The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-29

parties with the excopuOn OF unen. Inc DOctor
himself was in way forced out into the street.
Oman put out by the barksepsr and when out
side he heard 10 threaten Ar Longwortn "A, he
would make . mummy of him NJ. LoDgworth r,mlinsd
the defensive entirely until the parties left sac "
after this Doctor 0sbe was seen going 'own the
between u . place occupied by Matthews and 1T
Oman. having IN umbrella his head holding
his right hand and in the Other dagger dirk
heard TO remark that he would put IL into an W.
venture 20 attach him At this time perso .lonxt
to the party asssa1s in the bar to hi 4
and told him TO give him the knife The Doctor replied
that would give him the knife If he would care OF
it. then hs nded TO him. tbs person then imt,s
daisy turned and stabbed him With the knf- viii 81 TIA
doctor had UNFAIRLY surrendered aud then other
persons came up and made assault upon The doctor
Knocked him Gown, beat him most cruelty. and finally
succeeded in gett him back again to Mr. Matthew ca
tsbshment where ne made his appearance covered
blood OF the wounds recsved 10 this he died on
the 18th Of September The wounds resulted nj innate
in tt OF deliam tneis in which state he died. this
the hands Of these parties Oman, the party charged,
was one OF the party who was originally pre-
sent in the bar room. At the time Of the attack
on DR. Osborne in the street person attempted
get Oman into the house He hos resisted COM
mepced putting the shutters and while in that posi-
tion three persons his house. and they
edhm in the dii con DR.. Osbornes He remarked to
them they passed-'Go into him" And they did 70
into him. and the result OF was that these three or
persons indicted for the crime Of murder If
the evideIct here shall satisfy you hst these parties
concerned in that attack, and that the attack
evinced depraved heart and that the act wanton
and reckless dangerous TO human life this case
Of murder Men who tonly in the publ street at
tack lrClvlouAl. knOcBfpg MIN down, beating him.
kckns bim when down, and stamping upon him. thereby
producing death need not Fay directly under the
definition OF MURDER under the statute according to the
construction which have always understood to be given
it, / have known of bu. where there was q
sir gle individual attacking another knocking him down.
kickiI him stamping upon him when down, that
relieved by the humanity Of the jury but have yet TO
learn that the gangs committing such attacks with the
cowsrdce of these parties coDsis ling of three
ne exempt from the highest penalty of the law It
will be fer you to say how far they amenAbs to the
highest pepaly if there is any discrimination to be
made how far some may guilty of the higher and
OF the Lesser crime
The arst witness called for the prosecution was
Samuel j. Longworth. sworn-In the month of Septem-
ber last resided at No las Cherry street; | was in
who LEI ale and retail liquor stores Mr. Mathews was the
proprietor of it. ana had charge of knew DR. Osborne
since February last; be VAS physician; know DiuAD
of the pris his establishment at No 1873
of the street. the night OF this
came in Frederick Cu en- and myself there at the
time know some of those Fix persons; these Fox
and Fox paid for it, have of these men SINCE
and him to be Foxs brother after this Oman
came In with another person. don't know how this per-
son was dressed might have him since but can't
say; HDans coming in he said that he to make
DE- with Cullen who behind the bar and that he
had no luminosity or unAind feelings; he shook hands
he had been and about what he could do that time
Dr. Osborne came along with umbrella his cad,
seized hold OF him and pulled him in BY the col
lar; when he was pulled In, he said he could
Ilst any seven =, Ili ii hasn in New York the
Fox to be STILL took hold of Fox and told him he must
go out; he resisted me, and got him up against the
door, the doctor in the crowd, and they were eli
around him; did not succeed in getting Fox out but
they got around me and struck me- went bshind the
railing and got sword cane and they then ran cut
in; told him that he the Of all the difficulty
and put him OUT he then remained the door, and
mummy Of my carcase; my wife came down and Dnans
wife also; this affair occupei very sh ort ii ns-soms
five minutes. the party LEFT the door and heard some
the door, but told him he could not in this per-
was the Doctor and seeing this took hold of him
and brought him in he had his umbrella In one hand
and his hat in the other and covered With Blood
it was raining at that time; after taking him in 1
got chair, and he Eat down and asked for look.
