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

"no ieAS sco etcOnu tiUle before DC became CONF
.ose ana DIED; old not examine the other wounds;
did net zee the whole OF the post morton examine
hon DIS Agnew and Uhl made it.
Dr Ghi. nworn-i am physician, and reside at
NO. Elehth avenue; made the post morton cx-
animation on the body of Patrick McNulty; found
wound Oh the forehead and two small pieces of lead
IL it, about as large az the head Of pis; they ap-
peaTed to be part OF a bullet; they were not like
small shot; on removing the skull | found two
dIacbms Of pus escaped aud suppuraton of the
brain bad taken places the brain was very much soft
ened; there was small marx on the top Of the
head but it was very slight; In my Judgment the
cause of his death was suppuraon Of the brain I'M
der the external wound; the pus escaped directly I'M
Ger the external wound between the durd mater and
the bone.
Cross examined examined the whole substance
of the BRAIN and founG it in diseased condition;
found exfolatop OF the bone; any severe wound OF
bone would produce il, and any blow, aiso To Mr.
Bluht-lti Is always caused BY some exsraneous M
jury.
Cross examination resumed-No canses Will pro
duce suppuration but external injury; suppuratlon
and softening of the brain are not precisely the
same; IT Is sometimes produced by slight causes
and slight blows the head; it is frequent
~ Ing time before it developes itself;
| am an assistant house surgeon at the New York
Hospital; ! am acquainted with the case Of Patrick
McNulty; he had q wound upon the forehead, which
indicated that external violence had been used, such
as shot; there were several wounds upon the chest
and shoulder; the one upon the scalp looked as il
the shot had glanced; he was treated first by DIR.
Agnew and by myself; he was discharged at his
own request was present at the post-mortem ex-
animation; the wound upon the forehead was the
cause OF his death.
Gross. examined by Mr.. Smith, have never seen
such state OF BRAIN except that produced by blows
DR.. Agnew examined have been one Of the
house surgeons at tha New York Hospital since
April; recollect the Case of Patrick McNulty;
when admitted be was much excited and said he
had been shot; found shot on the top of his skull
which / removed; it seemed to be q buckshOt; the
other wounds appeared to be shot-wouDds.
Cross examined-The wound in the forehead was
large enough to permit quill to pass through;
did net probe it.
police; on the night of this occurrence was the
corner of Broadway and Duane street, on the ALARM
being given, went TO The premises occupied by the
prisoner; officer, Timan and Kivelan went with me;
placed man at each door Of the cellar and them
knocked at the door and told the people within that
there were officers at the door who would protect
them; this repeated half dozen times and got no
answer then went TO the station house, and the
Lieutenant told to break open the door, the place
was in considerable confusion, and bottles were lying
around broken; there were no persons in the base
ment; l found the barkeeper in one of the small
rooms in the rear; the door was fastened from the
inside; also broke that in before that there was
demand made for admission at each OF the inner
doors; no one was in the small room but the bar
keeper; in the next found young woman, and y
man, believe; ia the next one found the prisoner
aloLe; found, in all. five persons, among whom wes
al old LADY; we did mot arrest her.
The witness was n0tcross examined.
John Joutdain, swOrn.-I am one of the Sixth
ward police on the night of this homicide was
standing the corner Of Elm and Pearl streets; l
heard au alarm and the sound of pistol when pro-
ceeced down Pearl to Centre street; / maU
bleeding from the head near the prisoners store,
which man was Patrick McNulty took him to the
station house, and then returned to the premises;
entered the place with the other policemen; there
were sars8parilla bottles and tumblers lying about
the room, as Mr.. Baker described.
The court here took a recess of an hour.
AFTERNOON SESSION.
James Carol exanined.-I live at No. l02 Bayard
street; | keep porter house !; 1 knew Patrick Mo
Nulty; saw McNulty before he was shot, about IL
O'Clock, in my own place, l02 Bayard street he was
there about two hours he might go out and in
again, but he there NJ the time there were MIR.
Gillespie, Mr.. Sherr, and others whom don't know
they left after they had taken drink quite peace
fully; McNulty and myself were in conversation
when they came in some of them drank brandy and
some ale remained at home, aud went to bed +; at
II O'Clock the next morning, | heard that McNuty
was shot.
Cross examined.-I don't know what McNuity
drank that night have kept porter house for
twelve months at the same place !; | am licensed.
The case for the prosecution was then concluded.
Mr.. Smith then opened for the defence; after
which
Herman Doscher was sworn-I am the brother Of
the prisoner; remember the night when Patrick Nc
Nulty was shot; l saw the parties that we're in my
rother's place there before; saw them between IL
nd IL O'Clock; this man Sherr there at the time
my house was then at No. 100 Centre street Q.
What did they do in your nousel A. They called for
omething TO- drink; they got what they called fJr,
nd then ODE or two other persons said that they
would ray me tomorrow and that their credit was
ood; enc Of TIE m then seated himself top of the
oubter the rest went into the back par, o the stOra
into the back room; / followed them IA there and
begged tbem to come out and one Of then told me,
Get out, or Ill break your head;' went into the
barroom again and thought they would come out,
but they did lot folowsme, as expe,ted; the bar
helps then one Of the party shut the door tn It goes
into the barron and stood at the Dor and kept it
Shut be told me- when demonstrated, that he would
"splt me il didn't Stop" the barkeeper then went
then my wife. my brother snd his wife came in at
thedoor Q. Was this man Sherr there? A. He was;
Shelr said to me, what are you doing here at this time
OF ngbt the John pointed at me and said, "that is
my brother; then ShiIr said dido tknow it POUR
bro:ber," and they should make no more muss II he
could stop em he told John that he shouldn't tell
body that he Was with them and that he had to
90 with thxe boys, for he made his living out of
the M he said the boys were going to raise hell that
night; he then called tae boys out to drink, and
said he was acquainted with John, and they must
that they had stolen two pistols FROM me; John told
Shirr about them, and wanted to get them back;
he said =" Better say nothing about them now; I'll
try afterwards they then went out; Patrick ShIr
treated them there; went to my brothers house
that evenings when got there found great many;
saw Shirr there but didn't notice the Others, be-
cause ! was attacked by them; there were from
fifteen to twenty strangers there; l walked in and
was going behind the bar whs they got hold of me;
/ think two men got hold of me; had no pistol in
my pocket; at the same time they took hold Of me
saw the crowd rushing up to the bar at once, to-
wards my brother; they threw rhe down; one Of
them held chair over me as if to strike; when
was down couldn't tell how many there were on.
me; was not hurt much; was kept down only very
short time; saw the bartender get up afterwards;
heard while was down the bottles breaking; I
think head four shcts from pistol l did not SOC
any pistol in the hands of any but my brother;
my brother was very much frightened that night;
there no stranger that was injured there while
was present.
Crossexamined by the District Attorney-When
lived in Centre street, the barkeeper and his wfs
lived with me; my family consisted of myself and
wife; one or two Others lived with me at times;
can't tell who they were. O. How many girls lived
with you? A. don't know; there have been, once
in while, girls boarding with me on tina. floor;
'here are four bedrooms on that DOT; don't know
whether the people who visited my place came afer
the girls; the name of my barkeeoer was John
Bergs; i bad seen Mr.. Shrr before; | have
been indicted tor selling liquor without h..
4 g. 4. r1xy l.,