The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-10

Before Hon. Judge Rockwell, presiding; Hon. H. .
Moore, County Judge and Justices Stillwe and Stryke
TRIAL OF RICHARD BRENNAN FOR THE MURDER Q
MICHAEL HORAN.
THIRD
MARCH 9-The court assembled at 10 O'Clock tn
morning.
EVIDENCE FOR THE DEFENCE CONTINUED.
Patrick Mccormick sworn-Resdes in Williamsburg;
Deputy Sheriff; is acquainted with prisoner had bee
for three four years. recoleced this transaction; r
saw Brennan in the cells after it. next morning. his sh
was torn and the buttons broke off, his character for
dery conduct and morality is good live within thrs
or four doors Of his house, it between seven an
eight O'Clock in the morning that saw him.
jesse Ho6ley sworn-Reside at 2o5 Second street, Wi
hamsburg; / am manufacturer Of silk goods; am AZ
quainted with the prisoner; have been Tor about si
years. his character is good; he is moral and uprigh
man; saw him probably once week till this affair o.
Cured
Patrick Flaherty sworn-Am not engaged in business
nave oeen acquainted with the prisoner for about thre
years. MS character is good in my opinion; bette
about three years.
Ionceman; know Mr. Brennan; have known him durin
the last two years have heard word against hi
aracer never been in his house but once; became &C
e. 'nted with him while patroling that beat
sunns 'und Powers sworn-Reside in williamsburg hav
uainted with the prisoner since the fall Of 1851
Ssep acA an excellent reputation he was an officer
ne ne ossrs pea ,ent knew Michael Horan; be was man
sn,;,I. snc nla ;h Itshsa wife and several children
Ceo,os ps. "r sworn-Am not engaged IN any bust
o oise " pss w of the Board of Common C0uncl
nsSs am pre.s s, been acquainted with Brennan 70
eight or nine ys.r: o. ways took him for very ne man
was intimately ar;,a tied with him; have been in hi
house several times.
The Court here took rsses, ,. ten minutes to avail
the arrival Of on important witness ~. .ne deience.l
On re-assembing Judge Eoper sad no expected :
shirt torn during the afay at his house, that the gun
was loaded with powder and shot and not WI bullet
ana tnat the period intervening from the time
started for the gun and came back more IT, N
| minute
James Wildwood sworn-Am gunsrnith in williams
burg have been engaged the business Cor about
firearms gf a6e all and
may be discharged accidentally.
Charles Vandyke sworn-Liye in Williamsburg; am
policemen. The Of Horan was about fifteen
or twenty minutes when saw Brennan; his shirt ap-
peared to be torn; saw the gun; don't know what the
e gave @ %
was open at the neck; the buttonhole torn out
THE SUMMING UP.
Judge Morse commenced his summing up the part
of the defence ut l2 O'Clock After rearkng upon the
importance of the case and the responsibility assumed
by the counsel for the prisoner he proposed to examine
the in s general aspects and relations that the
circumstances standing around and connected with it
could be fully understood That which stood out in this
between the prisoner the deceased up to the time Of
the unfortunate He bore excellent moral
charaster the deceased was his friend and companion
which very important relation in this matter We
should consider the condition of things this evening
There question that the two McDonoughs and
Ayres were in the house Of defendant and had drank,
and had testified that they sober to be able to
give unprejudiced opinion But there are circum-
stances which showed differently Ayres swors that when
men always safe judges as to their own con-
dition after drinking three four glasses Of beer
They also appear to think that there very little noise
in the house and Jet they say that toasts were drank
and disputes from which it Is selfevident that
which were testified to- there must have been great
noise and disturbance there-that is beyond all conro
versyal the circumstances attendant upon the trans
action show this. Here four or five nen together
making disturbance, and the prisoner came down to
preserve the peace and order Of his house. He says
will put an end to this disorder and procuring sword
he waved it, but made demonstration. His view was
evidently for other purpose than to intimdate the
party and restore gooa order Failing IN TINS ne went
He absent but Instant the interval could not
siby have been three or four or even six or seven mi
nues-nO aplrecable time could have ntcrvened. Hav
ing returned with the gnn, seemed Horan at this
near the door, going OUT seeing Brennan he turned
apd stop towards him. One OF the witnesses
testified that Brennan told Horan sMike go home"
'Mke, go away" and pushing him with the gum the
would be very extraordinary that any twelve should
find that the prisoner should have been, in instant
transformed into demon of malice and take the life of
his best friend does not reasonable for him
Immediately afterwards melted into humility is not
to be presumed that the prisoner violated all the
principles of humanity for the purpose of kill
ing one with whom he had been most intimate.
