New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-18
MIrRDER TRIAL.


BcHooShAkER.
fRNTEECE or JAMES GALLAGHER FOR IHb MUIR
DER OF HUGH KELLY.
On the assembling Of the Court yesterday, the room
~ss dspseIy crowded with parties who vera sn1ously
ova,ipe the sentence Of James Gallagher for murder
he having been convicted on Wednesday evening 70
Che murder Of Hugh Kelly the morning OF the 3oth
of August. Shortly after the opening of the Court
Che prisoner (SsIsgher) was brought into Court in
coppaoy with Patrick Kelly. The prisoner wife was
not present. but bis brother sat by his sd Soon sfe
The District Attorney moved for the Judgment OF ms
Court Gallagher was ordered to stand up, wnen the
Clerk Of the Court stated TO him that he mad been
convicted of the crime OF murder, and asked him
wi DO had 70 cay why sentence oil desh shond not
be pronounced.
the murder. That on the night in question he went
into the saloon entirely alone and there met few
friends who be ssked up to drink lie was LOT abeto
put the whole party through and so told them. After
dnkisg be ssked the proprietor for some oyster' and
got few He then went to the oyster stand aud
took out his knife TO cut cracker and took up an
oyster. As be started to 60 out some one pushed
sgainst him. and then fight commenced. Pat
Ick Kelly went to him and assisted him up the
sasirs as he was afraid he would be killed. When he
eot near the top step Higgins came up and Knocked
hin down. He got up on the sidewalk and was again
Knocked down and besten. Hs got up AID got 10 the
middle OF the street thinking they ware going to Kill
him lie then struck back and forth with his knifs,
hut did not know that be wounded any one When
Daniel Kelly, the policeman, came up TO h'n ne
thew the knife and the oystsr which ne had 10 ms
hand away. he did not run away as was testified TO
by the officer, and did not know that any one was
sbbed Ill! he was taken back to Me- II Fulton street.
lie was obliged to use the knife ia self Defense as he
thought be wes going to be billed the other psres.
The Court then proceeded 10 address tae prisoner,
preparatory TO the sentence He stated that he was
indittsd for having the 3Cb of Augu last inflicted
mortal wounds on the body OF Hugh Kelly, and had
been placed HAL for tbs crime of murder, before
jury Of his own choosing. lie had had fair and i'm
partial bial and the benefit Oi wise counsel. The
Jury bsd found him guilty OF the crime with which b.
stood charged, and had fit to recommend him 10
the mercy of the Court The Court had nothing TO
do vith thst attribute e. it belonged exclusively to
fhe executive. He was earnestly recommended to pre-
psre for death and cot p see too much c0ptdenc5 In
Tie Executive clemency. The Court then proceeded
70 psss sentence. lie was ordered to bs removed 70
the place whence he came there to remain TIL We 3n
asy Of February, 1885, 10 be taken forth between the
hours Of a. 10. and p M, and hung Dy toe neek
T6s prisoner remained standing till toe close o.
the sentence, when he dropped IN ms eeat and seemed
Pairick Kelly who was indicted vito Gallagher ~
an socessoIy had plead not guilty to MURDER. HIS
by consent of the Distrct'Attorney and the Court,
Plea Of Guilty of msnslaughter in the fourth de-
gee" wss entered.
The Court then proceeded 10 sentence him, attor
few remarks relative TO the crime with which he had
beeu charged and the evil Of such assoc alton. The
ConYt imposed the lowest sentence the law allowed,
and ientenced him to one year Imprisonment IN toe
thts Iemended and the Court adjourned till Tuesday
lext of 10 o'clock.
Gaie,hsr, on his way to the Court yesterday morn
ing remarked to the officers that he had been con-
ycted but that Kelly ought TO be acquitted, a. no
wanted to get him away from the crowd
EUPREME CoURT-sSEeIL TEsN-Dec' n.-Before Judge
BIpDsEYE
DECISIONS.
In the mater Of the application Of Louisa C.
Goo s. Murphy ct al. agt Hiram Page ct al.-Mo-
,on denied slO TO abide event Of the action
Jossph Carson 81 81. act. Cisudus b. Conan. ct al.
The Nav Yoif equity BaoE sgt. Edward Roberts
Maliby c. Lsne agt Stephen Lutz &c.--The plain
a. st:SiD'y @ prepare A ads%sn and nS submit a IL
With. 5ss S,' asISsS submit Tier Ma % : to M
dat judgment wi.h my IT, be also submitted
SUPREME CoURT-CrRcuir.-Doo. II.
NoTIcE -OrdTe{-Ihst the Clerk give notice Of the
following order: go.
tbs Jsnasry Term 1853 notes Of be filed
on or before TSesdsy, the 18th Of Dscombe;, inst.
..sis dstSs:ly the nature Of the Issue.
Such notes Ct issue for January Term shall also stats
Ter Tam sS and shall state the number of the
whether The Ia thea c4su4sr, ana toe number
IeIeofi and the has been marked dowa the ca
en6 1857 mus be saea Oh the note Of Issue, and the
note OF issue therein conforms to the foregoing
Sreciions
And when aeaass placed the calendar, IL viii not b
Necessary Gle IN no.e c Issue for the subssq terms
Of Such calendar will be continued for the succeed
1ns Terms CntI the thereon are eispossd Of
RICHARD 3. COSNOLLY, Clerk.
UNITED STATES CIRQUE CoURr-Dec. lz-BesOre
Jadse lSCERsOLL
ChGs. =. Loosely sgt- heDGn j kecheld-
This scion was brought by the plantlt, the Aus
man COnsUl ~ Receiver representing Austrian
ods against the defendant Collector Of tbs Port. t.
good. sryed IN December 1885, aud January 1854 A. New
fo:k frcn Hamburg consigned 70 Bech kgahlri, aud
TIE S0,h q December 1885, the plaintiff appointed Re-
y tire supreme Court Jacob Rytack enone3
m TAXING possession Of the goods which stu remained 10 n
<usto H5nse unclaimed No bill o; lsdng presented
beeh KOnAAa entry OF tonG'r Of dos made BY them
the Receiver. In Jenusry 1872 portion of the goods
regularly pissed through the CASTOR House by bills Of 1n
delivered 70 jacob Byba'k who bad purchased
them Aus In Fall Of 1854 the sin Ter Of The goods
teTe withdraw from the Custom House BY Vim a. To.t
made entry the AID paid the duties bat offered
81 lSdng excnsng the omission by Of s loss III.
ossh claimed that the Collector hil used diligence AMI
sss dbe FOR ne value Of the goods amounting % lbon: s
~ the reason Tat o;ce q the appointment u Receiver an
% anor sssas r. back was served on The C2hee: early
<SutFy Rs, which notice far rs . might b. held . bn
he Collector seeP the GOODS IN bis possession b. delivered
Hny 10 tho sSaf cpOAsd by the defendant Of
force Assnt.