The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-20

tine mu1osf q ns WE ~ Uo1ouy oeeUnG ana nck1n8
her. on the hrst Of August, 1854. as Ne LIS Hester
street.
The following jurors were sworn
JsmsS Nu..oc' Gscrrs Vssd
Dennis MeKisrpAa, James y. Creehsroa,
Thomas Warren, John uddy,
Thomas Smth. Henry james,
Waller l. CAnds, Lumsa B. Wig.
Tbs District Attorney opened the fer the people
The testimony Of DR.. O'Donnsn for The defence was
permitted to b first taken In consequsnce Of the indis
position Of ths Doctors wife, II merely won't to show
that the prisoner whom he had known for ten years.
was man OF sober and psacsabIs manners.
NJ. B Philips who appeared 70. the accused. ask
Known htr since she child.
Q. What was her character % to Aobrietyf
Objected to and ruled out.
prosecution and examined By the District ATTORNEY BE
deposed that he knows the prisoner he lived In Hester
street At the time Of This shair knew Cssn.rins Nc
Mahon; lived about two months In the same building
with Patrick Mcsahoni occupied the attic room; ths
The attic heard noise Arst; Patrick Mcmahon had
homo 70 disnsr could not toll what time Of day.
should think the usual dinner hour which call II or
O'Clock; heard the loud noise in AchAhons place,
and then licensed; then after some time, heard 1t
again; opened my own door and wsh out; saw him
my door caught him in my arms to pacify him, and
wanted him not TO abuse her. he then seemed to 30 pac
fed ia turt ing in out can't say which he stamped
her with his foot can't say whether with ths ons or
the vo feet when came ont he appeared to have hsd
her tire back Of the head the back Of tie shoulders
be OF standing up; she was kind Of sitting whom
he sts ed der she laying down. saw nothing
else tale place; walked down stairs and didn't stay
Il e,e mere than 10 Is minutes till came up agan
osx sss ' sstwsn ths times sss1d
loud words snd the sec,nd loud words, for
fell into kind Of heard had s.sc
all heard her say to him was not to strike her It
ro loud not very easy my door was shut and
stop sDd not strike me' noticed blood on the boards
blood upon her, about her sse and neck can't
whether it her forehead or her face or her lips
but II her face what said to the prisoner was
begged Of him. for Gods sake not to strike her. when
heard the loud talk to the best Of my opinion it
her, he was in his shirt sleeves and overss; he had
either shoes boots his feet the appeared
be quite nssnsible don't know whether the prisoner
til the officer brought him back; when Mrs. AcMahon
was nssnsibe, she tidnt make any noise that could
hear.
Cross examined by Mr.. j. B Philips-I had not been
At work that day didn't go to work bee didn't
feel WE'LL had something to drink during the morning.
been on . spreef A. had been drinking eosd deal;
that what the matter with me; saw Mrs. Nc
Nahon that morning, bsfors Patrick came home to din
ner; she in my room can't say thst she quite
sober, because her drink can't say that she
quite dsupk; she took drink with me in my room;
could not say how often shs drank with me IN my rsom
not which drank; could not exactly say how Of
tan d ank that morning before Patrick came h,me;
tai pretty good share; my wife drank With her 2rs
McMahoD) my wife wasn't sober % long IS she drank
she wasn't quite sober heard people speaking Of Mrs
Mcmahon falling down stairs that morning, but didn't
it; did not her lying down before Patrick
hon wasn't out Of my bed the Of the drink ct
an e Tss n: %
Mcmahon had any dinner prepared for Patrick whom he
came home; did not hear noise a. if Mrs Mcmahon
had fallen down. before Patricl home don't know
where wife Isl have not seen her these Ave or ok
weeks; have not endeavored to find her; Patrick
not utrg any violence towards his wife whom he had his
to lift her ups A. den't know which. WITNESS DE-
scrbes the position in which the prisoner had his VIE
BY the back of the neck and her head leaning against
his stosch) The prisoner stamped on her a. he was
passing by to 60 out or in his room there wasn't many
days didn't Zee Mrs Mcmahon; don't Iecolect II
Q Can you rocollect day when you saw her sober
A. Well, couldn't say; she and my wife. for all know
ust d 10 drink when would be out.
Q Wss The not an ntempsrats woman?
ahe District Attorney objected.
Mr. Phillips saidThe theory Of my defence is that this
was an intemIerate woman and that she fell that day
snd injured he, self by the fan
70 the jury Wien laid . hold Of the prisoner
ard hid him rot to beat her, didn't BIN do any
thing before that; think II her bowels he
stamped
10 the District Attorney-He didn't do anything in
respect of abusing her when he had her BY the back
the head; saw her in the hospital dead.
he istrict Attorney then read the dispositions of
RCs0 G2fiaRher, the VIE OF the last witness
John +. Gsntz, police officer, deposed tht he went
to the residence Of the deceased several persons
there standing the stoop asked II the prisoner
notl ing some women put their heads out of the win
dow, and asked me to 60 up said II the man had been
beating his vii. to send her down they said shs could
not Gomez tol1 persons who there to stand
by the man, and went up saw the woman lying, and
number Of women round her; saw . wound under
was cut and there was q wound on her right cheek
she was speechess; the women were washing her With
water her eyes closed snd the blood f,wed free
coming up the stairs directed the people to send for
physician, ard took him into custody; he asked for
sn he had @ s
eaid he home to his dinner and there din
ner provided for him. and she was drune and he only
medatsy returned after leaving him ct the prison
the physician had not arrived when he came assisted
him In taking her into her own room, and put some
thing under her head and the doctor to
anime the Wounds he dressed her wounds and gave her
some stuff and We obliged to rub her throat to
Witness snd another man helped to carry her down he
(he last witr ess) seemed II he had been crnking
the body was carried over on bier; went with him;
be incapable OF assisting to carry her. he seem ed TO
understand what he about for he wanted to know
how much he was to be PAID for it.
The Court-Would you hsve entrusted him and
other in the same state to carry the body A.
would except from hts extreme igno:snce he seemed TO
To the District Attorney-The prisoner seemed to BE-
under the influence Of liquor.
DR.. wright-Saw the body Of Catharins Mcmahon; abs
brought to tho Hospital the LIST Of August about
or O'Clock; she was insensble and had symptoms Of
compression Of the brain made . post norton
animal 1t disclosed clot Of blood under the
brarc Of the BRAIN the right ride OF the head
considerable violence that side Of the head the
Of the injury; she died from conclusion Of the
brain, about two or three O'Clock next morning.
Cross examined BY Mr.. Phillips-I other inju.
es sufficient to cause death; there fracture;
the injury causing the ooncusson Of the brain might
O. Would not such an injury be moro likely to prove
fatal to person Of ntemperA.e habits2
A. Any injury would be likely to prove fatal to
reron Of incorporate habits; did u examine the
stomsch and cannot say abs person Of intempe
rate habits she had slight confusion the side Of the
hip, but the stomach; the bruise the hip
about the size Of quarter OF dollar; 1t might ha .
been done by fall or q Sigh kick.
The for the persecution here closed Mr.. Phillips
said he should not trouble the Tourt with any formal
opening but pr ,ceeded to examine
In McCready who depcsed u ct he lives In Brooklyn
laborer know the prisoner; kusw his wife Gath
arne; was at his house on the morning of this occur
e. between ii and IL O'Clock; his wife,
the boards or on the bed can't say which there was