1t is perfectly obvious that of the triggers raised
there be doubt of IT. and that Is the cause of
the misfortune which followed The overwhelming effect
produced upon his feelings mpclled him to give himself
up the officers of the law he did try to the
act which is evidence sucent that he wished to do no
wrong and was willing to abide the consequence He
did not intend to impugn the motives Of the witness
gum but he the of excitabe and fiery race,
and might have made the remark without due reflection
The whole circumstances showed concusvey that there
all absence of intention to kill, the part Of the
prisoner The case appears before the jury is that
there vas NO design intent to cause death 1t was
not killing In legal moral sense The circumstances
every tended to show that the death in this was
the resn Of accident and not design eferred to the
of People Shutter the People Foster and the
People Sulfredge in support Of the right Of man to
act circumstances presented themselves The prisoner
under obligations to keep order in his house, and he
houD IN hat afiops
The fact that Ayrcs had bottle in his hand and was
standing in menacing attitude when Brennan appeared
proved evidence of danger. The prisoner had just
to fear violence but there was testimony which
could raise belief in the mind of any that it his
intention to discharge the gun
Counsel for defence having by consent, obtained the
privilege to introduce another witness to establish
tain point she was introduced at this stage OF the
ceedings and testified as follows -
Ann Kearney, sworn-Am acquainted with Brennan;
resided in his house the Both Of December last did
not think he the bar when heard the report of
the gun: saw him 10 in his own room his wife said:
sIont take the gum he answered that he would do
harm with 1t; Brennan was not over minute in getting
the gun.
Judge Morse then continued his remarks, and pro-
ceeded to show that the Legislature designed to strike
MURDER and thereby intended to reduce entire class
Of common law murder to mansaughter. He proceeded
also to contend that according to decisions in various
districts Of the courts in this State and the authority
of the Supreme Court of this district the facts even
claimed by the prosecution would not amount murder
This law statute books. He referred to
other authorities to prove that the prisoner
not guilty of the crime of murder within the mean
ing Of the law In conclusion he said that the prisoner
bad rested his faith in God and his with the jury
The point of intention failed and that fatal to the
! whole theory Of murder.
Judge Lolcr also addressed the jury in behalf Of the
prisoner, urging them to take into consideration the
whole circumstances OF the case, and quoted several
authorities to that the defendant not guilty of
designedly killing the deceased He reviewed the evidence
Of Conner and Ayers contending that the former who
was barkeeper in Brennans house should be believed
in preference to the latter where they conacted in
their evidence before the court He further contended
that the prisoner doubtless in great state OF
in consequence of the tumu the evening OF the
Array and that he committed the fatal deed the in
stant before his passions had time to cool down. The
| Law met such cases, and IL did this.
In conclusion he urged the acqutta Of the defendant
Of the crime for which he stands indicted He believed
! him TO be an innocent man.
The speeches Of counsel for defence lasted for four
hours and the conclusion Of the last gentleman the
District Attorney stated that he should defer his remarks
| until this friday morning, when the court rose
(NorE-ln the cross examination OF Robert Ayres pub
lshed yesterday 1t appeared that the witness had been
in ai for wear This was an error. He confined