New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-22
LAW LNT,ELLIGENCE.
TIE HOWARD STREET HOMICIDE.
TRIAL OF DANIEL CUNNINGHAM FOR THF Al
LEGED MURDER OF PATRICK M'LAUGHLN.
THIRD DAY.

=
f Dstel Cunningham. who stsris indicted FOR tee
Alleged uisrder Of Patrick Mclaughlin. TIE following
add tousl Testimony ELECTED;
Harvey Dung sworn and exsniced by NJ Sedg-
v;ck-I .ide az N us prinoe street; WAS reseJt
q; Aliens house CT Inc hight Mclaughlin was shot;
| went there Will McLsuehlir; l saw Currjngnsul,
Petite, Make, Closker, Rooue, and several others
there; they were standing Together dIinkiogi they
asked rs TO drink. ana did sud then stood there
taking; Itsiik Cunningham a-ked us to GrGk
heard Mousseys rsms mentioned McLsugbio was
taking about ltlm; MoIsugthui sad TO Petite thSt
MoTrssey was loafer: CurCirgl sm said " Dent
ak that way about him, for he is friend cs mine
Cunningham tren took hold If MoLsug bids collar |
think McLeughlin said, d" II y,u cout ike to listen,
you need ret" and lie tod Cunnughsm TO let go of
hin then Mclaughlin attempted 10 break loose
Petite ard Tuner and two more got bold of both Of
them end pulled them spaIt, and Allen tten took
CLnL.Dgaam 10 the end Of he bar toward tue wall,
and aid TO Lin tbs. it was very foolish 10 get into
difficulty about otler ptCpe-that IoTrlssAy was big
enough TO teke of himselE-that he could not ex
pet ybody 10 think as ne did about Morrssey.
Cunningham cane Gown 70 The eud of the bsr, and
Mclaughlin and Curnirgt am cane pretty
coming Together again. Pstrie grabbed bold Of
MoLsughl;o, and Cunningham ran behind the bar;
be ss.d lie could not get cut; Mclaughlin sad that
be could smack Currirghsr1's mouth; Cunningham
propose to bet dollar that he could not they kept
jsWog; Mclaughlin said, "What ara you dong be-
hiri there you have TO business there; aud then
Curnlns ham ont from behind the bsr, got into
the MIDDLE Of the floor and said, Here sn: | am
rot afraid TO go INTO the middle Of the floor Gun
Iiretam stood With pistol in his hand, holding il
down by his pide; Mclaughlin asked if any body I'D
spsto; he cdu get sry; Cuuuirgham went behind
the bar sgsin Mclaughlin asked Cunningham 10 come
out again, wien some enc SAID, Paudeen, hsve
diipk win me beioIe you CO. ard ne turned arouod
srd leaned On the bar, and Cunningham came up to
that pant Of the bar ard lesned on the
otherside | heard Mclaughlin cay, "iou won't shoot
me, and then heard Cunningham say, 4" Let 20 of
NE; cre-two-three, and then heard the report of
pistol; Mclaughlin staggered back and said,
" Good bye-Im gone" Cunningham csme out from
behind the bar ana said that II any Of hs friends ddu
Ike Il lie would give them setff.ctoa; didn't drink
any Intoxicating liquors that Eight, and nothing but
saTsapail, aud soda water nothirs ws' sa'd OF
dc the prrvIer az ne came tom Detlnd the bar.
Crcss.exsmined by Mr. Whting--I have lived in
Prince street since Meyi lived 10 jersey City before
that, but was not doing any business there: have
lad business ior five years; speculate around IN
ery thirg tia. can n AXE money out OF.
z. What are your means otl.yelihoOd A. Money.
.. How do you set il - A. Tie same az other peO.
