Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-09-17
The Sea.view House Murder-Trial Of
james p. Donnelly,

The trial Of James P. Donnelly, for the muir
der Of Albert 8. Moses at the Sea- View House, at
Long Branch, on the Isl Of Angus last, was com.
menced in the Monmouth County Court of Over
and Terminer, at Freehold, N. j., on TUESDAY
last, Judge Vredenburgh presiding, with assist
ants Judges Forman, Throckmorton and Clifford
A large number of persons were attracted to
Freehold by this event, and the court house was
thronged with spectators.
A few minutes after the assembling of the
Court. the prisoner Jas. P. Donnelly, was placed
at the bar. He is fine looking young man was
dressed in black suit; Is rather above the ordi-
nary height He looks pale, but appears to be
perfectly composed On arriving within the bar
there was an afiectionate meeting between the
prisoner and his father, Peter Donnelly. and Mrs.
Cousins and Miss Donnelly, his sisters, who are
seat the table occupied by his counsel, A. C.
McLane, Esq, Of Freehold, assisted by Joseph
p. Brady and George Pennington Of Newark.
The State is represented by G. Joel Parker, Pros
ecutor Of the Pleas, and the Hon. VIM. L. Day.
ton. Attorney General.
The Court was not occupied over an hour in
impanneling the jury. There were twenty one
challenges. After the jury had been impanneled
the Prosecuting Attorney, Mr.. Parker, addressed
the jury as follows:
The Indictment just read charges that on the
Donnelly murdered Albert 8. Moses, at a place
within the jurisdiction of this Court and II Is for
you, under the obligation of an oath to inquire,
determine, and by your verdict say, whether that
charge Is sustained by evidence. This Is indeed
a solemn duty-this an important trust.
Approach its performance, therefore, gentlemen
with every unwarranted sympathy excluded, with
every feeling Of prejudice entirely eradicated from
the mind. At the very threshold of this investi-
CATION the thoughts Of each one should be turned
within, to ascertain that the mind be perfectly
free and open to receive the impress of truth II
| is truth, and truth alone, we seek
The prisoner at the bar is a stranger He has
probably. never before looked upon the face of a
single one of you who have now in keeping his
life. | know that with you this will not preju-
| dice his case. God forbid that the State should
ask Monmouth County Jury to disregard the
strangers rights. But while the stranger is en-
titled to the protection of our laws it must also
| be remembered that he is equally with ourselves
subject to the penalty of their violation whatever
| that penalty might be- 1t is my province gen.
tiemen, In opening the case to state as briefly
possible, and in general terms, the substance Of
the facts we expect to prove.
We shall produce evidence bearing upon the
motive. Although it is not necessary to discover
the motive when the crime is proved, yet the mo-
tive, when discovered, often sheds a food of
| light upon the whole transaction. We will prove
that on wednesday, the 29th day of July, a gen.
| tleman deposited with the defendant, who was
book keeper and clerk Of the ''Sea View House -
the sum of 800, until he should return from New
York on Saturday. the LIST of August; that instead
Of keeping this money in the safe, defendant had
it upon his person, used it, lost more than half Of
| it in gaming with Moses on Friday night, and
| that Saturday morning, the LIST of August, found
Donneily defauiter, an embezzler, a ruined man
unless the money be forthcoming when the owner
| arrived. The telegraph was at hand-his dis
| charge from employment and the reason therefor
would in moment fash along the wires-the
press OF the Empire city would transmit the news
of bis disgrace to every point of widely extend
| ed acquaintance, to every one united to him by
the ties of friendship or of blood. The choice
was between the certainty of exposure of lesser
crime and the chance of not being discovered in
| the commission OF greater, and that choice was
| to be made quickly.
Between the hours of five and six on the morn
ing OF the LIST OF August last the inmates Of the
| Sea View House, at the Highlands in this coun-
ty, were aroused by the fearful cry of murder A
| man in his night-clothes, covered with blood
was seen in one OF the halls i'm pursuit of some
one who had escaped reeling for a short time from
| exhaustion, and then Fastening to reach his bed
| which proved bed of death The proprietor of
the house was soon at his side; he found Albert
s. Moses weltering in his blood, with CHASTITY
| and fatal wound upon his neck, Of which he
| shortly died. No weapon could be found The
wound was OF such nature and in such a posi-
tion as to forbid the suppositon that il was self
| inflicted. The fatal stab had been given by the
hand of another and that recently for the current
of life was still flowing out with fearful rapidity
| The murderer had just left. The footprints Of
| his crime were fresh. Where had he fed Guilt
drives the assassin from his victim, gives feet
ness to the step, terror to the countenance trem-
bling to the limbs, unnerves the whole man
| Conscience makes towards of us all
| Guided by this index of crime, you would rea-
| sonably expect the State to present before YOU
| evidence that immediately after the murder the
| guilty person fed from the scene of blood This
| we expect to do We shall prove to YOU gentle
men, that while the cry of murder was vet re-
| sounding through those halls, the defendant was
seen in the utmost trepidation running from the
house. His flight is for a moment stopped by
smith, the proprietor, who vainly endeavors to
| ascertain the cause Of alarm Donnelly stands
before him with quivering frame. We shall then
| follow him in his flight from where Smith leaves
| him, TO building in the rear of the kitchen
where quantity Of worthless money he was
known to have, is found-thence to the east Of
| the back building, where he picks something
| from the ground, and scaling fence upon the
| eastern boundary of the premises We see him
| running down Schenck's line to plank walk
| below the hill, and thence toward the river. We
| shall follow him, step by step, from the time
| Smith met him running from the house while the
cry OF murder was still ringing in his ears, until
| Martha O'Neil loses sight Of him below the hill
by the river side We shall prove his conduct
upon returning, his change of dress his delay in
entering the room Of the dying man, his agitated
| appearance, his strange expression and guilty
conduct before reason had time to resume her
| sway, and self-possesson was recovered
| We shall also, gentlemen, inquire by the proof
for the weapon that did the deed. 1t was done
| by dirk, or some such instrument. We will
| show to you that the same person who seen
| In rapid flight, as soon as the fatal blow was
struck, was the owner OF weapon that would
| inhict the wound. Two days before the murder
| DOnnelly had the dirk. 1t was not in his possess
sion after he returned to the house, subsequent to
the murder. 1t has never been found nor ac-
counted for. These are, in substance, the cir
cumstances Of the case, the proof of which we
| expect to produce. There are also other facts
| that time will not permit me to mention in detail
which, together with the declarations Of the &C
cused, point to the same conc fusion. But our
| proof does not stop here. Besides the evidence
OF circumstances, we shall bring direct proof.
The victim was permitted to live long enough to
| give the history Of the deed. He saw the assas.
sin as he left the room-he followed him into the
| hall--he knew huI-he recognized him Upon
his dying bed he makes disposition Of his prop
efty-he declares his belief that he Is about to die
| and appear before his God, and under these SOL
emn circumstances, when all hope of life had
| gone, he names the man who cut his throat 1t
was the same man whom we will prove had the
| motive-the man who had the weapon-the very
| man who, moment after the first act of the
| tragedy, had been seen in Highland almost
| with his dying breath, exclaimed 80 Donuelly did
| 1t" "Donnelly cut my throat, }" "Donnelly the
| bookkeeper, murdered me''
| have thus, gentlemen, stated as concisely as
possible, the chief points to which our proof will
| be directed. After the whole evidence i'm the
case has been heard, it will be for you to
| and announce the conclusion to which your minds
| are led. May Onniscience guide your delibe ra.
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