New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-23

and BERRY, Associates
FIRST DAY-EyFSISG SESSION.
AT the re.assembng Of the Court, Timothy . Bren was
recalled:
Odd this man ask for this money!
A-Yes: two or three weeks before he killed my chill
dren he asked for but refused 10 give il 10 him. and
told him that too bad or him 10 think ot asking ~
that he gave that money have house and home with
me- and he was with for the last two years and
never paid me anything but that money promised num-
when he gave me the money, that | would take care
of him as long as he wished to stop with me he
asked me often 70 ct the money and this nlSit ne
mptr such noise in the house that s'' ior III"
to come with me- and that d get out the money for him so
AZ h. would leave me and never again near me- but
he said was much expense for two OF us to go TO Ne"
York and that would do to 60 myself the reason re-
fused to give the money because wanted hun to come
with me- and to leave me, and told him would not give
him the money unless he would leave this was the dy
before ne killed the children that offered 10 give him the
money and have witness prove it; but he SAID 1t was
too much expense for two to 60 and that when he ana
got the money he would go far from as he could
oct work in the neghhOrhOOd | never pad nm
ANYTHING for what he did for me, but l PAID nm
well for | washed and cleaned him when no woman
could go him, full of dirt and every other thing
that IA be ashamed 10 tell and had to bury the clothes he
had brought him my house in the sandpt they were
not tit to be- in the house they were covered with YER
min after being weeks after that he helped
To keep himself clean; | told him To keep himself clean
al the time than once every time he came 20 my
house after being out at work told hun to keep himself
clean and he obeyed and did wash himself he would
do whatever my wife or would tell hun the same a.
child would he wanted to marry my daughter; he told
me so in the middle of November before when he spoke
10 me do not know what told him, for got MAD with
him and said he should leave and then he ana ne
should pet his money and that was the urst time ne ASKED
for his money; he told me then not 10 ta1N ABOUT II
and me- would say nothing of IT, and would be- rs good
friend to ever scolded HIM a good deal Whel ne
smoke o me about it but whether he got frightened and
..al- Dr
know but | know he did not speak OF H. Inc htIe gri
was near eleven years old not much more than ten dd
not observe any thing unusual in his conduct 1itery mo-
more than ever. He very cross when sud Would
not give him the money; OGt after tH' ne so'
out Of the crossness. and the night before he
killed the children he said he glad ne did not with
me to New ork get ont the money as what ne SAID ne
would stand it, and win me and leave me the money
he seemed to be reconced IN MS mind tor two or tAee
DAYS before the murder HIM the day he was sent 70
ai by the Coroner, and | asked him what made HIM XII
nav children and he said because would not give him hs
money William, said l. did younot promise me when was
going out that morning that YOU would have good day
work done for me we'll 50 had good days Wor! done
for YOU said be- and an willing to de for 1t the night be-,
fore the murder he came into my room aud passed through
the room and went down the stars ~ gong down to the
wood box where the used 10 De know he went down
stairs, heard the door opening ana MN coming up INC
stairs 9a: also heard something at the 'or aud SPOKE
t tli litlc Girl who lying tine foot ct the brl;
i,k nov, ,,V voice fri .htened him away; dill NOT think
So them bat do now, and that he intended 10 XII me
my " lie SIDE Wasiug. used to do all ms mduS ami
,.r,thn, for him tine way he asked my daughter he
and were coming from work amt lace SAM 10 me nm lu
ne want to speak particularly 10 you and askel hun
what il was and he said he getting Old and ne wanted
to give HIM Mary to marry and l sdld my W!'e ana
took of him and II ne ever said that again W. would
part | scolded him good deal ana ne PROMISED hoi 10
| speak on the subject again
Jycob OngcLf abth, sworr-I know the prisoner he
WORKED with me was the first think. he worked with
after his coming from Ireland gave INN :, per mouth
he left because had darkic with whom he could not
aprec the reason he left that he sad the darlic
used to law him good deal and he was AFRAID he might be
tempted to do something not very good and said IN it
was better to leave he was extremely quet inns EaS III
-j he worked with for about months in spring OF
ieJ2; | noticed change from the first time he worked
with me and the last he came 70 me one time
and said gave him bad hadOar and he was very angry
AZ me indeed about IT, and changed it or him and SAID
i, did So was by mistake he pretty tar worker
and worked well when behind my back as when was
ORE sent he silent but still he talked some and joked
little sometimes have not seen HIM angry al any other
! time.
john Johnsor sworn-I have known the prisoner since
last fall year ago; gave hi n 90 month; saw nun Oh
the Monday before the Tuesday the fatal occurrence and
he appeared not be very well satisfied with . Brien
/ never told any eating not right IN MS mind
/ III, Bogaiisworn-i knew eating for the last three
wears he worked for he never gave me any money
but there was money which ne pm III Inc clarSeo VI
! another man which was given 10 me; Mt Jonh q. onl'h
gave it TO me->a5.; spent that money neither Ca'nS
nor any in his behalf asked me Tor any money was
asked what was going to do WITH the money 0TI tolu
the that gong To give up the money III kiew
who owned il; he SAID his reason tor quatreihS WIN
Ouackenbu.h was because he had ele, and he wanted
Jacob to advance him - in order to put $50 into the 5anki
!
/ killing Jacob, Niger.
Dr. Horace Norton swom-I am physician for the last
seven wears and reside in Newark have III the course OF
nv profession given great attention to diseases OF the u
at all ages
O. would ask you to state from the facts that have
been scoscd in this they show deficiency Oh I'LL
The history of the case proves my mind that he is
not possessed OF the usual a.out OF intellect ana tat ne
is an mbcclle. ,.,
O-Please mention some Of the particulars to which
Won particularly refer indicating this deposition ol mind
(vjL1r /db,iSke objected that this was not lnranl
~ Of mind but mbecty that the entire matter 'hould De
left 10 the Jury and besides that the physician was pres
ept in ourt while the evidence being gwen
hge Greeu-Its certainly strictly competent that
nl,yscian rive evidence such case on that testimony
tui as was competent for counsel to put hypotc cases
embracing all the facts, and which III roundabout way
would lead IL the same results, II lngh! Dc wen TIE co
sci would Withdraw his objection.
Or Norton then proceeded TO state mat ms cohuuc' III
Ireland in working OlIriens father TIL ne was nearly
thirty five wears without compensation iIs not par
ticitinV in the sports the youth ot his ageh WANT OI
any interest in passing evenihi, inability. proven To
rake care of himself and relying on Othershs working for
Smith without cOmpensatlOn-he apathy Win Wilch ne
views every phase this CachS attack on such helpless
children when compared with his known Ondness Tor
thcn-he leaving his place through fear ot killing another
and his entire OF acton proves uat III, d ) MOI
able 10 distinguish the relation ot things and his desire To
marry child of ten years age he himself being fifty
five He considered his mind was far below the usual uh-
der,tanGing of the generality of mankind ami ne might
be able distinguish the relation al friends or COUSINS or
lac might not IL is impossible TO 10 any particular
act mat he would not be able 10 perform bat yet
whole il was clear he possessed diminished degree OF
capacity can lay down fixed rule a. to IRE p0ns
bity a, many have attempted AMI failed and will not
um the risk of another failure but the facts brought out
satisfy that his mind Is below thar oi the ordinary
standard but to say that he does know the difference
betve.n roht and wrong | will not take decide