The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-22
Court OF Oyer ond 1eIminer.
Before Hon. Judge Mitchell

Court OF oyer 0nO xe1mlners
Before Hon Judge Mitchell
TRIAL OF HENRI GLAD FOR THE MURDER OF JAMES
h'KEfNA-AcQufTTALo OF THE ACCUSED.
Get. 20-The prisoner in this case. Henri Glad Is
Frenshn about years Of and was indicted for the
murder of James Mckenns the I'D OF July last, 1t
100 last Twenty eighth street The prisoner alleges
that the act was done In self defence.
The Dis. riot Attorney said that the
pa pe,s In this case and alton Of the var
GUS facts which have bsen submitted to him. ne WAS
satfsd that hs cannot be called technically case OF
murder but his impression was that 1t Amou united to
mans lighter in the third or fourth degree.
James Pugsly, examined BY toe District Attorney,
de sosed that he Ia ornamental mould maker; kuows
the prise mel; knew deceased; McKenns wounded
Saturday morning. between and O'CLOCK on the fousth
floor of the builang No 100 East Twenty street,
witness employed on the second door of the house
heard cry Of murder WAS at tho en- ran 20 of th, sh on
when be hes I'd that cry did not exactly recognize the
voices lid not cay thing TO the prisoner At the
saw the deceased come down the stairs between the
third and fourth stores he held of his by ths
hand while coming down, and said 10 Witness ~
murdered the blood was running ont OF his shrt
sleeve; which was rolled up to the soos Witness wen,
others took hold Of the deceased and assisted MIN down
stairs ADD then went in search Of policeman, but
could Lot fnc one took deceased to druggists corner
Of Twenty seventh street and third avenue, and
there observed that the wounds on the left arm
Cross examined by Mr.. Cnton-Gave evidence At the
CoroDers Inquest In speaking OF the person. called him
the Frenchman because he understood him TO one;
the deceased native Of Ireland deposition before
Q Did you not swear before the Coroner that you
heard 9 scufaes Witness said that that answer was
meant to refer to circumstance which happened few
days previously. .e.gNt ee
Counsel on behalf Of the accused asked II they would
to chow that the deceased and another
Ing wounds which caused tho blood to flow from his
mouth and nose.
lhe Court said It would be iniudicious The iury
might 1t Is true be led consider the act in connec.
tion with the with which the prise is charged
And that what be has done was in ssfdefence; but
the other hand they might infer that the act done
deliberately In consequence OF the prisoners assault
him.
Hospital examined BY the District Attorney, dsposed
that deceased (cKenna) was admitted patient to the
hospital on the 2Sd August he pale weak and rest
the symptoms of person who had lost great deal OF
blood; his left shoulder bound up and tender
ton the only thing found we're the sub cIsvian and
Axi'ary arteries which ulcered through
quencs Of the lgatures that had been applied stop
hemorfhage or aneurism; there number Of
and cicatrces In the ntegumsnt which covered the del
told muscle Of the left shoulder they appeared to be
arm, near tho insertion Of the deltod mu.c i
there was clot Of blood hanging from it; il that
ciot were removed hemorrhage would have set in
had no doubt an artery was cut he aea from hemo,r
hsge from another wound made in the cavica by the
surgeon that incisop lover the collar bone made
necessary BY the other wound be died sunday Sept
u the reason there WAS hemorrhage in the wound made
by the surgeon because there abnormal dis.
bution In the arteries, which could be foreseen BY
the surgeon clot usually forms on the cardal extrem
~ which stops the flow of bocd in this the lgA
fnre separated in three four days. but there
clot and the man died Of hemorrhsge in consequence
The witness vas not cross. examined.
MIR. spencer opened the briefly for the accused,
and called one tpes, named Button the peaces
bic and kind character Of the prisoner and also his
Another witness depoaed to the same effect
Mr. Clinton summed up, submitting that rs there
that tie act d,De the prisoner himself
in self defence He thought it Was not case of
which ih jury might feel themselves u tidsd in acqut
ting him altogether.
sutton, and submitted that though this may be case
FOR verdict Of mitigated mansaughter 1, certainly
was not one in which the prisoner should be altogether
discharged from the responsibility Of the act
The Court charged the jury. saying that the wound
which inflicted by the defendant inflicted in
understand the Law on this The statute saws iha there
must be grounds for the person inAcpg the injury
apprehend personal injury and that the danger him
to what constitutes the third fourth
degrees, which the jury to consider in tho
their not believing that the act was committed In self
defence.
The jury RETIRED and while they were in deiiberation
Mr. Spencer said that Mr. Mitchell in whose employ the
court with this instrument, "a small chissel and was
ready to that McKepns admitted him before he
when the latter stabbed him Mr. Mitchell was in very
bad health and with great difficulty got down to court
BIZ neck was al piast.red over from the disease
under which he laboring and he unable to b
present sooner Mr.. Spencer WAS aware that this
fact vas too late 70, the jury but In the event Of
mAn6ikugbtef being fOun0 In the fourth &C.
gree he submitted for the consideration OF the court
In mitigation of punishment
The District Attorney saii that ahidavits should
be submitted to the court and the aldavits Of Nr.
Mitchell and the prisoner were then put In.
The jury soon after came into court with verdict OF
not guilty
The Judge then said that for their he would
read 10 them the afdavs made since they retired His
Honor then read the adavs which were in substance
what was stated by Mr.. spencer
The Court adjourned to 10 O'Clock, Monday morning
FOwKEs ADMITTED TO BAIL.
Mr.. +. TAlImadge made application on behalf OF
Tewkes recently charged with Oh ooting Wilson, In
Frankfort street. and In whose the jury did not
agree BE mr. ~ undsrttood-indeed 1t Was gene rally
50 understood-that the jury nine ten for
quittal altogether and two thres for minor degree
Of mansaughter Under these circumstancesit not
district Attorney discovered now evidence which would
demand Of him. the exercise Of his ocia duties to do
20 The presen application to admit the party to
bail ON his own rect enhance. He still In jail
Bile to get bail to the amount required COOS bat he
Was citizen In good business, aud With : family He
(hr 7 hnew thst tns matter might be submitted to
the discretion Of the District Attorney but he felt thS
in making the application to the Court 1t would In some
measure relieve Mr.. shepard.
The District Attorney dit not wish to commit himself
In the matter. He would look tho papers again.
event, ofcourso the man would not DO tried again
Mr. TAlmadge suggested bail to the amount OF $780,
together with Mr.. Fowkes'own personal surety.
The Court thought thst would be sufficient 1t not
likely the man would Be put upon trial again. he thought
one would have blamed the jury had they acquitted
the prisoner altogether.
The District Attorney sssented to the bait being a.