The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-08
nIRDER TRIAL n BROOxLYS.
Trial o. John N. T.. Tucker for the Murder or
his Child.


his Child.
KINGs COUNTY COURT OF ov.R AID TEsaISER.
Before Hon. s. b. Strong H. A. Moore, County Judge
and Justices StilweIl and Stryker.
SECOND DAY, DEC !
The Court organized about IL O'Clock. The prisoner
appeared about the yesterday, there being
apparent difference in his department
The jury having been empanneled the day previous,
the District Attorney opened the and said that the
prisoner the bar had been indicted for the greatest
offence known 10 the law treason only excepted. The
indictment charged that the offence committed in
this city the I'd Of August last upon the person
his son, Vincent Tucker by infiictng mortal wound,
By cutting his throat with The child was
young three four years old The murder took place
in Atlantic street. between Bond and Nevins defendant
and family consisting Of wife and children had boarded
this for three four weeks previous to the
transaction 1t seems defendant and wife had been ont
that evening and home the husband in advance.
They occupied a room in the third story Soon cries
aud calls for help heard occupants thought
nothing than the father chastisng the child
shortly after there cry Of murder the other
occupants up; found the door locke they rushed
and found the child lying the floor with its throat
cut. One him seize his wife by the throat, and in
aict wound upon her with the same instrument. They
succeeded in preventing him from nfictng inju-
ries and he after arrested. There one
IN the room but the husband, wife and two children
This is the whole history OF the There only one
witness whom we can call--the eldest child but we
shall not unless forced, bring him upon the stand.
There is another witnessthe wife--wlo the whole
naciion but she ia exempted by law from appearing
against her husband as witness Now you see what
difficulties lab0ring under and that this is
~ which i will be necessary to prove the deed by cir
cmtaa al evidence The killing of this child at the
place where 1t occurred and under the circumstances
tenders it impossible to prove the murder by direct
dence. He argued that the killing premedta ed;
that the party who inflicted the blow meant il bring
about death, The nature Of the act the way il was
done shows that II was designedy done For a man to
take up child in his lap and cut its throat with q razor
shows reconciliation and design He meant TO do wha
he do do. He supposed that jealousy had something
TO do with this case; that the hostility in his bosom
towards his wife reflected upon his child. But
further than that the of this transaction beyond
al controversy was rum, and that led him to the per-
petration OF this unnatural crime The prisoner had
become an incorporate man; should judge that lac was
easily excited and led to extemcs-and the jury
could easily judge what influence this had On the
evening the murder committed there is doubt
that the prisoner was drunk II the at the time
was IN drunken paroxysm he is responsible for the
sudden combat there was nothing which cou.d have
beeno by the child TO excite his passion to such
degree II was therefore premeditated act. The pre-
sumption Of the law is that is sane and it win
therefore not dcvove upon the to prove him
20 This must be proved by the defence and, il so
proved, he is irresponsible. The question is, did the
know at the time whether the act was right or
wrong With these remarks, shall call the witnesses
in the case.
Rachael Meyers sworn-Is the wife Of John B. Meyers
lives at 4dS Atlantic street knows the prisoner occupied
the house the prisoner lived there the 4th August
lived there three weeks Mrs DeNyse keeps the house
the prisoner family consisted of three chdren-two by
his present wife and one by his first wife the OF
the by his first wife is Florence the two others
Vincent John Vincent about two anda half years
old John mere babe about eight months old Flo
is about eight old the house is three stories
high sets back somewhat from the street the prisoners
family occupied tie front attic in the third story
witness occupied first ioor the other ami
lies were Mrs vandegraw and Miss vandeeraw who oc.
e n Hen
Spader resided with them; there two adjoining
the third front floor Cornelius Myers occupied
the room beside Tucker Mr. Henderson occupied rear
floor; think tho transaction occurred on
Wednesday, "a August; attention first called by
the floor 1t something like cries for help: it
about O'Clock in the evening" the voice that
OF female; seemed like the voice of the wife; thnk
she cried murder; Mrs DeNyse and went out into
the front dooryard and looked up the window in his
room; prisoner hanging by the sill of the single
he %as y he Ii,
body out of the wncow he and went again
there was hight on the window sill where his wife
went 10 the back ROOM first floor, and called
my son. telling him something dreadful going up
stars
o. Did you hear Florence cry sob father don't cut
ms throatsn Objected to.
Did not Tucker until two officers brought him down
stairs saw Vincent about one hour after the
prisoner and wife were not at home all the evening
went out after tea about o'clock, Immediately before
heard the noise; never in defendants room
Crossexan ined--Prisoner purchased toy that night
for Vincent.
Cornelius Meyers sworn-Am stepson Of last vii
ness; know defendant: be nj home the evening
Of the occurrence II occurred between and eleven
O'Clock; The first heard crying up stairs.
children and woman; she said, John what have YOU
done5 the expression was made after fuckers arrest
the noise listed few minutes; il quiet then for
minute or two: Henderson, DeNyse aud myself started
70 up stairs heard shrieks and crying OF and
children; went To the door of Tuckef's room it
Locked DcNyse put his foot against the door and showed
it in; vent in Immediately after he did saw fucker
VIII " v he chi 4
laid On the floor at about step from the door
the floor was covered with blood; supposed It
pcared 10 be knee; had a razor in his
hand; Il was bloody identified razor plunged on
the razor he got up and made rush at his wife, the
razor still in his hand she standing in the other
corner of the room; he caught her by the throat with
his left hand and cut her with his with the right
cut her in the mouth, chin and necs did hear him
say anything; caught hold Of his right wrist and suc-
ceeded in preventing him from cutting her any
Henderson took The knife from his right hand his left
still having hold Of his wifes throat had TO choke
and LICK him TO break his hold from her neck when Che
officers came and took him away went down with the
officers and prisoner as FAR a. the foot Of the stairs he
had considerable strength at the time of his struggle
bad seen him at the table could not his
nance to distinguish the difference; il all covered
with blood did not hear Tucker make any remark while
in the neither heard any address him Hender-
took the In his and laid Il 90 the wash.
stand don't know who took il 10 the station house
the child was not dead when first weot into the room
James d. J. DeNyse sworn--Iises at ioS Atlantic
there two weeks the day OF the murder TUCKER and wife
went out together after tea but lid return together
my attention called to what going on M stairs
went up twice frst time went mp everything was an.
parently quiet in tn. had heard child cry going
up the steps and went down again; next heard
say that Tucker was getting out of the window looked
but saw nothing OF him; went back into the house and
heard cry OF murder up stairs: the voices appeared L.
be from females; went up with Meyers and Henderson,
STOCKED but got no answer noise IN the continued
while knocking they cried help murder =
don't know whether the door locked not; never
found the key from that day to this entering the
the little boy with his throat cut living on the
floor Tucker had hold of his wies throat she was on
the floor and he her. Mr. Meyers fret grsppIcd
with Tucker prisoner said they trying 20 murder
him; he said the same going down stairs; saw
him az tire tea table that evening; appeared to he
10 bad temper, he tried 10 cut Meyers while in the
room graphing with him: had observed his appear
ance for some evenings he appeared like . man in
toxicated Objected to and ruedout) Mornings he
calm and quiet and evenings he appeared to be exc
he seldom engaged IN conversations one would argne
with him as he appeared to be hesdtrong; every
evening he seemed anxious 10 get up argument o:
some kind went out with him several evening saw