The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-09
The SUPPOSED GAMBLING SALOON MURDER.

Conclusion Of the Investigation before Justice
ConnoiIy-Deeision Of the Magistrate, Cona-
hitting Willis for TriaI-Extraersainary
Scene I'm Court or Observation-Disclosures or
the Prisoner Previous tn His Commfttai to
the Tombs-Eiis Subsequent Discharge by
Judge Russell on Writ or Certi0rari.
The investigation in the of Robert Wills Of 5sl
Broadway, suspicion OF murder before Justice conno
y at tho Lower Police Court came TO close Yesterday
No evidence being offered for the defence the magistrate
proceeded to read his decision in the case as follows
Robert L. Willis, the defendant this case was arres
ed on the charge OF murder &C. preferred the 10th
day Of October last by Caharine MalheasD and there
have been three days occupied in the examination The
complainant Catbarne Muhearn has been subjected to
had the testimony of Dr. James " Chiffon Ann Muhearn
and henry Clark (coored) The facts in this case ar
very extraordinary and have given the greatest at
tenton The complainant states that upon Sunday 18Th
day of September 1853 about three O'Clock the morning
Of that day, she awakened by loud noise which pro
ceeded the lower entry house No. 5sl Broadway
she heard say, ''For Gods sake, spare my life
and you can do what you please with me,o and dis
tncty heard the voice Of the prisoner say in reply
"God d-n the IRISH dump him;'' and that on the
same night she slept With Mrs. Rocklif and her child
in the house Of the accused; and that on the next
empty some water, when she remarked portion the
sleeve OF coat above the water; and that upon
going there again in the afternoon, Of the same
day, she the head and face Of Besides this she
also says that when she got out Of bed the morning
the Occurrence she saw large quantity Of blood the
lower entry OF the house. and that Henry Clark 1.-THE CO.
lored MANI scrubbipg it OF the walls that she tcd
her sister Of these facts wherenpon she removed By
her to her house. and charged by her say nothing
about the matter II is not denied that she was seryan.
in the house c the accused that she occupied the
stated by her, or that she slept with Mrs. Rock that
night has II been shown that II impossible for her
have heard In her the cries words spoken
which she has sworn TO. DR. Chiffon who has examined
found them TO be stains Of blood. Ann Mnihearn. the
sister, eorroborates her statement in many particulars,
and especially swears 70 seeing stains of blood the
wall in the lower entry, which were pointed TO
ber by the complainant on the following Thursday,
the same evening She took her away. On the con,
trary, Henry Clark, the coored man. states that he
remembers tho night OF the 10th, and that he was
in the house all night, and that they bed between
three and four O'Clock in the morning. and that until i'm
Immediately before he went o bed there gentlemen
in the paror and that he had them there before but
did not know their names He denies washing of any
servant in the house; he waits upon the door he
keeps the parors and upper part OF the house in order
II he remembers the 28th OF October what hour
ne went to bed when he got up what he did on the morn
ing Of the 18th OF September Previous yet although he
bas been employed at the house OF the accused for the
ast fourteen months he does not know what business
carried on there In serious OF this kind the
cused necessarily should every exeron contradict
the charge and 10 explain every doubtful circumstance
He has called witnesses do So Why were not the
gentlemen produced whom Clark sitting the parlor
until nearly four O'Clock on the morning Of the day the
murder Is said 10 have been committed Why the
Of those who there that night disclosed?
The complainant does not state that there blood any
blood has been found upon the fence Immediately over
cesspool, has been stated by Dr. Chiffon II seems 70
me very extraordinary that blood should be found at those
two places without any explanation being given for IT,
unusual place 10 find such marks and any accident which
would cause them would be apt 10 attract attention. There
arc few persons, II indeed any, who are negligent
not 70 observe the walls Of their halls daubed with
blood and If the OF II s entirely unknown them
not to demand explanation from their servants What
could that blood come FROM From lght9 Ii not that
circumstance 10 be remembered2 Could il be from kill
neanmas for domestic user Halls in house are not the
m Wbafs
Chiffon thinks that the blood coud been there
more then month, and all this unexplained. The duty
evidence; the question is not whether the prisoner
il guilty, but whether there is probability
In the mind Of the magistrate that he guilty The rule
upon which must act IN laid down by Chtty in clear
though general terms. f there be-" says he, "an
pressed charge Of felony, upon OATH against the pr
soner though his guilt be doubtful, the Justice cannot
Wholly discharge him, but must commit Lim " q Chit.
Grim. law S9) All the authorities coincide In tho doc
wi,sssrs woad have ssea called 10 have expsinsd away
the suspicious circumstances which surround the
person had been in the house Of the on ha
night might not have expected but when there were
| the falling to call them appears dubious Had the
counsel for the accused wished to keep the open
until be could md the gentlemen would have done
| When evidence IL kept back which be given mt
aches unfavorabie presumptons against the accused
such conduct can only be attributed 10 the supposon
thai the truth would operate against him. Upon cons
derng all the facts 10 the case am compelled 20 hold the
Pccuses TO sDswer.s
Hardly had the magistrate finished the reading OF his
document and addressing the Court saidTo say that
surprised at such decision would be fasehcod;
expected rs much; and now lc, say that s
ranssd by law, aud believe Il my duty, counsel for
the prisoner this case, give that my opinonr
Justice Connolly (knockng the desk 10 preserve
order)I want 10 know what motion before before
allow yoa 10 proceed any further
Counsel for the Prisoner Tin bterruptng manner)-
You wont hear the motion uDtl you hear me.
Justice Connollyl must hear the motion before hear
you.
Counsel (gcttng excited )-Your Honor must hear me-
In your decision YIN state that the complainant
robcrntcd BY her sister There is no such testimony in
the case.
Msestrac--I have read over the evidence carefully
and have stated no facts which not In the record We
vii see Whist Ann Muihcarn says rcaing tho evidence
counse-i deny that the complaining witness has been
Justice connolyYou must contradict the Court in
| this matter.
coOpscI-I viii DO my duty fearesxy, regardless Of
Eagstratc--You must conGne yourself 10 The record
Ceense-I vii, and mean the Court shall do 80 too.
Upon the close Of the testimony tho part Of the peo
/ PIE -
Justice ccrnoly-I mus, protect the diguay Of the
Court for which yon appear b. have hsle RESPECT You
must oonne yourself 70 the ro,on, whatever be, and
not commence 70 sum up the case now.
| tribunal.
MserateI told you a. the close a the testimony for
" Ieople that would whether not the prisoner
Couuse-I Do not intend 10 enter into a cooquial dis.
cssicn with the Court for II has the accident power
On - fde but will do my duty in spite ef any CsFt
any counscto this defendant lie then proceeded
state that bs for not requesting that the
shvd bc kept open was that the Court had said there
wa no evidence IN tho 10 hold tho prisoner.
JestNe Connolly said the counsel mistaken, and
that he would not allow him 10 make auy such in.
snHaiions
Counsel for the prisoner ironcai manner admit.
led that he msakeu but sad hc was ready TO oncr
evidence for the defence now.
Justice tonnols-I will take until ton o'clock 10 NOR.
rcw TO see whether will reopen The not.
CouEselWhst do you intend TO do with my client in the
mtartmcf
Justice Connoly-Iock him up in tho Tomhs Here,
Latte, addressing officer and handing him the war.
ant) lcck this man up his examination is rot
through with.
1hs defendant then subjected 20 the usual cxauna
ton, with the following result
Robert L. Willie, being duly examined before the under
rucd according 10 law. the annexed charge and being
Informed that he IN AZ liberty "a answer or n al or Say
questions nut 10 him. a folaws