The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-25

The P~udeen and Cunningham Array.
TIE CASE RE oPINsD BEFORE THE Coaossx-syI
DBNCE FOR THE DEpsNCK INrRODUCsD-POiNTs
oFrHK PRISONERS oOuNsEL-PAuDsEN's FUNERAL.
In accordance with provision thu Revised Statutes
which grants the accused party the right OF Introducing
new testimony After the matter has been decided by
coroners jury the counsel for Cunningham Appeared
before Coroner Gamble yesterday morning with number
Of whnesses, and wished them be examined The OBJ
ject of opening the to break down The evi
deDce for the prosecution sevtra points,
to convince the Coroner (actDg then the capacity Of
msgs1ass) that there sufficient provocAtOn the
killing OF Pauasen and that at most the only
one Of homicide, snd therefore bailablo
The examination Of the witnesses for the defence
proceeded with as follows
John Marks, being duly sworn sAysI reside at No "a
Edrid, street; am TO oacconst pressut at the
occurrence 1t No. 23 Howard street, went there In
psny whh Cunningham about O'Clock; deceased vas
there wh&n first entered, Cunningham my sigh
ail the time he talking 70 Mr. Anen standing
che bar when nrst heard loud talking between the do
Mr. Pet'e and Paudsen; Cunningham talking 70
faudeen q. the tne not see Cunno ham have h,s
nenos On could not have taken hold
OF Paudeen without my seeing him; CunpinSh
when no WAS about leaving the house, and did
make use Of the remark "Do any Of Paadeens friends
want satisfaction f'' he bsd said houd have heari
him. old not drink with the crowd At the Invitation of
Nr Hill was the bar ana could see CinuiLg nam
except 10 lay DO wn his glass; did not near Paudeen
say hs would drop the conversation about Morrssey;
was near enough TO Cunningham ever thing while
he was behind the bar
Was not the character Of Paudeen such ~ would
lead you 70 believe that In . row he would every
not bite tear and gouge his enemy.
Coroner Gamble thought the question was improper
one.
The counsel for the prisoner qualified the question as
follows
q. Do You know the character Of Paudeen9 A. Only
from hsarssy.
Have you not heard that be would bite goues and
mann all those with whom he would hgatG 4. Th.vo
heard people say So but know knothlSg of my own
knowledge
carrying weapon A. No
during the EVENING" A. did not - ''N'N
Had YOU and Cupuipe ham apy conversation about
PsudeeB previous to entering the bail room A. No. s,r
examine AZ iolowsi WAS at NO % yard etreet on
satuTcay mornne when the difhcults occurred. soSJ
ana aur,r the whole time d,a no. se ,ac
hs hands on pauaet wncn the party dranx NJ the
non ar Mr. pli sss nr .seo, and ,o. sa.sr son. ons
ssJ a. a, no tas. AMI nns ana s,o sn,sS, s.enn
ps' 1ssn csnah, hoa or sn.n,nabs a., ,h ,ss, ill.,, Sa
nuea him. the prisoner dd MOI suoak 70 aooesssd ora
20 'no s.o, an, ~ ,h nun y u Ie O cor oIn
nae Of The er sesion " Ia ,h.r sny O, P.nSasas t,sas
VINO Ts Sas0s was Standing :. tne par and
vons,L '' N NNsD" NC AA~N' NS' VI '"'
n M 10, rrou N. co,.r.t .n.,o.,.. q, p.,ao.no
A Joo -
@ wha. was tnat character2 A. He was q desperate
and vouo not stop At any thing to get The best VI his
'S a. -, Lno az, h o 10 h, ~, @ , ", @ ou'
Jacob Roome Of "a vsrck street. depossd that hs wss
At the ball room 23 Howard street. 90 the morning Of the
ss sitting On soSs sS NJ a,sm sneve, Vou wnr art
others Paudeeu camcup and said "Morrissey ioafer,
thief and lar cunningham came up and SAID, at Is no
ss ". =, y'ur ss aua ous I n'ssey ~ T Wy, ne Is
vas at the door sbenlthe shooting took place Iheard
the kps,ol fired, and that was all, the ballroom door
was not locked when was there
The counsel for the defence said there further
Witnesses 10 examine but he would submit the following
points for The defence
POINTS roa The pxySE
L. Ihe prisoner eosed 70 his oi-ch~ge from custody
y.s vhoiiv "a hv h,,n ana s,,.- y. no .a,
WHY W l' ~ s4.1I NO LAO re.Iea.
80 - =. - S.. s &c Icpsesoo
,~srI ~ anS All .saas a. sr ~ ~ ~. ossou
- ~" ..osse ~ oso' ~ W. u,'u ~ Tug pr'ouer