The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-22

Court o. Oyer ana Tsrnansr.
TRIAL or WILLIAM eating FOR THE MURDER OF
Macy AND DANIEL O'B1IM.
Bsfors Chisf Jusiss Green
HAcxMsAcx, April II, 1859.
This being the day appointed for the trial Of william
Citing indicted for the murder Of two children, named
Mary and Daaisl onrsn, the 3lst Of December last,
thu prisoner was azFaignsd for the murder Of Mary
O'Bziss.
Ths Court opened ct ten O'Clock but did net proceed
to business until Mr. Bradley the counsel for the prison
En- arrived.
Ths counsel employed both aides were-for the de-
fendant Richard Pauon and Joseph Bradley for the
prosecution, n N. Knapp and A. o. Labrisca.
The Jurors were then called. Some Of them chal
lenged by the prisoners counsel, and others
cused various grounds
that each juror, being sworn should state whether
he had formed any opinion on the matter or not.
This question WAS overrued BY the Court.
The swearing Of the jurors then continued, and
the following gentlemen duly sworn as the jury -
assa, f Christopher. S:asi! o,%sss
8. Thomas r. Snyder O. John o. BerthoH.
P PSS v HssG ssssum H. 5oan a0s AeIsrmsn
8. William yann Sam H. Andrew Alderman
The Indictment being read the counsel for the State
DFisonsr came to Timothy Brieu, the father the
children about -four years ago He gave him sum OF
OFren house. Things went in this why until about
the frst week in December, when the prisoner de-
T Tn"tSy n oB1sn left his house and childrsa
In charge of the prisoner. On the evening, when
and supposing that the deceased had went out to
visit some Of the neighbors he went in search of
them but could not nd Them he returned the house.
and entered by window, stairs and found his
horror that his daughter Mary had been murdered She
her back the floor with her head nearly severed
from her body He then went out and alarmed the neigh
bors who returned and after long search found the
body Of the boy Daniel in adjoining lot with his
head and neck cut and gashed in horrible The
day after the funeral the prisoner William eating was
and arrested on OF committing the murders
He the act and alleged that his reason for do
ing was because Timothy 0Brien had some money Of
his and would not give 1t to him.
Timothy o Bren father Of the murdered children, be-
ing duly deposed-Tbat he resides al Kinder
NJ he resided there previous to 3lst of December last
his family then consisted of his wife two children and
eating he knows the prisoner he lived with him. his
wife left his hcme the 9th December FOR New York
he left his children At home the 3ls about O'Clock
were healthy his daughter was about eleven and his SON
nine Of age the morning Of the murder eating
told the witness that ne too long from his work
went down to the cellar and brought up but
he did not shell it as usual but gave it to them
whole; he told him that he would come
home at night he would have good day work done
for him. when be came bone he found the door
morning to Mr. John d. Smith; when he home he
went the neghbors and asked then they eating
them all day he back then and got the house
BY breaking q window open with crowbar; Michael
room and found bis little girl on the door and
her head nearly parted from her body Of the neigh
bors then came in and he halooed and they told him
to cry. but to 60 to John Ackerman he there
aud he sent OF his to MIR Demerest when Mr..
Demerest came down great many were with him. they
searched for the boy and found him In adjoining lot
he found him about fifty yards from the house. he
Laid in pile of brushwood, with several gashss in his
neck the children buried Sunday the LIST day of
January; Mr. Demerest down quite late the
night the murder committed he found The body Of
his daughter Mary in the roon behind the door with
h0r IartA from hOdy thprp kyO
doors leading into the bedroom entry door and another
ONE she was lying with her legs against the door.
could not it than six inches; he thought she
asleep at frst he called to her but received
then iooi ed in and found her lying described
above there blood the floor and the door was
the bloody marks of CatiEgs pgerse he old remove
her before MI. Demerest
long as anybody; he has been in this country about
Eve years; could not tell the year he came here
% Ja 1o' b ZONE 'shbg came nlm
him: he lived in the State of New York about year;
was near four years with Mr. Smith his wife is in this
he lived thee years in the house the children killed
in; he then left immediately AFTER the house is situated
Loppon; he has worked Mr.. Smith eli the
lived there eating lived with him OF and on for three
and did not see him for two years. he went back to
Ireland, where he found witnesses residence in this
country and came out after him. witness went into the
hospital when he arrived here and eating left hn not
knowing what became Of him. he went back to Ireland to
look for him. he knew the prisoner in the old country
he is older tnan him by many years; he lived quite
while with witnesses father In Ireland. and with tie
neighb0rs around he did not know Cating's father
mother they died before knew him he could not tell
how long eating knew his father; it about twenty
years ago when he was boy he lived with his father
the f1st time he knew him: he lived with him several
years be lived also with cousins of lis for length
of time he lived with his cousins named Patrick
O'Brien Tor two years he was also cousin Of his
Catir relative to witness but he did know
what prison called witnesses father his uncle eating
had sister who died about fifteen years ago; she was
married he lived also with named John Sweeney
for about two years he also lived for time with
Cd H. he
borhcod with the exception of few years, when be
moved about ter miles away he lived in the south Of
Ireland in Tipperary the to of Bayporeen his
father iaboring man. prisoner never lived with
his sister he could not Der when he came live
With biz father he was there as long back he could
remember; he helped his father to work also. and
worked for the peighbors he had wages from his
father. only his clothes ard ard the money eating
earned when be vert out to work with his father.
taken by him; he full groan man At that time
but when he left him, about twenty years ago, he
then fpIl grown witness about ten years old wher
the prisoner left his father witness thirty
of age row.
Q. Then you must have been fifteen years old?
A. Yes; about that; the prisoner is about fifty. fr.
years ole he always worked when he knew him. and wa
faithful steady and willing to work; when be left hi.
fatherss be got he alw kind
in his disposition long he knew him he acted very
good and every body thought good deal of him. he
never married be never kne him 10 have thoughts
OF marrying N the old country; knew him to have
any attachment for any woman girl in Ireland; he
coming this country the prisoner would not stay
behind and therefore because he came lie live
In the house With him for about two months before they
started; be then boarding with him. not pay
him for his board he in the OF stay
ing at his house be made it his home witness mar
risd about five before he this country he
saw him every day during the
he worked him. ard lived there he kept his clothes
where be worked; he could tell where he KEEP his
money; he did not keep any with him; he had about
twenty sovereigns when they started for country
Writers had money all Gazing paid for both their
passages; he had money but when the prise er
offered to his passage he left what he could collect
with his wife to support her while away eating first
posed to come to America and paid "a los each for their
PASSAGE witness took sick with the .hip fever and was
IN the hospital ten weeks; eating left him sovereign
and went away; he did not know where he went but
learned he was about two years gone when
back about three years ago eating came to Mr. Smith
houee where he had worked; he had money when
he came to live there he had fourteen soveregns he mas
never worked for witness since he there worked
for all the neighbos who lived near him hs was
not always at work in the winter he with ut work.
and then said with witness be laid him any
eating has relations here but has two COZ sins in Ire