The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-29
THE GREENWICH STREET TRAGEDY.
Trial OF Maurice O'Conneu, Charged with the
Murder or Teresa Spatzlen.
COURT OF OYKR AND TERMINER.


COURT OF OYER AND TERMINER.
Before Judge Ingraham.
JAN. 28.-Long before the hour of opening the court
hundreds of citizens congregsted in around build
ing as the doors were opened il was filed to
its utmost capacity Immediately after the Judge took his
seat the bench Mr. Clinton, according agreement
moved for per mission to withdraw the plea James Tooe
who pleaded guilty to mansaughter in the first degree he
having jointly indicted with OConne for the murder
Of Teresa Spzen AS the prosecution did not nterpose
any objection the Court granted the notion remarkng
however, that such Of proceeding tended very
much to destroy the possibility Of getting jury He said
that in future he should require very strong for
allowing prisoner to withdraw a plea of less crime
than that for which he had been indicted.
The empanneng of the jury in the case Of OConnell
then proceeded with About thirty jurors call
stable keeper, 100 West Broadway
Just before the adjournment of the Court yesterday Mr.
Richardson juror stated that he had conscientious
pies against finding verdict in where the punish
ment DEATH and wished TO be excused from serving
Mr.. Whiting stated that he wished TO ask Mr. Richard
what the nature of the scrupes he entertained
He (Mr W. remembered, in the of Colman who was
tried for the murder a his wife Broadway Quaker
gentleman said he bad conscientious scrupes against
finding person guilty OF crime punishable by death;
but when he Intercepted he said that the evidence
warranted it he could find the party guilty jurors
having anything to do with the consequences of the
dc-that being the province of the Court alone That
gentleman (sad the counsep did his duty Like man. the
Mr. Clinton counsel for OConnell, supposed toe
late TO challenge the juror now.
Mr.. Whiting read decision Of the Supreme Court in
favor of bis examining the juror, which Judge Ingraham
sustained.
Mr. Richardson then took the stand and said that his
views conceded exactly with those of the Quaker gentle
and he accordingly accepted by the prosecutor
The names Of the jurors sworn try OConne are as fol-
lows
1. Junius J. Johnson, retired merchant SO Sixth av.
2. James Taylor, machinist, 80 hangn street
Jacob Wall baker and confectioner, 25 Barclay st.
Tp,v MI nlIa hDsv I,uvh c1on Laov
g. Fletcher harper, Jr., editor IA West 22d street
g. Robert Taylor, pasterer, 100 West 10Th street
es1r
g. David Grifiths, merchant 3l7 Sixth avenue
TO- James Fade, grocer, as Washington Market.
IL Patrick IL NOonan, storage, 1l9 Greenwich street.
H. Francis George, stable keeper 100 West Broadway
OPENING THx PROSECUTION,
After an interval Of fifteen minutes Mr. Sedgwck As.
sstant District Attorney proceeded to open the
the prosecution, giving lucid statement Of the in
dispassionate manner He said that the prisoner at the
bar Maurice O'Connell was Jointly indicted with lanes
Tooe Hagan and Tenbroke for the murder of Teresa Spz
en in saloon in 80 Greenwich street, the 9th Of No
the detail of disgusting facts which would prove that
there portion of the city of New York where law
entirely disregarded. The Indictment contained three
counts. First that the deceased was assaulted by the
four prisoners and with their hands about her throat
choked and stranged her. of which choking and srangu
ation she TO her death. The first contained
the averment that they did ii from premedtatcd design
to effect her death At present the prosecution did not
expect 10 show that there premedtated design to
effect death in the minds of the defendants The
said that killing unless 1t be mansaughter excusable
usthable homicide murder in the following cases
First when perpersted from premeda.ed design to eff
feet death secondly, when perperated by act immi
neny dangerous TO others and evncng deprsved mind
regardless Of human life, although without any premedi
ated design to effect the death Of any particular ndv
dual and thirdly when perperated without any design
effect death, by person engaged in the commission of
any felony. This last proposition of law was the
one 10 which the particular attention Of the jury
was engaged in the commission of any felony, and il
death effected by any thing done by him while he
committing that felony, then be was guilty of murder
The counsel then proceeded the which he
expected to prove Teresa Spzen the deceased resided
