Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1857-09-17

THE s VIEW HOUSE
TER.
TRIAL OF JAMES H. DONNELLY.
The trial Of James P. Donnelly, for the
murder of Albert S. Moses, at the Sea View
House at the Highlands, Oh the LIST of August
last, commenced in this place on Tuesday last
Judge Vredenburg presiding, with assistants
Judges Forman, Throckmorton and Clifford
A large number of persons were attracted
by this event, and the Court-Hou is throngeo
with spectators.
A few minutes after the assembling of the
Court, the prisoner, james P. Donnelly, was
placed at the bar He is fine looking young
man; was dressed in black suit; is rather
above the ordinary hight. He looks pale, bu,
appears to be perfectly composed. On arr
wing within the bar, there was an affectonatt
meeting between the prisoner and his father
Peter Donnelly, aud Mrs. Cousins and Miss
Donnelly, his sisters, who are present at the
trial. The prisoner then took a seat at the ia
bic occupied Ly lis counsel, 4. Q. Mclean
Esq, of Freehold, assisted by Joseph ?. Brad
ley and Gov. Pennington of Newark. The
State is represented by Joel Parder, Esq
Prosecutor Of the Pleas, and the Hon. VIM
L Dayton Attorney General.
The Court was not occupied over an hour
in impanneling the Jury There were twenty
one, challenges three on the part of the State,
and eighteen for the defence.
At III O'Clock the empannelment of the ju-
ry was finished when the following persons
were sworn to decide in the case of life and
DEATH
John Vanderyeer, Benjamin Pullen,
o. H. Apologize, James L. Angor,
James Croxson, Abram H. Morris,
VIM Jefferson, James Thompson,
James A. Herbert, Gilbert Schenck,
Jacob S. Rue, Jonathan g. Croxson
After the Jury had been impanneed, the
Prosecuting Attorney, Mr.. Parker, addressed
the Jury as follows;
The indictment just read, charges that on
the first day Of August last. the defendant,
James P. Dosssk,.s MAksd Albert s. Moses,
at a place within tnSjufisdfction Of this Court,
and it is for you, under the obligation Of an
oath to inquire, determine and by your verdict
say, whether that charge is sustained by evil
dence. This is indeed solemn duty, this an
important trust
Approach its performance, therefore, gen
tlemen, with every unwarranted sympathy ex-
cluded, with every feeling of prejudice entirely
eradcated from the mind At the very thresh-
old of this investigation, 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. It 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 single one of you who now have in
keeping his life. / know that with you this
will not prejudice the case. God forbid that
the State should ask Monmouth County Ju-
ry to disregard the Strangers rights But
while the stranger is entitled to the protection
of our laws it must also be remembered that
he is equally with ourselves subject to the pen
atty of their siofTssUi. .wk,atever that penalty
may be. 1t smy province, gentlemen, in open
ing the case to state as briefly as possible, and
in general terms, the substance of the case we
expect to prove
We shall produce evidence bearing upon the
motive. Although it is not necessary to dis
cover the motive when the crime is proved, yet
the motive when discovered often sheds food
of light upon thes&hole transaction. We will
prove that on Wednesday, the 9th of day of
July, gentleman deposited with the defend
ant, who was hook-keeper and clerk of the
&c Sea View" House. the sum of 500 until he
should return from New York on Saturday the
lst 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 gam
bling with Moses on Friday night, ard that Sat
urday morning the LIST of August, found Dom
nelly defaulter, an embezzler, ruined man,
unless the money be forthcoming when the
owner arrived. The telegraph was at hand
his discharge from employment, and the reason
therefor would - glomeut flash along the
wire-the press Of Ahe Empire City would
transmit the news ofhis disgrace to every point
of widely extended acquaintance, to every
one united to him by the ties of friendship or
of blood. The choice was between the GER
tainty of exposure of a lesser crime and chance
of not being discovered III the commission of a
greater, and that choice was to made quickly.
Between the hours Of and on the morn
ing Of the LIST Of August last, the inmates Of
the Sea View House at the Highlands, in this
county, were aroused by the fearful cry ofmur-
der. A man in his night clothes covered with
blood, was seen in one of the halls as if in pur-
suit of some one who had escaped, Keeling for
short time from exhaustion, and then hasten
ing to reach his bed, which proved a bed of
death. The proprietor of the house was soon
at his side, be found Albert S Moses weller