New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-12
THE JAMES STREET HOMICIDE.
THE INoUIsiTIoN CONCLUDED.
Verdict Against the Prisoner.
CITY JUDGE RUSSELL CENSURED.

The recent murder of Michael Cassidy in James
street was tho matter of further investigation yester-
day at the New-York Hospital before Coroner Hills
and the Jury. Several witnesses were examined, one
of whom had been tempered with by the prisoner Wo.
gan who requested him TO testify falsely before the
Jury but the witness not ia be swerved from the
path of truth.
Below will be found copy of the testimony and
the verdict Of the Jury. to which is attached severe
censure of Judge Russell for suspendng sentence
against the prisoner, who recently convicted of
arson.
ing duly sworn, aysf did know the deceased have
a s the Of S the door @s OF No. e. 81 .a street
hour previous to the coming Of the prisoner Edward
Kennedy aud one do not know who having hard
words and calling each other thieves this in of No.
% James street the prisoner then came when Kennedy
tapped him the shoulder aud the cheek snd wanted
HIM hght the prisoner said, g" am in trouble
and 90 NOT want TO get into any more the prisoner did not
his hand and the pistol went of the prisoner did not his
@ S HSi gs . S;sF as
lc o'clock kept my all the time of the difficulty;
Kennedy the other standing by No ~ Tor two
before the prisoner came the nst that saw OF Ken
NEEDY bis coming Of No 90 James street. In about
Ter .. an hour after took my seat had been drinking
night bu not intoxicated to prevent
but na got beer T did not see the prisoner strike
ney have any weapons njue pr..
onc IN any way only that he wanted Wogan down the
az aI ~ 100 az copfjp,d 20 s,t in NV s,t NV
No 80 sfteI the parties lett until TINS Time
Ernest Woltgen, residing at No. 90 James street
being duly sworn dposes and ssys-I am barkecpc At this pace
ten minutes o'clock the night in question the prisoner and
Kennedy had hard words together Kennedy asked the
said No you will keep si;" do know whether the
prisoner Kennedy In fst Kennedy said that he would
et 20 prisoner any other Kennedy then
asked the boss he could stay when the boss said 1t Is
Of tell you out for you all have to out as
10 shu
the dock and the prisoner said gu cannot sars
i've heard the pistol go of the boss then told mo
lock the door, which did while doing so heard The pistol
oil again, and then heard some one say IN shot heard
words but could tell exactly what they were;
after minutes heard another shot heard al alarm
about time think do no. know that any one but the
prisoner Kennedy went Of the house, the others kept
st W. i and think Kennedy did a.o the prisoner was not
employed to keep order in our pace the prisoner came in there
first; he came up aud spoke to me-
Francis Homer residing at No. 81 James street.
being duly depoes and ssysA the time of the difficulty
he would take him where he had him before the shooting
the ground also the prisoner shoot tbs decreased and
psto or club head no threats excepting REMEDY dsr the
prisoper to put his hands OH him.
James w. Fuller. being duly sworn, depoSes and
ssyI am Police Ocer was on duty on the night in ques
Oce Taylor with beat covered this part Of
carrying drunken to the Station
House from Oliver street and when We had got far as James
heard the alarm; dropped and
place where found the prisoner Kennedy by
N. collar having just Station House with him
the hsd all been done when got there do not know
the House heard the prisoner that he sorry he
shot the boy the prisoner said that he shot Kennedy.
Archibald Taylor being duly sworn, deposes and
says-I officer attached to the Fourth Prcinct have
In that Ward five months heard the prisoner that he
Il the prisoner gave the pistol Capt WsIns
House do not think ten minutes since had left
this when ali qu heard the prisoner say
that Kennedy drew knife on him. threatening to MP his CUTS OUT
| saw nothing OF any knife.
Batavia being duly sworn dposes and sayJst at II
o'clock las. Thursday night heard noise ia front Of No 90
b. S ts prisoner told K,nnedy 70 20 away: Kennedy
have the prisoner down the dock aud fight the
prisoner said that he did not anything 10 do with him
not 60 h. would make him go Kennedy told the prisoner that
h. bad authority make him then nnedy hauled of
chief prevented blow scuhie ensued when they fell
they then got Up when the S s sa sa hsn
lie would his CUTS with knife shot fired ON the
rising hed up both his hands ssd Boys you have
knife = in three minutes the boy VINO sho; passed
fell did the prisoner drop his pistol have not said
that any witness examined here this morning drunk;
Ernest Watteu, being recalled and re-sworn, de
and On FRIDAY morning the p'1ner called me to the
would his 1.-THE prsoners) CUTS out; told him that did
bear that and not sos to say more than what heard on
that heard Kennedy that he would cut bis e prison
eI) CUTS told him that could not to such thing
did lot hear it,
This concluded the testimony when Coroner Hills
proceeded review tie most important portion of the
evidence TO the Jury after which the Coroner
derod brief charge and the case given to the
jury for deGberation.
After an absence of nearly hall an hour, they re-
turned with the following verdict:
THAT Michael Cassidy, the deceased, came to his
death by pistol shot received at the hands of Michael
Wogan, jr that there was no occurrence which would
warrant the use of either the pistol or club by the
said Wogsn against Edward Kennedy now lying
dangerously wounded in the City Hospital whom the
said Wogan was al the time illegally srrestng,
the 9Th OF January, 1853, at No. % james street.
Ana, furthermore, consider the action of our
CITY Judge in suspending sentence on the said Wo-
gan, but short time since convicted Of high crime,
eA,reihely censurabe, and that had he performed his
/ victim" ~ 49,
on the rendition of the verdict Wogan was taken to
'ne iombS, and committed to await the action of the
Grand jury.
rive OIL The most important witnesses were detained.
and as 'hey were unable to give bonds to appear and
testify when called upon, the Coroner committed them
prison. Kennedy, the other victim, was somewhat
better yesterday but his present condition il oopsd
cred critical DIR. Du Bots has vet been unable n
trace the bullet in Kennedy's body bu, besves 3, %
BE- Undecided in the muscles beyond his reach Cassidy
the dece used, was i6 years OF age, and native Of
England. At the tirne Of the murder he WA spokep
Of as being tnang and suspicious character, but his
friends contradict tho nssuatios, sad ssy thai ho wa