The Friday evening previous | never saw Mrs. Hagan
intoxicated; when went INTO the room saw blood Upon
the wall the spots fresh apparently did not remark
any the ceiling do not now recol ect what said IN
regard 20 Mrs Hsgans conversation with me at the COrO
ntr's Investigation.
The evidence being concluded d S,per Esq summed
I'D on behs the prisoner He commended that order 20
constitute murder the blow must be inflicted with weapon
hkey 10 pro- uce death aud with the prenectated design
10 hill The evidence proved thar the blow had not been
inflicted with such instrume aud tho testimony DR.
Cochran showed that OF the wounds sufficient
10 prove fatal The ind cment lodged tha the crime
committed with boot hut the evidence 10 that particular
is conHic the sst witness testified at her ami saon
fore the Jury that the deceafed td her the
il ury Lad been inflicted with shoe twas admitted that
violence had been committed but charge laid the
Indictment denied He referred TO h- good character
The prisoner, which had Oten Suihcienuy proved and
hoped for his acquIlfal
Ale1sndr Metue, Esq Assistant District Attorney sum.
med up far the prosecution lie contended that the VIC
tnce inflicted upon Mrs Hagen and brutal
As 10 cause her DE- ath, and there could be doubt
the intent the part 81 the husband That the blows
we're struck 9TH the boot produced during the trial.
ev, Il rom the fact testified to by Of the witnesses
that AZ the time he dragged his wife from the yard La
was IN his ckng feet II WAS not probable thst he put
then on Immediately after entering the house, but
plain from the appearance Of one Of them having hairs
matted with blood upon IT, that he beat her after gaining
taer apartment IL also contended that he beat her
sitter she bed that night which the blood marks
spaitered upon the ceiling head, upon the side walls
leso board sufficiently proved and he could therefore,
taking all the te,mony bearing upon the come to
no other Eson but that thu king perpstraed by
design. He reviewed toe testimony in regard to other
facts which went to ssien guilt upon the prisoner aud
wound ID by asking his conviction, il the Jury concluded
he was guilty If charge alleged in the Indictment
Judge Bar ulo then proceeded TO charge the Jury first
inf rr them that the Indictment which for murder
admitted their finding the prisoner at the bar guilty Of
uansaUghter IT, IN their opinion the evidence IN the
would wsrraut such conclusion. After defining what IN
with the statues constituted murder and what
msuslaUghter, he reviewed the testimony noting psrtcu
lary those pOr ns having the most direct brarlR upon
the question whether be- the prisoner had designed taking
away life and whether the wounds received inflicted
by him caused by deceased falling from her bed 10
tie floor had been all gd aud also whether the wounds
The immediate Of death Ii they should dis
cover sufficient the 10 establish beyond
-opabe doubt that the WoHnds inflicted by the
oner with design take away life aud that they the
immediate cause Of death they would find him guilty of
murder: If they should be of opinion that ths deed
with persons OF deprsy ed mind and reckless disposition
but that dangerous weapon had been used they would
slsO find a verdict Of murder
Al the close Of the charge and before the ury had re-
tired Judge SOper desired the court TO charge the jury in
reference ghte but Judge BarculO refused
the ground that he not believe il mans4ughtsr
aud 9TH this voluntary expression of opinion the jury
cut and ia about an hour alter, returned with
dict Of gully Of granddaughter in the second degree.
The pIsoner then sentenced to the State Prison for
the tenn cf seYen years,