The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-26
Kings County Court OF sessions.

kin0s County Court Of Sessions.
The FLArBusH AvkhuB AyYRAY-COFcLUsIoS or
THE CAsR-THH Jvkr UNABLE 10 A0A1D
Before Judge Morris and Associates Emmons and SChoon
Yesterday the trial Of Bernard Butler for assault with
intent 70 Hi Patrick MoCArsy the afternoon Of the
fourth OF July last, al Fatbush HILL was concluded. hav
ing occupied the attention of the court since Tuesday
morning. The court room has been densey crowded
every day Of the trial with large numbers OF the friends
OF the prisoner a. also the complaining Witness Patrick
McCAIV Inc McCartys were well known throughout
the city, and particularly the Ninth ward which had
been their place OF residence for many years The affair
at the time, occurring did on the fourth of July
created intense excitement which was only alsyed by
the lapse OF time and since the trial has been progress
has renewed the interest in the proceedings.
Patrick McCarty was the keeper of o public house,
known a. the prospect Hill Hote situated the
per OF fabush avenue and Carroll street On the fourth
bers OF his own family, we'll Of his friends, both
male and female, and had fitted up shed In the OF
the MOTEL, wherein TO have dance About four O'Clock,
when ire party inside The sned or dance house were en-
eyDg themselves, some party attempted 70 intrude him
self into the room upbdden aud put out Butler,
the prisoner at this time been near the house but
into at all He had beeo called TO the hotel TO re-
turn crowbar which he had borrowed in the morning
and with which be bad been engaged in removing old
house ebort distance from the hotel he dces not APP
pear TO have mpted to enter the house
meoatey after the repase Of the party who intended
ald which APPEARS to have been James Burns-Buter is
seen to be knocked doan and beaten and Kicked six
or seven persons around him He had been friendly
terms with the BcCarts before that, drinking with
them and convcrsi0g in friendly manner Patrick
McCarty rushed into the crowd TO Butler from
being kfed aud IN dong fell upon Butler he lay
the ground After he fell be stabbed the left
leg a1d the side with knife in the hands of Butler at the
the same time Francis Mhhafy mortay stabbed in
the abdomen Joseph McCarty stabbed in the and
left side, and Burns who isted Butler TO rse
stabbed in the side Francis Mahady died from the effect
OF the wounds in few bours Patrick McCAry suffered
pufaon Of the EFT leg about two weeks after and Joseph
kcCarty aud James Burns covered The jury
10 the case OF Mahady after taking testimony, exonerated
Butler the ground that he acted In self defence he
was admitted 10 bail to await the action OF the Grand
jury which body found two indictments against hmone
for assault with intent to kill Patrick McCsry and which
has just been tried, and another for mans.a.gner in
causing the death Of Francis Mahady.
The trial OF the case commenced on Tuesday. The
prDcpa testimony for the prosecution that OF Patrick
McCarty who detailed the circumstances OF the ARRAY sub
antsiiy as above, and the testimony Of the physicians
v no testify to the nature Of the wounds.
The defence relied solely testimony TO show that
the assault ustdaSe being provoked by the beating
he receiving and that at the time defendant used hs
knife he WAS being beaten Ia to be in
danger of losing his life
The closed both sides yesterday noon, and
counsel proceeded 70 sum up the case,
The Court charged the Jury the law Of the case and
reviewed portions OF the testimony bearing upon the
provoca.iop tor the assault.
The case was given TO the jury about five O'Clock and
after absense Of two hours they notified the Court
they unable 10 agree TIE Court ordered that they
ehoc!d te locked Up until thus morning, TO which time the
Court djoD1 ned.