The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-17

took him to the station house or jail.
julia Paterson sworp-ln February last lived In the
Same house With Has.n; saw him pulling her from
AID they vent Rts her room he in bis stocking
fse the arst that attracted my attsaon the noise
made BY the two be wanted her out OF the woodhouss
and ,hs would not come; occupied the room
Haesns heard screaming after they GO. into the
Ike the noise Of falling, heavy thing being
thrown the floor heard The screams only for short
tine:a lev minutes; heard nothing more during the
evening" ! Dever Mrs. Hagan utter thas; sew him
Cross examined do not nov know Mr.. Hagan; I did
not zee his face that day. never saw him 70 know him;
hsaic words heard the noise Of falling than
time the rst apd noise after Yards
Anne Gennan sworn-I was at hons the SATURDAY pre-
yons to Mrs hagan's death heard noise, aud saw
whether he ksd hold of her not lie had when
lear tho stop; size cried Same for Gods sake
every thing seemed tossed about the I
banced paper TO Hafan, when j looked around
ard her laying down, her eyes closed and
clothes aud pillow in the evening blood upon her
head ard so on he floor hich apparel to have boon
wi 90 up; this was On Sunday morning. there lss
vine blood upon the wall, which remarked Moaday
morning Observed no hair; aso saw stick OF wood
Crcss.sxaniGed-I went in on Sunday and prepared
some tss and oast for her; her hubbard 10 tho
idon't know What VAS hes I'd something from
BODY that The fell out Of bed hipk Saturday night
ieaid something fall that nigh, like lumber cut
Icir from her lead, and Hag.n pu. plaster on tho
Nourd.
To the ceuyt--sbs talked very little on Sunday she
n os. ed and vomiting Ill day.
To the District Attorney--No doctor was sent for
Sunday.
Iva Stewart s~ornIives on the corner of Tallman
ard hsfles sttets back room, second oor Mrs.
Hagsn after her des1b next morning.
.srss ss ~art sworn--IAve in The same house with
Hsrap: on Saturday night beard from. the above
where Hsgan lived the cords nv the holy Jesus I'll
cut your throst:p don't know whether it was Hsgsn's
voice not, il was about 10 O'Clock waea returned
home.
Cioss examined-There was light ia that room on
So u,dsy night that saw; heard the inside,
which Induced mo TO stand still, when heard the
p,eation.
and Charles streets second floor; saw Mrs Hasan
on Sunday, apout II O'Clock, in her bed Hagan aud
Anne ClenDan there at ths time he 1usei his
~e Of spending monsy in drinks, she dew the handker
chief from her eyes, end said q No didnt Barney;
lost it," her face looked badly bruised; her
drunk; saw him intoxicated several times.
Cross examined-Wbile was there Mrs. Hngan begged
for little gin and water; DO said no had money, and
Ieavs lin some lie then gent aftcr It.
the ceiling and side walls Of Hsgsn's house. Monday
morning ct IL O'Clock it looked like rssh blood in spots
about the rio Of peas.
EVIDENCE FOR THE OFFENCE
Michael Mcclure sSorn-Havs known Hagan for three
years; slways found him TO be honest man; that is
nS an and swsVs on1 .sv
by the District Attorney.-He is not bard drinking
man. have seen nina drink liquor; he is pesceable and
William Christian, sworn-Heve known Hsgan three
or four years has been in employ for about three
him in liquor evsral tines is very mild persd an
When IN liquor, as harmless as dove, would not hurt
child.
Thomas Fields swern.-Had known Hagan about eight
ytars; know nothing bad Of his ch aracter.
THURSDAY, June I7-At the assembling Of the court
this nirg the trial Of Bernard Has proceeded
with and Judge Soper counsel for the prisoner recalled
one of the witnesses. who testified yesterday. :,
Anne Britain, recalled, testified that when she went
into Hagsns apartment the Sunday previous to his
wfe's DEATH her how shs disfgured
sn1 she answered BY fall witness asked hes what she
fell On and she replied that she could not sec nor
her with boot shoe could not tel, which, in the
habit Of beating his wife repeatedly pterfeed twice in
their quarrels about three months before her
death; never Hagan under the influence of liquor
more Than two three hmes the last time the
Is e S po Of
wall, but did not any upon the ceiling; the blood
marks were apparently freIh
To Mr. SoperI pr esent at the coroners nvestiga-
! casios.
on the Part Of the prisoner He said there dispute
to the death Of Mrs. Hagan but he contended that the
injuries were inflicted upon her person without prsoed
taed design to destroy liie The only inference whsh
could BIZ drawn from the evidence TINT they had
quarrel and blow mgh. have struck il the heat
proved sss s S " sHs s 81
slight ceath and his opinioa that she died
Of of the BRAIN produced by Combination Of
crcunstap not the least o. which was tina. the do.
ceated had been addicted TO drinking 1t was like wise
shown trat the wound was not inflicted with an instru
| and therefore there could have been no inten
TO kill As TO the. exact article with which
what conflicting. 1. might have boon either boot
Shoe and it possible That she died OF the effects Of
into detailed review of b. testimony and Concluded his
address BY adyerDg TO the good character the prisoner
bad always borne and conterdcd ttat this fact should
also bsye great weight with jury
Alexander McCue Esq, Assistant District Attorney,
srmDsc NJ on the part of tbs osecason He contend
tho violence Inflicted upon the wife OF the prisoner
extreme TO cause death. There dispute as
to the deah or the causes except so far Is related TO
the volsnce used On Saturday Sunday morning The
Only tetence set Up the part of the defence that
she died concusson of tho BRAIN produced BY falling
might be true that she Lad been in ;be nabt II drink
ing hquor yet there direct evidence presented to
that elect and he bcd that the whole of the tes tin
adduced went to show that she died OK the effects VI VIC
lepce inflicted BY her husband He referred to The boos
fe bood upon the bed, aoor and ceiling, all OF which
vent to prove that violence aad been committel, and
concluded by ureiag the Conviction oi the prisoner Of
murder, as alleged In the Indictment.
Juoge Farcuo in Oh .rging the jury said that the in
dictment FOR murder under which conviction nigh
he bad for murder rlsusaughter according to tbs ey
deLco The statute defined murder which was the killing
Of human being, nitb pronetated design; aud second
by committing homicide with no object or nteat wnaev
which owing TO depraved lind and reckless dis
Le evidence brought It within either OF these clauses
The besng had not been By any person, but blows
we're neaTO Whch ~ alleged had Deen lhiced nef
husband Whether Ii consistent With the state Of hel
peg suppoe that her death caused b pjures
sustained by falling from bcd likewise the dnty Of
the jury to determine. lie xlaned the law in regard
to oil the points the case and the jury retired in charge
Of officer.
After absence Of nearly hour the jury tered
court with verdict Of guilty Of mansaughter in the
copd degree whereupon the prisoner sentenced to th
Ssto prison for the term OF years, and the cour
| adjourned.
Superior C0urt-rart e.
Before Hon. Judge Paine.
RAILROAD COLLISION,