The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-26

s,t,, were zen standing or sittius upon the stons' A.
that aftsrnosu i, so, At what time and bT hat
ANGER A. They left by the five O'Clock stage aft
they got in the stage opposite the Presbyterian
The evidence on the part of the prosecution having
rested MI W. smith, counsel for the prisoners opened
for the defence and introduced several wtnesss with
ve~ OF showing that the isonsrs we're near the village
Of Jan aca AZ or about O'Clock evening
the mur OF Inc deceased was perpetrated AID to show
that Il CT Istharine Muse and Mary Roach two Irish
grls-the former in the employ of Mr. Smith and the
latter in the family Of Mr. Sayrswsre examined These
ripe courted by Duffy and Mary Mccoy young
women were brought into to testify and witness
the bushng and ogling exhibited between the prisoners
aud their asses as they seated Themselves formed quts
amusing scene in court.
Messrs MADDEN and Armstrong conducted the prosecu
ton and requested that of the girls be removed from
the while the other testified Counsel for the de-
fence very readily consented and the Court requested
Catherine to Leave the during the examination Of
Mary Roach.
howard b Lyons sworn, says-I reside at Jamsica
superintendent of motive power the Ioug Island
Railroad; know James Duffy Of the prisoners have
known him for about nine months know nothing fur
Their Of his character than have him our shop
where he works; knew ything against his char
acter he stands good any in the shop; he has
heard word against him until this case never
heard of Duffy drinking any intoxicating drinks his dis
position Is good.
when away from work Duffy had lost but or Ave
days during the last nine months; have occasion to
The next witness called was
Mary Roach, who, being sworn, says reside in the
a domestic in that family; know Michael Mccoy the
prisoner in court him about o'clock Sunday
afternoon the 9th day of October it the railroad
in the village; was in his company until between and
o'clock when he left me he started to go home
him again that evening he crossing Fulton street
BY Canal; il then about four five minutes after
! o'clock the town clock was striking l crossed
the railroad; | sure it took longer than
that TO get to the corner: Michael was coming right
q n aa LWas
think when parted it wanted about twenty minutes
to ten o'clock and perhaps it was half past nine we
were together during the whole of that evening" he left
me home at Mr. Sayres; could not say how long
y it was between the time when he left in the after
noon and the time when he met again the evening"
it between Ave and six O'Clock that he left
that afternoon; Michael the clothing that
his manner clothing that evening.
Cross examination by Mr. Haddsn-l did not
evening heard the bells ring for ' church that
evening" can't tell whether it before after the
clock struck the all in the house when
removed the tea things and washed them did not dress
after tea more than put hat and shawl left
the house right of after putting away the tea things
think 1t took either six nutes to walk to
where met Mccoy.
O. How did you know it was seven O'Clock strking9
A. knew that it had struck six before that, and Of
knew the next to be o'clock at the time it
struck six O'Clock was getting the water from the WELL
but not for the tea kettle it not very dark at that
time did not count the strokes of the clock when it
struck six Mccoy had been in the habit Of seeing
pany he cid that night he did not often remain later
Mr. sayIes family have certain time to take tea;
sometimes s. g. o'clock Just whenever it is got ready
TO Counsel for Defence-l think the family took tea
that Sunday evening at about quarter past six o'clock
oatharine Muse sworn says reside at Mr. Vessel 8
Smiths in Jamaica, domestic; know James Duffy,
the prisoner present; have known him more than
three or four months saw Duffy Sunday, the 9th Of
October fortnight saw him first at three O'Clock
in the afternoon; Mrs Duffy and his sister with him.
it was about half past five O'Clock when he left me
at Mr.. Smiths gate Michael Mccoy left a few
minutes before we left Mrs. Garrity's; it was
only few minutes after / met Duffy that Michael
Mccoy left; saw Duffy again that evening it was at Mr.
Smith gate: then up to the Villages Mccoy
with us; McCo walked far Weeks with us;
he th went down Canal street, it was seven o'clock
when met Duffy; recollect hearing the clock sttiks
passing Mr. Robert Seneys house at the time Duky
and Mccoy with me; Duffy and myself together
that evening except the time he went to his boarding
house to get his tea; stopped until he out;
were then in company until about nine O'Clock; parted
Duffy dressed in the clothing that Sunday
evening in which he appears; Mrs. Duffy and James
sister took the five O'Clock stage for Williamsburg Duffy
on that evening had some apples in a handkerchief
Cross examination, by Mr.. Hadden--I was born in
Ireland am seventeen years Of age did not eat any
q. Where did Duffy and you spend the evening from
until nine clock.
A. Down by Mr.. Kings fence; then went BY
Beaver pond; did not go elsewhere walking
all the while don't know that it nine O'clock
after nine O'Clock when he left me. Duffy boards
at Michael Clark's; was acquainted with the de.
ceased, Catharine Qugiey; she was acquainted
at John Carrity,s; | heard she called there the
go with her; don'tI know if Duffy acquainted with
deceased Duffy did not mention to about passing any
girl the road that evening" Duffy and myself in the
habit of being together Sunday evenings he left me
at about the usual time knew it o'clock,
because Fcounted the clock; thought it could not be
later; when Duffy parted with me in the afternoon he
told he going up to Georges his return that
evening be did not tell me where he had been.
Abah F. Doane sworn, saya-I reside in Jamaica; | am
a machinst by trade and work at the Jamaica depot
am foreman of the establishment; have known James
Duffy the prisoner for the last seventeen months Duffy
/
work in the same shop with him, and him almost
every hour in the day. Lsee him sometimes when he is
until this CHARGE recollect seeing person to the
shop and inquire for Duffy; don't know his name; he
inquring about this girl that murdered he
said she Was his niece; he saw Duffy. and to the
inquiry think Duffy said he knew such girl; Duffy
asked the man if she James Morrison's wife's
sister the person said no. and Duffy replied that he did
not know her: there conversation between them
but did not hear it, the speaking appeared to be
excited; when he first into the shop thought he
intoxicated, and called to him to know what he
wanted bs replied that he wanted to know If James
Duffy worked there told him he did, subsequently
ly by some other cause not of the time of day
this person called but it during ,rking hours.
James A. Mcfarland sworn, says-I reside in Jamaica;
know James Duly, the prisoner, about year and
half am machnist and work at the depot; Duly's
character is good and consider it unexceptonable
any man of my acquaintance.
recess for one hour taken
William Roy sworn, says-I reside in the village Of
Jamaica; recollect seeing James Duffy the Sunday
night in question: 1t Mr. John d. Snedikcrs he
had female with him; spoke to him; It might have
been little after that time; had nv tea that evening
at about O'Clock.
The evidence both sides having closed, it
agreed between the counsel to up the Thurs
day morning. and then submit the whole matter for the
judgment of the Court.
The Court was then adjourned until nine O'Clock on
Thursday morning.
Married.