New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-17
MURDER TRIAL.

nj hDEh TRIAL.
KINGS COUNTY COURT OF OYER AND rERMINER-
bic. ls-eeiOre Judges DAVIS, MoRSs, hMMoSs aud
scHooHaAKIR.
TRIAL OF JAMES GALLAGHER FOR THE MURDER
OF HUGH KELLY.
Yesterday morning James Gallagher, Jointly indicted
with Pa rich Kelly for the murder of Hugh Ksly, on
the morning of the 3Oth of August sst arragned
for trial.
The IL dictment charges that on the morning Of the
Goth of August James Ga lagher inflicted q wound
upon the person Of Hugh Kelly, which caused his
de ath on the I'd of September following Gallagher,
Kelly the deceased, Patrick Kelly and number OF
Others were in the asloon of McIn res No. II Faton
street. at an early hour in the morning of the 30ih
Deceased and his party had been in the saloon before
and had left and returned Soon alter they returned
drinking short time the first party went OUT and as
they reached the sidewalk sllaaher and his party
in the disturbance deceased was stabbed 10 the sbdo
men. man named o wen Mckinney was also stab.
bed but not seriously He was stabbed in tie side.
Gallagher was seen in the middle of the street dur
ing the sfrsy with Hugh Kelly, the deceased, having
him by the head and striking him. Officer Dao.l
Kelly saw the disturbance, and on accostiog Gal.
laaber he threw something behind him which
found afterward TO be & knife. Gallagher was ar
rested ard taken to the Station House and subse-
II. (. Moore and Samuel Csuson appeared for the
prisoner, and John g. Shoemaker, District Attorney,
for the people.
A jury were mphnneled dbO lnsirucliDue given 10
the officer IN chsrse Of the CCuIt to provide place
where they might DO kept together and not allowed to
separate.
If he succeeded in proving what he expected to prove
he should show that Gallagher was guilty Of murder.
That on the night which the murder was com nted
be was 10 the full possession OF his senses. On the
night Of the 30h of August the pares implicated aud
Hugh Kelly 10 q saloon at No. IL Faton street.
Aftsr being in the place for some time he goes up
stairs and hicks Kelly (deceased down STARE After
this he goes into the street. and hore dra wing his
knife stsbs whoever is within his reach. oven Nc
KIM sy stabbed by the prisoner, and after that
Hugh Kelly wss stabbed 60 dangerously as to cause
bis dea'h. Officer Daniel Kelly Of the Second Pre-.
cnct sss the disturbance, goes over and takes Gal
lagber away Afterwari he foand that q alaghe had
stabbed one and took lin to the Station House.
There be found Kelly lying almost dead the bed,
ard looking ct him he remarked, "Oh, you son of q
b--!'-gloa'ing over the deed he had committed.
While he has been confined in Jail he had made merry
over the death of Kelly and said that he ought to
have died lonR since He expected to prove the crime
a. charged in the Indictment and also to sho that it
was a most tie n0ish murder
The District Attorney then called the following wit
Dessts:
Joseph c. Hutchinson, NJ D., sworn-Am physi-
and surgeon reside In Clinton syenue near Fulton saw
about noon be the Brooklyn City Hosp. he was suf
sID 5sn pHIe Of .en mature asS Sospd s "a
hsf inches the umbicu did Rot probe the wound the
slightly Describes tie sound By diagram. The wound
dres,ed when saw took OF the dressing but did dis
expression oOGn,enance vomiting ,scnay and had
t.n,on of urine Indicated serious lesion e1istas these
continued until his DEATH whsh occurred the Sd
PEN bsr wa. present a. the post M .s slsaa1o1
tn. abdomen extending through the petoum and wound
ints slime this wouEd anvese and about an inch
been pocket knife the wound the Immediate OF his
death.
sequences the wound caused his desh independent Of the
ament al tie OIssn, Of the body exosp, the efan were
Isaac Steene, NJ. d., sworn-ls resident surgeon o.
the City Hospital examined deceased when he admitted
.soss to liz ..sm Sss about half past eight ScocI on
Sunday morning the 10Th Of August found the wound on the
eth To that Bf probe And
no., s how aUS the wound and drs.
edit and sent him TO bed 1t was made BY edae
BY Dr. Hutchinson and Minor hun every day until be
died the ID Sept the post Istem eA.minson was nea
allowing toe escape Of frtid matter. Knife shown Such
an that would have caused the being
ea the n.irenont wss pointed the nde of the in
o:. w Yep WA pI ,s and s.ve
ny testimony before saw the knife 'ns dece.sss ee
.tiuci ~ person standing on either side cannot ' po
state patient might have been osnsed sIoZui.
Sn before the ssss' w No NO sSSon Of
a Guilty and did rot think Necessary TO examine the BRAN
he died Of the effects Of the wound
Joseph n. Harrison, NJ Dam Q physician and
deceased the Stat House The meninsS 2,
he sh August went 70 the Station uoa.e and ssv dec .ea
1ps on bon with wound in the abdomen the kIiie w
brought IN BY policeman while ws there; compared WIZ
the wound.
Dspiel Kelly, sworn. is policemani cav prisoner
Ast crowd come out Of No e Fulton street and then
another crowd come up from tho place; wen, over 70
Gallagher have Kelly tie decesd BY the bead vita bis
cost over b. head and beating h!u went ossshsy When
vent up him and took hold CT HE am when he ter.s
.oretbius behind him; sskod him he hsd Lif vheu he
showed bis hand aud there knife ,hess II II hin
70 q. ou knowing that ssbbins bad be
he crowd, vent 70 tAs g,sIk e Hss:s vAea scas