The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-19

he jealous of her have never seen nor heard any
reason why he shonld feel jealous of her. she bore good
character and very industrious woman he was q
great drunEard. have often heard him say he would
kill her, at such times he under the influence Of H.
qrors never saw MN mis- her when he sober.
Several other witness examined oil Of which only
went TO corroboraed the testimony already given. The
then submitted to the jury under brief charge
its coroner and in about fifteen minutes the iury
returned the following :
That the deceased to her death by sIugs fred
from pistol in the hands of her husband Patrick Fxpe
rald and We also believe il to be premdated net his
The deceased was forty years of age native
Of Ireland The committed the husband to the
Tombs for trial.
Court of General Sessions.
Before Judge Beehe and Aldermen Brsey and Peck.
ACQUITTED.
JAN 1S.-Frederick unk into whose possession guam
ty of needles TRACED supposed to be part of larger
number stolen from Mr. Reid Of Broadway, in November
last, placed his trial indicted for the larceny
The proof of identity being deemed insufficient by Mr.
Oakley Hail. the Assistant District Attorney, he aban-
doned the prosecutions and under the direction Of the
Court the jury returned verdict of not guilty, and the
defendant was discharged.
TRIAL FOR Observation-Disclosures IN THE
FOURTH DEGREE
Thomas Hill, respectable young man, carving on
business, as butcher in Tenth avenue, between Twenty
seventh and twenty eighth streets placed trial.
indicted for manslaughter in killing James W. Cooper in
May last, by means Of a kick.
Mr. James T Brady and Mr. c. s. Spencer appeared for
the defendant.
Mr. A. o. Hall the Assistant District Attorney in
opening the case the respectabty and
good standing of the accused in his neighborhood
and briefly rected the heads of the
afterwards by the wnesss and which he would refrain
from doing lest he should color the facts in ADVANCE
either way the other 1t to be hoped the fa
tai kick given without reelection by the defendant
who an Irishman of somewhat superior GLASS; with
fine and sensitive feelings the Of his honor and
his country and that he had been warmed by the 0ppr0
bous epithets Of the deceased man. who
had challenged him to fight. He believed, however
ss b then s rea describe the tSs first . sn
the injury sustained, of which Cooper had eventually
beyond all doubt died saving the chief question
eide, though they might possibly acqut but he would
start with the one whether Cooper was really killed by
killing justihable The papers taken before the Coro
ners jury appeared to make out strong case, but the
circumstances might be somewhat changed by the test
mouy. The learned gentleman then called
James Hill who deposed-I live with my brother, the
accused in the Tenth avenue, and the occurrence
how sold the beef and told him at fourteen, twelve
and eleven cents pound he looked at it, and said he
too; told him could not sell it for less and we
bourht It as cheap one ese he held on contend
ing with and said the butchers about there
tortionae and while he SO talking my brother (he
To the Court cannot say Cooper showed any signs Of
liquor
Witness continued-My brother heard him say he,
could get it better and cheaper across town. and he
swered that where he could get cheaper the
place for him to 60 and then my brother went into his
room Cooper looked again at the meat and said
great deal less ii had mind my brother out
and asked whether he wanted it at the price and he
said mo- and he then ted him to leave the store
Cooper did not appear to be doing and brother put
his hand his shoulder and put him out the stoop
he was turning into his room again, when Cooper
son of b-h - what he said he would do to my
brother could not hear my brother turned back and
moment so, l saw Cooper fan, and thought my
brother drew his foot and kicked him. thought with
as m the could
room, and Cooper picked his basket and went away
soon after went into the room, where black and
large swelling on his side which he had got in the Rght
the store flush with the street my brother not
in liquor at all. The witness not crossexamned.
James Cooper the son Of the deceased was then called
but did not
Nicholas storms sworn and after brief confer
ded to have the narrative detailed by this Witness who
deposed as folows-I live next door, saw the difficulty
last May on the sidewalk 1t about the time for shut
ting up in the evening" and my store closed all but
one door; stood for minute two at that and took
notice; the first saw was Mr.: Hill knocking the
kicked him first twice in the body, and in the part in
ured Cooper got up himself and went away but seemed
with him, about eight or ten years old heard
nothing but what have told The whole did not occupy
more than five ten minutes.
Judge Beebe-He means about minute, suppoe.
if they clinched and the man was knocked down. as
Mr. James Brady declined to cross examine the wit
ness but interposed and sain it seemed to him. in MS
view of the law and which he supposed would not be dis
puted by the learned Assistant District Attorney thai IL
would be unnecessary waste of the public time to con-
tnue any further the inquiry before the ury Il Hers
not for the kick be would argue that the was w
tifabe by reason OF the provocation. But he thought
they had not precisely the right to argue for absolute
acqutta the kick neither ustiable excsable,
fourth degree only If the District Attorney took
view, he would suggest that they put in the ahvt Of
some witnesses OF whom they had cloud present.
that defendant temperate industrious peacea
BILE habits and had been difficulty of the kind be-
in Court and he would their being resd They
disclosed accurately the mode and of death which,
no doubt resulted from the last injury made by tie priso
ner This conceded, and he would leave the matter
in the hands of the Court
Mr. HALL said he supposed the Court would, under any
circumstances direct in what degree the Jury should And
the homicide had been committed and plea of guilty
being thus entered he willing to dispose Of the
case The only question that could arise, would be under
the clause containing the words cruel and unusual
ner and he believed the Statute had been construed
not referring to blow or a kick in fight
Judge BEEE concurred that it did within the
meaning Of that section and that it must clearly
in case Of mansaughtr in the fourth degree and that
to render verdict accordingly This being Immediately
done, his Honor directed that the defendant who is at
receive the sentence and that he should be furnished
with the ahdavts on Friday to enable tho Court to
slider them.
The verdict enables the Court exercise great dscre
ton in awarding the punishment either by way of inn
prsonment and fine, either down to the latter of O.
nominal amount.
CLEAR CASE OF LARCENY.
Enlis Bender young German indicted for stealing a
case of goods from the front of Otis Perrys store SO
and So Courandt street the 3st Decemr was placed
trial
Henry A. pinckley in the prosecutors employ
ment, swore-That he him take the case away from
the door and carry his shoulders to the OF
Greenwich street which simple statement caused some
laughter; that he followed and the prisoner told the old
story, that he had been employed by the who
comes &c but witness had the lowered only
few minutes before and but the prisoner
he guessed he'd better carry back again. which being
done he secured it. and the prisoner too and handed the
latter over to an officer.
Mr. Daniel Otis gave the formal and necessary proofs
OF identity contents ownership and value thereof thus
making the case complete.
Mr.. Voorhees,, assigned by the Court made effort
for the defence, but
Judge Bcebe said the story old dod.e-that II
Of those plain they had occasionally wbere
the prisoner caught in the act of stealing and the
jury Immediately pronounced him guilty.
The Judge then said it appeared the prisoner had few
days before been in custody under the OF Valentine
Rche, similar charge and scarcely reea sed on