The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-09

part Of the Defence and would be shown beyond the
possibility of doubt that the prisoner had notion
intention to commit the deed for which he stood upon his
trial before this court.
DR. C. L. Cook sworn-The testimony Of Thomas and
William McDonough in the coronor's inquest, is in my
own handwriting; ii was taken my examinations
the testimony contains general relation of the history
of the transaction taken down by me; two ques-
lions only asked by the jury took down the
stance Of Witnesses testimony and not the words where
they did not express the proper meaning.
Samuel Millbank Jr.-My place OF business is in New
York have known the prisoner thirteen fourteen
years last past he was in my employment for the first
years. his general character for morality and be-
navor Is very good my business wss nrennan
contact with him almost hourly.
To District Attorney-Kept up business intercourse
with him since with the exception of perhaps two
years when he was absent at the South; supplied him
with beer.
John O,Connor sworn-Live in New York; resided with
Mr.. Brennan in December last; r-tender; reco
lect the transaction which resulted in the death of Horan
Mr. Brennan left the bar about ten o'clock that nght to
go to bed suppose as he told me to shut up did shut
up there three in the bar at the time Murphy,
Brady and another man. whose name don't know told
them to go home as wanted to shut up and go to bed
Brady and the other man went out; Murphy remained,
and wanted to have drink before he'd CO. said
thought he had enough but IL he would go would give
him one; gave him glass Of wine; just as we had
drank Michael Koran and three young men came in they
sat down by the stove, and said, Let's have
something to drink; gave them what they called for
had drink and sat by the stove with them; Michael Ho
drank toast while he drinking, and Robert
Ayres drank another they had words to which
would not until acquainted with the nature OF BOTH
Ayres explained his and decided in his favor; Murphy
remained there and said something to Ayres who told
him to shut up told him at the time not to mind
Murphy, he drunk; got up and went round the
bar; when Ayres licking Murphy took stick and
got the took hold of Ayres and told him not to
strike; told him to go out and moved away from him;
tie other parties said there fear said did not
want to see him whip any man in the house, put Ayres
outside the door, back again. inside the bar Ayres
in after me, and said he would another time
about putting him out of the barr at this time Mr. Bren
down, looked around and saw Mike Koran hav
ing hold of Murphy; Murphy had strong hold of Koran
Koran showing, as II to make him sit down on the
chair Brennan went between them and tried to separate
them, telling them at the same time to go out OF his
house, they commenced showing each other very much,
when Brennan told them to clear out he'd make them
he then went towards the cupboard and Are at the
time took two bottles in his hand Brennan took
sword out Of the cupboard and stood between the bar
and the oyster stand; the with the
bottles in in his hands his arms raised in threatening
manner; at the time Koran was licking Murphy; at
this time heard the sword drop and Mr.. brennan
going up stairs told Ayres to leaye the door, that Mr.
Brennan had gone for the gum and might fire at him
told him three times to leave the door told Mike
Koran at this time that didn't expect he would bring
any one into the house to fight; they commenced
going towards the door when l Brennan
Of o w s BIS
Brennan pushed him with the gum saying at the same
time, I" Mike go home;" next thing heard the
port of the gum just as the gun went of saw Mike
Koran stsgger Brennan caught hold of him where the
coat burning-the effect Of the shot-sayng at the
the little closet back and went to Koran and kissed
him, and said, "Pve shot nay best FRIEND" Brennan
seemed to me to be crying.
David Pattillou sworn-I know the prisoner have
known him for four and ahaf years. have been intimate
with him. his character for behaviour and orderly
duct Is good; he in my employ about six months
engaged in the wine and liquor business in New
York
Michael Cochran sworn-Am a resident of New York;
have known the prisoner something twenty years
his general character is excellent it cannot be BETTER
engineer.
Patrick Brennan sworn-I live in New York; am ac-
quanted with the prisoner not related to him. have
known him for about fifteen years. his general character
is good for all know heard anything to the
trary; am foreman Of tailoring establishment in New
York. aA fs<a
Alexander Mcdonald sworn-I live in New York, and
have known the prisoner intimately for Eve years his
character for sebrey and industry cannot be exceed
The court here adjourned until Thursday, at 10 ocock
Am,