pie; an tnsmitb by trade dcl't do anything but
speculate gamble fer 4 living; | was acquainted
with Mclaughlin five years but wss not az iutuste
friend Of tis met bin the night in question in TIE
Bowery aid we crossed down together; drank
twice, but did not drink ciier-orce No. 40 Bow
ely. ST FlOrerce's and cree az Dermott's was
not speaking terms with Curuir CHAM ct this tms
but was no. hostile 20 hin; l can read, but not
write; cannot read writing have Teec some psrt
CT q book l never read tee LcTd's Prayer was
bcrn in Abeuy ard am 80 years ole, l nave never
reai = chsptes in the Bible | have often
had il in my hard; Curling ham took he'd
Of Mclaughlin. hy The collar | teink with his
right hand and then the lett haud Cunningham didn't
threaten him: suppose he took hold of hm because
lie Was taking about MorIlssey; Mclaughlin told hin
to Jet go ard he trisd 10 break loose from Cunning
ham, CUNNINGHAM ssid don't tax that way sbost
Morrissey Mclaughlin did not cay NO would HEX
Curmr CHAM thst tight befor re want lie to him ne
was CsicrIis shooter, ard that re dare rot shoot
any time 1 rvuli u6t tho. Mol. .ashI. Lad bold
Of Guurirgham at a.; l was standing behind M)-
LsUPbr, Turner ard Jesse about four or Eve feet
could see Crnnipghams head, but rot his BODY |
could not see McIavgAiir's hand 1 only judge that
Mclaughlin b al hold Of Gun aingham By Cunningham
sayirg, " Let go-let gC-one-two--tbrae did
70. hear him say let 90 CT ne OF I'll A.ll you; doIt
tliIk Mclaughlin said 10 Cuunir ssm you SIC
,sucy little sucker; after they hsd rad TIE
secoEd olerch Re sg.d that ke ought to
81 ack lie mouth | did LOT ace Canringhsm's pistol
VIXEN i was used l heard Mclaughlin say to Gun
Lrgts am, "Whst business fsye you behind there,
why dcr't ycu come out O. did not bear Cunningham
make cry Tep7 be did To-. sey that lie came there
because re was afraid Of fau5een; Paudeen asked
generally e anybody he'd ls,cl; Pauceen felt li.-
10 nsj ard sore he was 4 ii lie worse ioI Liquor lie
drunk Iottiug but cderi rsyer saw PeUceen tight;
lie rad rome words with me once he hi. me 10 tue
head that IS The Criy tine ! ever saw Lin
give G blow; he would weigh from lao 10 li5 pounds
doL know wbett sr ts was muscular CT cot lad
known Lin far o. FIVE years, | an net orc {. the
srcy myself Ibid not testify teore tie Cororerbat
/ dTsbk rC.Ling put cider Lave not tad fights ny
sell. | had fight With Ne lee Lad 10 protect my
self aad II off e part Of che q he ears; nave
rot drunk 1lass CT liquor stree lsroa don't recos-
lee. that swo:e before the Coroner tat Mclaughlin
said " You are saucy little sucker, and ought 70
sr acl. ycu mouth. CuIEirgh cid cot say IN Ito
herse after tie shooting, Let ne alone I'm going to
give rnytei: up" ga ncs that Petries face WAS
scratched up BY rs scrftie II Peuoseni DO not
recoleCt whether PIT ~ ulsIk e tie ts,tIncny
gave before tie Co-cLer.
M Seogy.ok then Sc the testimony q toe phYsi-
can wao Insde Tia pcst mortsn exauirstion OF the
bCcy 0: McLsusnir, sad rtsts1 IL, case :or toe
prossCu.:C,.
ar. Wbtirg nsde be: :tatener: q tue case for
the defense il which Le stated .ce tley slculc iey
pccb slCwi.y TIE case OF his Client % De ces-y gre
q sell defense, i was LOT e.esoy proves 70 ;aeL
SATISFACTION.
TIE following testimony ecicec,
TTsT,MoSY FOR TIE DEFSS'E.
Pelrck Make gss recalled for tine ceiente de
tsstfec tia. ne CID Lot SEE CulIinsnsm .ske noe Ok
NcIaus hin that Light s-d be ssy tie d-fcuty from
it, regnrirg Re die rot shirk ! coac taye occurred
without BIS seeing it. lie stood nesr thsm wien tae
rem ark was made By McIsugt..n stont McrTisssy
On c-css examination, v.tIess ss.d he &C not see
Cum iDgh an lake ho,d Of EcLerghlia that eyering
Richard Degorare swOln and e.aCred " Mr.
Whitirg-Wit1ess stated inst be was present al the
occurrence from the beginning 10 the eno ana was
subpenss6 by tne pr0stcu that cunningham csoe
tirsL that rgh. about II o'cock, With sotne Trends
a. O'Clock Paudeer aud Henry Young came WIT
ress tn stated the facts Of tbs occurrence narly
tie same az detailed by Msckey, H'lGss, Turner and
other wnesses ard stated petic ueIy that alter tie
dispute shost Merr;ssey, McL.rgbln caught hold of
Curripgt am by his coat ne did sot hesr Cunning
ban ssy that If any of Psuieena frisnds wanted sat
sfaction ne would give il 20 them.
join Arsy witness for the cefsnes, was sworn and
exam insd-He testified that he wss at Aliens wher
Cuppngham came in; that P4Ucsen came 81 hour
stfe- His statement was substantially the ssme
az Ii ctbe witnesses except tlat ct Aler ard lorp2
after lie "argum sn. about Mo:rssey; 10 contrsdctsd
the material points Of Yourgs testimony ELECTED By