The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-23

Doscher the crime of murder, alleged to have been
committed on the 18th of June last, at l48 Centre
street, in this cty. The prisoner was the keeper OF
GROCERY at AZ Centre street. On the night this
unfortunate event occurred that place was kept open
il being Sabbath night. About IL o'clock party OF
young men, (among whom was the deceased entered
the premises. IL seems that after entering, some diff
culty took place between the inmates OF the house.
male and female, and the party who entered. On
which side that difficulty orig mated the te tmony Is
cor fctiDe. 1t IL enough To say that there was
difficulty resulting in col sOn bet seen the partes
these parties being composed partly of those who
traced their origin to the continent, ard others TO
EIins green isle. In the course of this difficulty the
prisoner at he bar had provided himself with piss
to and it is alleged that the other party also
AIMED. The prisoner having armed himsclf with
this implement OF death, deliberately discharged it
three times into the crowd. Whether he was j1sti-
fed under the circumstances, in 50 doing, remains to
be SEEN IL is sworn that he discharged 1t three
times into that crowd One of the discharges took
effect on the person Of McNulty, who was wounded
in various places and one OF the wounds was on his
forehead another Oh the head, and Others on the
body. McNulty taken to the hospital on the 18th
of June, and was placed under the treatment OF DIR.
Agnew, who extracted the ball or shot, and after
wards under the charge OF one OF the house surgeons
Against the remonstrance Of that physician after he
had recovered 30 far rs to he able TO walk about,
be was dismissed at his own request, and vent
home. After reaching home, after some little
IDENTIFY showed that the effects Of this wound yet re-
manned. He constantly complained of pain in the
bead ard Dr. Heisler was called in on the 4th July.
The Doctor attended him again next day, aud found
the pain still continuing on the It'll cOmitOse set in,
and on the Stn he die 4. From the post mor:sm ex
animation it was found that death had resn tea
from the wound he had re ceived the 18th OF June,
thus placing the prisoner in the position OF wing
been the OF his death If these facts be- shown
before you in evidence, and il the defence does not
succesd in mitigating the offence, it falls uoler the
statute, which is as folio VS." The killing of hui
nan being, without the authority Of law, by poison
shooting, staobing, by any other means, or in any
other manner, is either murder, granddaughter, or
justifable or excusable homicide according to the
facts" II il murder in the following cases:--First,
when perpetrated from q premedtated design to
effect the death Of the person killed. or any human
being; second, when perpetrated by an act immi.
neDty dangerous to Others aud evincing depraved
mind regardless Of human life, although with pre-
meditatei design to effect the death of any indi.
vdral. In the second division this case, unless msi-
gated by the Defence clearly falls. That section of
the statute was intended TO meet just exactly such
the evidence will represent this case to have
been. The case of person shooting into crowd,
although with no inteat to take the life of any par
ticular Individual, was always murder in the COM
mon law, and 1t is murder in our statutes. This
statute was intended TO meet such q case. where q
man recklessly discharges loaded pistol into q
crowd regardless of whom he hits and regardless of
the conseque noes, although be did not intend to kill
any one. The evidence makes out the facts as have
tNe OeIenCe Iall 10 Ulltlg&te tne
your DUTY is plain, and you will feel hesitation in
fesnlessly dscbargiDg it.
The fist witness called was
Patrick sSbirr, swcrn-I resided in June last at 4S
Centre steet on the first floor level with the street;
know the prisoner OF the BAR he kept store in the
basement of the same building; his business was
liquor selling, and he kept girls also; knew the de-
ceased Patrick McNuly he was marble polisher,
renee which took place il Ceatre street; prior to
that occurrence had seen McNulty; l met him in
Bnyard street, at about eleven o'clock on Saturday
night, l believes we went to Mulberry street and
from thence to my store; there we're seven or eight
young neD in company with him. their ma mes were
James Leonard, who resides at No. II Green wich
street; John Stacon, who lived in Cross street, and
worked in Tenth avenue at foundry Edward Gil
espe, who keeps an oyster saloon il Bayard street.
and james Morrison; who lives III Mulberry street,
between Bayard and Cross l reached my
house at twelve o'clock at night; they re
NAMED in my room between five and ten minutes
not go into any house in Mulberry street
Mr.. Carol was there ut the time; they went from
my ICON into the basement Kept by Doscher, they
took a drink in my room; | went with them to Mr..
DoscEer's; there were there Mr. Doscher's bar
keeper. and two or three other men whom did not
know; Dorscher was not there at the time. Q. Whae
occurred! A. These young men were skyIarking
and calling for drinks and some did not. Q. What
did you do at the time A. | told the barkeeper
that wcHld pay for any damage they might do. O.
II what temper were the parties! A. They were in
any one; were talking to the barkeeper; McNulty
Wef 70 The back part OF the store; there vas sort
OF ball in the rear, and on each side were rows Of
rooms they all bad doors; McNulty ran nut. and a
young man before him. and McNulty struck this
oung maE wnen near the door; know Doscher's
brothers saw him there that evening; first him
after McNul'y, striking him; he vas passing in
front Of the counter and going to the rear OF the
store; he was not the person that McNnlty struck;
heard some OF the young men say that man has got
pistol III his pocket; that expression referred to
Doscher's brother; don't know who this young
man was that Dcscher struck some Of the party
got hold of Doscher's brother, to take the pistol
away; think they threw him down; the prisoner
came IN from the street, and went behind his coun
ter; he drew the drawer out, and pulled the pistol
out: be said nothing, that could hear but drew the
pistol out and fred in the crowd in the centre of the
rooD the crowd was about twenty feet from him.
heard the reports of two shots after the first but
cant say that he fired them; after the frs. shot
heard McNulty say, !" am shot," and passed by
me- with his hand en- his forehead; there was an
other person wounded in the crowd-it was John
Stacon; after the discharge OF the pistol all the
yonpg men ran out; when tney got outside, Mr..
Doscher said, Look out, they are firing from out
side--you'll get shct' there no firing outside
that beard Of and sang ont to the party outside
not to fire down until | got out; they had stones
with them there were policemen there, but they
were not permitted to enter they broke the door in,
arrested al the parties inside ana took them to the
station house; / saw McNulty after that occurrence
at the Hospital, and afterwards in Bayard street.
Gross examined by Mr.. Smith keep porter
house in the same building with the defendant; l
have license; ct the time Of this occurrence was
at the house of DoscEers brother; it was about ii
o'clock; went IN there before met Men uty; some
of them took hold OF Doschers wife, and told them
that she was marrieG woman, and | did not want
her touched; these parties drank twice at Doschers;
they did not drink at any place in Mulberry street;
pistol in the possession OF one OF the party but
didn't know where he got it, / saw no act of VIC
leDce committed by the party at Herman Doschers:
when we left Herman Doscher's we went to Bayard
street, and then to Mulberry street; we then came
to my place in Centre street; there must have been
some eight or ten with me, some Of them Irish and
some Americans: when / went to John Doscher's
/ beerd some breaking of bottles but not over the
heads ofany Of the party that knew Of; did not
see Morrison lpresent pistol at the man who kept
TIE oyster stand did not see the barkeeper kn ,cked
down; saw an old lady there after the occurrence;
ste ~as quite bloody, and was pulled out
from under the bed the wound was in her forehead;
heard the reports Of three pistols; there were four
five holding Doscher's brother when he was
shocked down; heard Kim say nothing and heard
no screams; at the time the pistol discharged
/ don't know whether there were men coming up in
- H.