lng glass; he called for some ice also, to stop
the bleeding; he did not make any ina uiries Is
to The names of the persons who had struck him;
the lat renamed there time; two other officers
came If erwarcs. and brought Oman and the two
Foxes in Also Here at the request Of the counsel for
the defence the Witnesses left the rosn noticed
wound about the Doctors facs it was ali swollen and
the jaw swelied out could under the nose;
when Re called for the glass and oked 1T It, he said that
he gene and that ali the doctors In New York
could not his life he raid thu. certain artery had
been cut and wished to b sent to the New York Hosp
tall the officers took him away to the Seventh ward Sta
ton house, and went with them; no physician was
called while was there; he said he hurt inwardly
did not ask him as to his poets of but asked
i. he hurt internally; after that orninx aid
not see him until be was dead
Cross examined by Mr. Phill ps-The day saw him
was on Sunday following; Mr.. binan was nsighbor Of
mine he kept small store, and sold Candles he came
Into my place when Cullen was behind the bar, near
conciled they had been there for about ten miuu es
before DR. Osborne in Dr. Osborne was sober when
ne came in; was standing At he bar 1t the time;
ne raid soothing. but merely looked in he spoke
word during the Whole time he in the store; did
not hear Oman as say word to him nor did see Dasn
struck and beaten drew the swsrd from the cane
going into the street after them but only to drive
them out Oman did not IL not to go OUT he did not
take hold of my until took hold Of him put him
cut was very much excited 1T tho tme threatened to
strike any one with the sword he did 60 OUT pat
Oman out finally he alone in the store after the
others had gone OUT he abusive to before put
him OUT told him that he the cause OF all the diff
into the street. Dr. Osborne had been In my store about
few minutes before the prisoners were brought I'M Dr.
Osborne sad in the hearing Of officer Murphy that Oman
gagged in the superintendent of the store sir JAM
uary last; previous to that in Dir. Matthews
LIQUOR store there is bar in the store 146 Cherry
str et there is license f.r selling liquor there; had
had DO Difficult les with Oman up TO this time
before the beer thrown in his face Dr. Osborne used
lick any teven Cd id Irishmen In New York, and
then the beer thrown in his face was examines
before the Coroner the who dragged him In took
hold Of his coat tails In frien y manner; d. Osborne
bad been ia the premises in the afternoon TO attend
woman who had q ft he there again after o'clock;
he was alone at time he drank twice at the place.
ersnka glass Of brandy he carried knife among his In
strun ents did not him it that night 1t was not
knife that closed DR. Osborne drank considerably but
have drink more; swors before the Coroner
that he was drii king men-whethe- hard or . soft
drinking man can't say have spoken with no person
in reference 10 evidence which to give here;
have conversed with Mr. Matthews about 1t, but have
been nterfered with in any way the subject;
have been acquainted with Dr. Osborne since kept the
store at time Of this he had Office but
had been q steamship surgeon. he seldom in
the habit Of coming to the store since he gave up his
Office.
O. Have you ever seen him intoxicated9
Objected to, and Iestion not sustained.
O. Had you the Doctor intoxicated Immediately be
fore this occurrences.
A No.
Q had you seen him intoxicated within a month pre-
vi6usf
A. No.
Q Have you seen him int xicts eda
A. have him when he had drank too much IL
quor and than he able to bear; knew each
other but went cut with him the doctor went
eut before they began beating me- can't say that
Fox struck me, because struck from behind;
six in before Oman and Fox with them con-
dered that Oman the Of bringing them there
that he had sent the party aheac Of him. when Doc
tor Osborne came back did tnot push him, or draw my
a ord At him. had IL m hand until l felt