New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-22
EXTRAORDINARY MURDER TRIAL.
Trial Of William eating, fer the Murder of two
Children, Mary and Daniel O'Brien, at Kinder.
Lnmuck. NJ.
RGEN COUNTY COURT OF OYER AND TERMIHER

bACkESsAcK, N. J, April q, l853
GEEES Chief Justice; DEYAREsT AcKEanax ZlBssgE
and BExRY, Associates
This Court was opened 10 day nj 10 O'Clock NJ for the
trial Of William eating for the murder of Mary and Daniel
OBren on the 3ls of December 1883 At the sitting Of
the Court Mr. Banta applied the Court have the
postponed in consequence Of the arrival of Mr. Brad
ley who the principal counsel in the but while
the Court and counsel deberang the best mode
Of proceeding. Mr. Bradley entered the Court
eating is little man, of about five feet two or three
inches and seemingly anything but powerful man.
On the OF the Jurors being about to be called Mr.
Bradley applied to the Court to have each Juror declare
be to be sworn whether he had read or heard
much Of the whether he had formed any opinion
to the guilt or innocence of the prisoner.
Chief Justice Green said that question has long since
been decided in this State that such question could not be
put Even before the rendition of that decision by the Su
preme Court all the Judges Of this State of opinion
that such question decidedly illegal. He
that contrary practice prevailed in New York and other
States s the Judges here would adhere to their rule
which they considered founded sense for if
read anything conversed with any one he should
il he intelligent man, form opinion, he
hoped all the Jurors Of New Jersey lie could not
then allow sch question, but considered that any Ju
entertained feeling Of special dstaste toward the
prisoner that he ought to state when he came to the book
but unless he himself felt he entertained such would
naturally bias his Judgment there could be reason 10
prevent him serving as a Juror The swearing Of the Jury
was then proceeded with and after several challenges both
the part of the State also that Of the prisoner the
following Jury Henry Christopher, Jacob Post
Thomas II. Sneyder, Cornelius Deboe, Philip Van Saur
Samuel Campbell, John |. Berthoh Abraham Hammond
John j. Alderman, Andrew Alderman Daniel I. Westerve
The indictment against the prisoner then read charg
ing him with killing Mary OBrien with Ratchet and
second count charged him with killing her by cutting her
throat with The indictment then read by the
Clerk and the prisoner, having pleaded not guilty, was
given in charge TO the Jury.
Mr. NJ H. Knapp then opened the case for the prosecu
ton after which the evidence was gone on WITH Inc nrst
witness called was
TioLiy OBrn IA of about 40 years of age, sandy
complexion thin and sorrowful oOkng) being sworn-He
stated that the 3ls December he lived at Knderhack
Washington County j.. at that time his family consisted
of and daughter and wife on Dec 81 his wife LETT
home for New and did not home on the 35t the
prisoner lived house at the time on the morning OF
the 3l the prisoner called me up and told me il was late
and time for me 10 90 TO my work. there some
chickens and when was going directed his attention TO
them and he answered Oh do you 60 and will take
OF them and everything else till would come back,
and by the time would come home he would have
good days work done for when came home went
the pen where the chickens and there found that
the had been thrown to them without being sheled
worked about mile from my own house and for Mr.
John Smith and did not come home till o'clock in the
evening" when went to the door found 1t locked and
went back 10 the neghboring houses and asked they
saw eating my children that day about the place and
they said they did not Martin Flynn came with me-
and | got a crOwbar and broke open the door and
when ] went into the room j found my little girl
lying behind the door with her head nearly severed
from her body shouted ops and some of the neshb9rs
came and told not to mako noise but 10 up to John
Ackemans and would be there told what TODD he sent his
son for Mr. Demares and all the people there came to the
house and the little girl and as they could not find the
boy they went in search of him and found him among
bushes all cut and hacked and dead the children were
buried Sunday the I'd of january Mr. Demarest came
TO nv house late in the night of the day the children
killed Mary Jay back with her feet against the
door that pushed it in with difficulty and looked in
and saw her with her head nearly of her body There
uotbe
which was fastened also thought she was asleep and
called TO her there pool OF blood round her. and
there were marks of blood, if bloody hand shut the
door against which she was lying eating RESIDED al my
place Tor about three years previous to that time
Cross. examined by Mr. Bradley know eating as long
as could know anybody have been about tive years in
this country cannot tell when came here Eating came
TO this country along with from Ireland left the vile and
children home before came 10 live in NewJersey
lived in Ney-York about year, and am four years
with Mr. Smith my wife has been about four years IN TINS
country my children came with her the niue gT was
going on eleven ofage and the boy near nne lived
about three years in the house, which about three
miles from Milford, but | left it sinceth children were
killed have worked with Mr. Smith ever since came 10
NewJersey; when the prisoner and arrived IN TINS cou
try was put into the hospital SICK and renamed ten
weeks ILL., and the prisoner went of some place DO nor know
where and after about years he went back to Ireland
fo look for me- as he did not know whether was DEAD or
not and when he found out where was he came Dack ana
found me out in New Jersey, and lived with me ever snci
knew the prisoner at home he lived with my father and
some neighbors around he older than am but 90 not
know his age; never saw his father or mother they
fathers; he lived there about twenty years ago
when | was a boy; when he left my fathers he lived
with cousin of his named Patrick o rien, who also
cousin of mine eating is cousin OF mlne 100; 40 nor
know whether he is not only TO hear so cannot tell
how near, only TO hear him call my father uncle my
Father told me he cousin he lived when at nome,
with John Sweeney Daniel Lyons, and others but always
in the same neichbOrhoOd; lived in the Parish OF Baly
poreen. in the County Tipperary in Ireland my iather
was aborng man do not recollect when he came to
live with my father he was there as long PACK as can
remember anything he worked some but he had no wages
from nv father; he only clothed and boarded MN; my
father took him with him to work ana me money NE gu o
ed was paid to my father; he quite young when ne
came first TO my father he was not able TO WORK win en-
lint would do turn to help along cannot say now long
he lived with my father, but it must have been ten or
twelve years he was grown man wheh ne Iei' my
which more than twenty years ago was about ten or
feen Years of age when he left and am now thirty i've
wears think he thirty five years OF age when ne
left and is now fityhve he always worked
willing TO work he got wages when he went away from my
fathers he was always kind and peaceaole IN his DIS
poston as any one could be- he was never very bright
Int acted rs good as any other henever was married.
never knew him TO have any thought oil marrying nor
in the old country nor any attachmentfor any female
while there; never saw him making up to woman at
all in the old country; the reason OF he ana coming
together TO this country because when he heard was
coming he SAID he did not want TO stay at nome after me-
he came because came he lived in the house with ms
for about two months before l started Tor Amer ca
he boarded with me, but did not pay for ms board;
he did not work a day for me while he was with
me; the reason that brought him to me was uN ne
was ont of place and when he would not be in
place he would come and stay by me for long TIM I'll ne
could get anoter about five years married before
came here he stayed very little with me after WAS ma
RED till about months before came 10 @iulSIlcA
saw him mostly every day in the week he lived where
worked and kept his clothes there too, but It IS more INA
can tell where he kept his money he never Kept any
II with me he had about 20 sOveregns when we saredrom