New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-20
ter the opening statement OF the District at,or,sv ,b
Mllnesees for lie nrnsnl ufnn xecra cnIIna -

VIC opening statement of the District Attorney the
"nnestes ior the pr0seo uton were called.
Jchn Lockwood testified that be me. Hughes and I,b ~
a. INC Exchange Hotel In Garrison st. abou, II o'clock on
.he eyenng of the 22d Of April Lahey ras intoxic tie
nome he promised that be would after they took drink
and 80 went down 10 Schmidts the place 4 not kent AS
tavern; hey went In and Lahey asking Tor Mr.. Shmlt
was told that he wasoUt by Mrs Schmidt when they went
mo the room where number Of boarders erma1s and
itanans were sitting; Lsbey ssked for liquor which wa,
reused but eventually Mr Schmidt brought IN dsni.
ohn ana poured s contents into iumblers th-ev
BIS upon The floor and then I'd for more aud invited all
10 orink but they refused Lebey then rot into an nrru
ment with one Of the Italians aud struck him; witness
caught Lahey by the shoulder and ran him out shortly
after Hughes came out followed by the boacder- and a.
he got 10 The door he said he stabbed The three than
"ehl oh 10 ibe Exchange Hotel where Haghess coat w4s
taken Oh and 1t was se' that be stabbed; lac was
afterwards conveyed 10 bis home at No. 81 Ad.ns.st
Were he was attended by physician be died the
wednesday following.
On his crOss-e1alnpston the vilnes. stated that
Hughes and Lahey were members OF Engine Company
10 l, but he did not belong TO any company he
Eniie used on the evening in question.
fatnck Labey, sworn testified that he met Hughes al
o'clock tina. night in Prospee;-s; and got GanDsOns
tavern about ~. where they met Lockwood; witness
was intoxicated he invited Hughes and Lockwood to 60
10 Schmidt house although he no. in the habit OF
visiting there. The remainder Of his evidence
robora'ive Of that given by LOCKWOOD
John A Cochran, NJ. D. testified 10 having examined
the wounds OF deceased there three upon the upper
part of the body ons in the abdomen in his opinion
the latter wound caused be death.
Ann Campbell, a in the house Of Mr.. Schmidt,
testified to seeing MOdaci and another graphing bu;
Yves unable to identify either o, the party.
Officer Angus Of the Second District Police testified 10
the arrest OF the prisoner aud that next day he brought
him to the where Hughes lying Hughes identi-
fed Modac as the man who stabbed him deceased was
very weak at the time.
Previous to the examination OF Lock wood the District
Attorney read the deposition Of Hughes made on his
dying bed in which lac fully identifies Nodaci the
who stabbed him.
Several more witnesses examined but their testi
mony not important. and the prosecution rested.
Counsel for defense briefly addressed the Jury and
called the following witnesses:
Anthony Schmidt, sworn-Testfed that the night OF
the god April Labey to his house and asked him to
drink witness drank to pacfy him. Lahey went into his
bedroom telling witness be wanedto talk to him at first
he refused but finally went in Lahey said, Schmidt
you old bugger IL you don't give me extra drink,
a. III make in the house, Lock wood tried to get
him away but he would not CO. and threatened to blow
out the lights and kick up Mrs Schmidt offered to
get him coffee but that would not answer; he then
went Modaci and asked him TO fight; Modac told
him he would nOt he then went round asking the com
pany to drink which they refused, and hereupon he
struck man named Ferracc in the face Lockwood and
witness brought him 20 the hall door, but he came IN
again; shortly after, Hughes and Lockwood came out
no stabbing.
On the cross-examinaton of this witness, it appeared
that Lahey tried upset the table which the lamp
stood after having been told by Mrs Schmidt 10 desist as
il was filed with fluid, and was dangerous.
Catharine Schmidt sworn-1s wife OF above witness,
and keeps boarding house at No. II James-st Lahey
to the door on that evening, and asked Tor Mr.;
Schmidt; she told him he sot in and they could not
see him. when they followed her into the room She de-
tailed substantially the state of facts given III the
evidence of preceding witness She saw Hughes have
hold of AntoH by the throat and force him over against
the window AntODis eye presented confused appear
ance; she came up and told them TO desist when they
went away.
The Court here adjourned till this morning at 10 o'clock