in poor cellar at so Greenwich street. the character Of
which would appear in evidence. She, However, was a
resident there was fifty years Old decrepd feeble
and helpless At the time OF the homicide there in
the cellar the keeper Of IT. his wife the sister Of the wife,
the name Of Wrinkle, two women who lived in that cellar
who at the time Of the occurrence fed to places where
they could not see the transaction in all its details The
deceased sitting with her hand her knee, holding
her chin and elbow her knee seemingly in thought
The cellar being closed for the night knock
at the door, and the keeper of -Mr Martin-blew out
the light, so that the people outside might think
shut up and not desire to obtain an entrance The front
door OF the cellar broken in by PEMBROKE, who pro
seeded from the front door through the passage way and
let OConne Hsgan and Toole by the reSr door About
O'Clock the defendants stated TO Blackburn and Divine
witnesses for the people, that their intention 10
burn the cellar at No. 49," the meaning Of the phrase
being that they would rob the place Mr. aud Mrs. Mar
tin the keepers OF the house. would be the principal wit
nesses who would prove that the prisoner had forcbe
connection with the old woman and caused her death by
etrangulaton
EVIDENCE AGAINST ACCUSED.
Martin Divine, youth, the first witness called and
examined by the Assistant District Attorney. He test
fed follows reside at "a Greenwich street. next
door 10 the cellar where Teresa Spitzen murdered
am e9atmani remember the night on the occurrence
know all the prisoners the first Of them that
night was Tenbroke ] was standing at 90 Greenwich
street Toole next and then the prisoner and after
that Hagan: know Mr.. Blackburn witness In this
'Ssilor Dam SO away somewhere but did him
come back this was about O'Clock in the evenings Mau
OConnel said, Come the burn" which means TO
TO 60 to the cellar No 80 two or three OF them salts
fed at that but did not pay much attention to them
"Sailor DAN said "Tll get Martin 10 open the door
when Sailor said that he went down and knocked the
front door OF the cellar No 80 and told the others he
would let them (tbe other psoners) In the back way
as Sailor Dams" proper name is Tenbroke: 0Conne
and Toole down The steps but did not Hagan Sal
the man to open IT. after they got into the cellar, Black
burn and remained outside together; OConnell, Sailor
and Toole came out OF 49, heard noise when they
were In, but was not sure whether the parties
laughing fighting was standing by my door when
oConnell said there three of them him. and had
like to have killed him; they were all laughing; the
prisoners coat and white shirt torn, and he ap
pcared to be sweating cannot think Of what the other
prisoners said went towards the Battery and believe
that they went TO Dutch music house that night
OConnel and Toole in Morris street person said
that Toole would be arrested did not hear O6onne say
anything left them there and went with Blackburn 10
Rector street. did not them again that night did
see oConnell after that until heard he was arrested.
Cross examined by Mr.. Cinton-T think the house kept
by Martin was house Of prostitution Sailor Dan said he
was acquainted with Martins house. and In the habit
Of sleeping there with one Of the inmates am certain
saw OConnell and Tcole go into the cellar; stand
ing next door, talking with my sister at the time.
Direct examination by Mr.. whiting-I In the
cellar 49, but heard from the boaiman that II bad
house.
Leslie Blackburn deposed hus-I live in % Greenwich
street am IN store with my brother at 1886 know all the
prisoners, have known OConnel a long time remember
the night that Teresa Spzlen 10 her death think
Friday night in November saw the prisoner near
the cellar that night about o'clock w@ al the corner
OF Morris street when first him; think Toole was
with him. Hagan was with me when oConnel crossed the
street with remained about ten minutes, and Ten
broke up; think OConncl said "lct us 90 down
to 49," Divine there at the time I think
Hagan said "et 20 down and get coffee money when
they said that they only two doors from the cellar
think three Of the prisoners went down the back way,
and Sailor Dan by the front way DO nol remember any
Of the conversation before they started 70 GO
tell Sailor Dan did when he went down the steps
about fifteen minutes after I them 20 down was
standing there and heard loud talking after which
down into the basement saw the keeper Of the house
standing behind the bar with his wife, but do reco