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

Kings County Court or Oyer and Terminer.
Before Hon. Judge Rockwell presiding; Hon H. A. Moore
County Judge, and Justices stillwel and stryker.
TRIAL OF RICHARD BRENNAN FOR THE MURDER OF
MICHAEL KORAN.
SECOND
Thomas McDonough recalled endeavored with my
brother to get Koran and Murphy apart had hold of
his coat; Murphy not moved when pulled Koran
away; did not observe how the barrOom lighted 1t
seemed to be pretty good light saw light in the back
room.
Robert Ayres swornOn the 30th day of December last
resided in Sixteenth street. New York; never saw
Brennan before that day; was in company with Ho-
the evening Of that day. it about ten o'clock
when we came to Brennans Koran, McDonough and my
SELF from another place; had drank twice before came
there; had been at Horan's, where drank glass Of
beer and the road to Brennan had another drink ut
the solicitation of Koran; man named Murphy and
bar tender in Brennans when came there never
them before; Murphy sitting a chair the
bar; sat down around stove for about ten minutes;
called for drinks we drank toasts when Murphy inter
advantage of me- did not know him; he got up and said
he big fellow as was, and he could beat me;
after that struck him. and believe knocked him down.
after he got up Mr. Koran got hold of him and put him
in the chair; Koran said shouldn't strike me; be-
be to ss
him; he appeared to be anxious to fight; Murphy
held in his seat about seven or eight minutes, until
aoe ern at that time was not confined to any
particular spot doing nothing when Brennan came
crossness" there; believe that what he said;
don't know whether Murphy made any reply or not;
Brennan went into back apartment to closet and took
picked two bottles from oyster stand them when he
into the barroom towards me, told him to lay
down his sword we had come into his house for drink
would 20 out; 1t not fair to weapon; the
door of the closet opened towards the bar behind when
he came out he looked in the face and looked at him
too stood looking at each other for few minutes told
him If he'd stab anybody with the sword that would
strike him with the bottle he said nothing to that but
he held up his right hand the II to fight he
gone from Ave to seven minutes saw him coming
down in the entry way noticed him ing MS gun on
that he cooked both locks; it percussion lock gum
he in view Of the light while cooking it, then
away went out Seventh street. towards home heard
the report of gun; had gone about half block when
heard III then turned back again; heard William Nc
nonough whistle and say Michael Koran shot, when
came back saw Koran laying dead; did not see Bren-
man, believe the barroom lighted with gas can't
say exactly it was good light after returning stayed
for Whalen; about two blocks OF; found Whaen
came back again to Brennan's house; stayed but
ing knew Koran WE'LL knew him in the Old Country; he
was a sober, good tempered yonng man.
Cross examined-I don't know my age exactly; may be
twenty years old twenty five years, Perhaps came
here from Ireland about two years ago. have lived in
New York since to this country; / am q mason
can't say whether have learned my trade yet not
have been at trade about year. year passed in
twice after that he is older man than me: Thomas
McDonough in the boat with that evening;
don't think drank anything before coming to Williams
liam McDonough there, and went to Horans; stayed
there somewhere about an hour from Horans we went
to mans house, but his name don't know; both Nc
drank once; don't know to the Others then went
to Brennan's at Brennan's took chair and sat down.
bar there and utensils for drinking, stove with
fire In It, and saw Murphy there; don't know who
first spoke; frst thing remember Koran asking
S sns t. : .r to e. Sss
best friends may fall and raise again Expana
ton that beef bread and drink should fall In price and
otn pofc~
ply asked who did mean-if meant him, something
like that; he stood up then and wanted TO Aght told
the bar turned go home both of were standing
them don't know whether the others stood up not
Murphy spoke to me nrst; don't know what he said;
tel him did not want anything to say TO him. he then
drew towards II to strike and advanced and
struck him; believed him TO be pretty near stupid
drunk and he could not speak that could
knocked him down; few minutes afterwards saw him
up; believe Koran drank toast; the company said my
was the best that could be drank before Brennan
came down the barkeeper came out with stick in his
hand and said he would have no noise; this after
knocked Murphy down.
tween Second and Third streets about two blocks and
half from Brennan's house, knew Horan the deceased
Mytes and the Two McDonosghs was in their company
stayed there about twenty minutes went to Michael Ho
rams house on the corner Of Fourth and North Sixth
stayed there about hour from there right back
to where lived with the party Of them came
into my house; went down then towards the ferry
where Ayres proposed to take drink; Michael said he
had friend on the corner and we might AZ well have
drink there then went up to James Dufy's corner
of Seventh and North Second streetswent and Robt
Ayres called for drink; believe four Of them drank
beer and drank sarsararla remained in Duys about
an hour; there two rounds of drinks; can't say
whether they all drank not II some three minutes
after 10 O'Clock by Horans watch when we left; the
party then agreed to 60 home went far the door
with them, where We parted when left them all were
perfectly sober in appearance; did not Brennan
that night.
Mary Kearney sworn-On the Goth December last
lived in Brennans house. in back room second oor was
at home during that evening; heard noise down stairs
the by the moving Of chairs the noise not
sufficient to excite my particular attention. heard the
report Of the gun, and did not 60 to bed until two
O'Clock
Cross examined Brennan has q wife and two chill
dren.
Dircct-Mr. Brennan had gun which he kept at the
head Of his bed when saw IL, about Christmas last
The prosecution here rested.
EVIDENCE FOR THE DEFEHCE.
Judge Moore opened the for the defence In few
remarks In which, after reviewing the laws relative 10
murder and manslaughter In their various grades held
that the evidence Of the prosecution did not aho that