The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-18

bling him with knife In Dover street. Sunday Octobsg
TO- 1853 The deceased about n years Of ags and had
been drinking and csbauchins spree with the pr.
and anohsr man. and quarrel sasusd from some
the diseased in the ssssst Nth psnssiss '' ''-'''
Tnsfollowing gentlemen were sworn ON the jury
John Pullman, Chas. Chasmer,
John H. Jagsl, john E Quackenbos
Albert McC0rd, John NcKeeson.
Js. Mexican. VIM Q: nsgss,
Dennis Andsrs, Deniniok Mcguire.
Tbs Dsrct Attorney opened the for the prosscu-
ton, and having stated ths orcumstanoes which no
pectod to by Witnesses, remarked upon the fro
qusncy Of abbing In ths city and announced the
fact that the Grand Jury, 10 session, dnding
Court more rap dly than they can be dis ,osed Of.
George Alien was then calei, and Opposed that he
the pronsr and the deceased the Sunday morning Of
the occurrence; looking ont Of the window, No. IL
Dover street. the decsaseds head ths frss time
them they were tusssling; next saw them on the
Bis coat and vest and got through the and vent
ct Davis again. saw them clsnched together again. Davis
holding pscaer ~ the hair Of the hsad and both fell to
the ground heard deceased say smith he prisoner)
would not let him alone he would welt him they we're
again separated; said to Davis 'You had bet
said from the window, sYou had better up STAIRS
Davis raid " there Il no fear, he won't come
as.inn then saw some person helping the prise to
put his clothes and smith said something about be-
fore 20 10 sleep but did not hesr what IL VAS the
prisoner shortly after into the middle the road
put hs right hand into his trowser pocket and took out
knife, which he opened, and up to he dec sased
saving .You son Of BIB IN have your lfe'' he made
stab q the deceased but missed bis aim; he then re-
seain and stabbed him In the breast he reteasd back
second time and fell into cart before the door the
tod smit to shut up the knife before he did any
misohef he shut 1t up and gave 1t to some one near
him.
Cross examined by Mr.. Spencer.
James DoDnelly, examined BY the District Attorney,
eeposed that the prisoner bad knife ia his hand AMI
ran mp to the deceased with it, whether he stabbed hn
hen do not know he returned back far thu
curb stone and to him again ana stabbed him;
he rereated far the shafts OF cart and fell he got
up; the bysanders said, knock hin. down but no ono
went him. and he shut up his kaife and put In his
pocket NJ Kennedy and tnsn vent up to him and ar
rested him. brought him far ~ Roosevelt street, where
We gave him into the custody OF police officer
TO Mr. spencer-It was common, ordinary pocket
knife.
To uroYA few seconds elapsed after they were sepa
rated before the prisoner across ths street at de-
Jacob Young examined by District Attorney, deposed
that he ths difficulty prisoner and the deceased
began to argue about two dollars and hslf smith said
to avis twill You In and have drink" Davis said
yes but that he would drink at his own EXPENSE they
went and came OUT they went as far the corner
Of Dover street. they had hard words toEsthsr Smith
the head and kept him down davis said keep slear ome
you are only boy; If you were man would lick you"
Smith chucked down ave dollar COLA piece aud Davis
California ten dollar gold piecs they began to
again; Smith said, want to dght that big sucker he
took Oh his coat and vest and at Davis took his
Clothes both clsnched man, named Bro wn, went to
part them and coudn't dropped the things aud went
over and separated them and told Davis to go across
street; Smith put on his vest coat &c he had knife
in his hand and told him to put 1t in his pocket sung
QUITO Davis to go In the door, Is told him Smith had
q knife in his hsnd Smith to the sou theast
corner and made stab at him and missed him. he made
another end stabbed him in the breast through both
and could h.rSi, GET up as Il he was drank tbs Don
of the knife broken; said to him, Givs me that
knife; you have done enough with it, he shut it lad
gave It to Nr. Carney aud Donnsly went and
arrested Smith; looked at the knife; there inch
end quarter Of blood side OF this blade AMI
policeman; ii was white handled knife; Is Carney was
taking Smith up Water street, Davis jumped from the
to Davis, sYou are stab oed s'No am not stabbed .
said hs just they turned Roosevelt Stress Davis said
stabbed in the right breast he taken % thu City
Hospital.
bad bsen chaering about girl; Smith hid been drink
Dr. Thu,ston deposed that he is senior assistant sur
gecn of the New York Bospai assisted .. tue pos.
norton animation Of the deceased he had reserved
wound which had catered the lungs and touched the
ssst tbs Wound was snou. dous Sshss Sss ne died
1885, he was brought there think on the 10th OF o.
iober.
surgeon ut the time OF this pot norton examination
such since the LIST of March last the body in the
dead honte 1t the hospital ma seea iae man ativs 70
or three times in the hospital; never cav him before
that.
Ir. Hilton depoaed that he held the inquest on the
body of Jaloes Davis; there knife produced there;
the prisoner voluntarily tod that it his it
white handled kpite oud judge the blade three
inches and half long; made an external examination
had the knife but II was lost 10 the fire which harmed
the Law court buildings.
1he district Atorney read the examination OF the pri.
before the Coroner, in which he said that he
under the influence OF liquor at the tms and that the
deceased add he we're great friends.
The case for the prosecution here closed The d..
PENDANT cid not call any Witnesses, and Mr. spencer pro
eeded to address the jury on his behalf BE contended
that evidence had been produced to establish the
death Of the deceased from the wound alleged to have
bean inflicted by tbs prisoner or to show that his bosy
spoken Of the dead house Of the Hospital that Of
James Davis Mr.. Spencer then commented tbs evil
deDce and discrepancies which he said appeared
bet the dispositions before the CcroLer and the
timopy before this court In conclusion he argued that
tbourh drunkenness not excuse for the act,
was Ia connection with the absence Of any i'll will
or premedtatsd design, mitigation Of the offence.
Dir. Shepard. District attorney, summed up the case
for the prosecution He the strong circum
against the prisoner Of hts having boon present
tefore the jury where the body Ct ths leased
might have been and that he did not oeny that the
body that Of Davis and also Of the fact tes
fed to by of the witnesses, that he had the
deceased both previous and subs his death
therefore, the argument of the counsel for the defence
stabbed was not sstAbshed went for naught The Dis
trc Attorney quoted authorities to show that drunken
formed sort Of paation eKtenuation for tbs
commission of crime pressed his belief that the
jury could do nothing ess in the case than return
verdict of murder saainst the prisoner.
Judge Mitchell then charged the jury, explaining the
which drurke and passion may legally Be regarded
as affec'iDg the commysicn Of . crime.
The jury retired at about half past two o'"ock /.
Ocr. 1.-The jury, who in dslberaton all night
had not yet agreed to a verdict They into court
AMI asked the Court several qu sons t, the and
the evidence which his Houor answered. and they again
retired.
At quarter past O'Clock p N they again came ints
red ard; ~ Il th1