New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-18
LAW LNI,ELLIGTNCE.
TEE EowARD-sTREET HOMICIDE.

q.
L.ughls, siss Pauieen, shot By Daniel aliss
Dscay Cu.1in shs a the dance. touse OF Bar. Allen,
No q Howard street aad from the effects of the sh1 Il
Mclaughlin died. Cunningham wss indicted :o- r,gr-
GER ana the is va. Begun yesterday Def The Ju.
of C;eue.Al $ -sons, Recorder B,rua, presiding Tee
;estiuor in he Vii form sao;Le clAp,er "a ths
history OF New-Yolk uffsni.m, snd the prssescs IA
Ccul. yesterday Of hos; Of g,mbe els, fgeiisg Men
s1d sccEtdres Of every hue ndcsts. tie strong
es. .et in tie ssue Of the trial
TIE deceased srd Tire prisoner circulated with
the same crowd bots figured 10 TIE snns.s Of ciins
IN this o.y ard then mutual fisrds we're the witnesses
Of tie homicide. Mclaughlin, IN NE youth was
"cul!y taef" about the Five Points ana his educa-
tion vas such, combined Win "a unlimited physscal
courage, and worse than bloodhound fsroc.ty, sad
large poserfa muscular frame rs 20 sfmrsby qui.i-
~ In for lsacirg position among tne devils II hu.
mar form who intsst the city, AID 8 such he
valuable and faithful SLY of the Democratic party.
Yeas snce he became sntapged IN fight with le
MURRAY row Alderman from the Ia Aldernsnic Dis
trict, who anisby BIZ IF ths largo ali Of McLsusa
ln's nose. In 1852 be took pssssge in a steamer for
California, committed violent s,ssuI. passenger
so;rg out. secrsteG himself on the steamer 20 avoid
being eunmal!ly punished by HE fellow passengers;
engaged with thief canned Lump Lee in the robbery
Ct tee house Of Il priest at Panama Of $4,000 sad
escaped to California while Lee aud nst!vs, less for
tunste, wers arrested and sent 20 Carthagens. For
wears he wSs head devil Of the "Sbcgt BOYS" Of the
Eighth Ws,d. After hs return from Caifornis ne
utted TN urprovoked assault upon d Mr.. LsycIaft a
respectable citizen OF the Eighth Wad frscturing his
iss and il othe. ways irjurng hm. For this he was
sett 10 the Peuteutiary BlsckTels Island. About
this time hs became violent enemy Of BIZ Poole,
ard vsa identified with the M0rissey crowd. One
evening he entered the saloon Of Bill Poole, on the
corner of Broadway and Howard street. and, Di.acat
the slightest excuse threw tumber OF scsding
whisky in the face and eyes of the bsIkeeper Next
lie became involved in fight With man nsnet
Allen in a ssloon, and biz off portion of Aliens lip
About the same time he attempted 70 shoot Tom Hyer
in Dick Plstts saloon Il was he who lnstigated the
frscas which resulted in the shooting Of BIZ Poole by
Lew Baker at Stsnwix Hal, opposite the Metropcl-
ten Hotel. He vas Indicted accessory before
the fact: but the failure convict the principal led b
his release. He had been AZ liberty but few days
when he committed al assault. and sgain lie was put
under arrest His death was the Appropriate sequel
to his next difficulty. more dangerous villain never
disgraced the country, and His death hailed VITA
general rejoicing.
The prisoner Cunningham is a mac much Inferior in
size and power to the deceased. His ereatset weght
is lO5 pounds and among fighting men is known So a
feather weight" His physical courage ia proysrba
he never fearing attack greatly his superior
when impeled to do from what lie deems sufficient
cause Some years since Officer Crosetts attempted TO
arrest friend of Cunninghems who was charged with
highway robbery. Daddy made his friends cause hi,
OWL committed dangerous assault on the officer, and
for this friendly act very properly rewarded with
accommodations in the Penitentary. He too. has had
some California experience, but nothing important il"
connection with him there has ever came to light On
tie night of the murder, it he who took Morissey
home drunk and put him to bed. He has not, how
ever, been reputed man of habitua violence, but
lis associations have for yess bees Of tho nsss de-
PRAYED AID vicious character.
The Coult Of Sessions yesterday was gallery Of
rowdyism and rascality. Among the persons present
beside tie prisoner were John Monissey przs-fshter
Harvey Young gambler and shoulder-hitteri Burt.
Allen. gambler and keeper Of low dance house;
Wooden Leg Maokey, gambler Jake Roome, keeper
of low dsrce-house in Church street Thso. Edgar
gambler Jim Turner, gambler ard shoulder hitter with
gu extended California experience; John trink, gam
bier ard many others Of similar sntecedents. Ssvera
of these parties sre summoned as witnesses.
James R. Whiting appeared as council for the prs-
oner Mr.. Sedgwick, the Assistant District Attorney
conducted the prosecution
Within two hours jury consisting of the following
citizens, was impsDne.ed:
VIM Wood bsoktr, Wall street Allied L. Bdstow provision
dealer Nc IO2 Wsvsey Place Robert Beatty jr b,Okbitde
No Is Spruce street Styles broker No !,
Thompson street 3 Harrison PisnO9r'e 6sssT No eS
street Robert Place shPsnit1 No I9I Msd'on street Au
gu',a 5 d1s G sa
Whips dealer No 5sS Grand street Stephen Ghin
bookseller No lsi sa'h street HoratiO Reed hotel keeper No
Is Bowery.
Mr. Sedgwck then made the following statement OF
THE cAsEFORTHE PROSECUTION.
GENrLEMES Oh THE Jury: / sBall deain you but
a moment on the opening Of thls case. snail very
briefly state the nature Of the indictment AM general
character Of the aw and the evidence when wu Do
under your consideration. The name of the defendant
"a you have learned is Daniel Cunningham, aud tue
Grand Jury has indicted him for the murder-the pre-
meditated killing of Patrick Mclaughlin, on the 10Th
OF March es You undoubtedly know, or at least Will
be charged by the Court in this case, that It is your
province TO frd verdict OF guilty under the nolc.-
ment or any degree OF mslssughter, of when there
are four or a verdict Of Dot guty under toe ndIct-
ment The case is extremely imp0rapt-lt being oce
peculiar TO the multitudes Of New. York, and one
which it is extremely appropriate ths. New o'&
Jury should pass upon that every citizen shouia near
TO take the law fIOm this case ara know l0e eAacI
rights they have III this community Lac sVlceu;'
will be- briefly that early IN the nlOTrirS o' Mstch ~
between and o'clock the deceased ana the defendant
being IN the room OF Mr. Allen No. . Howard street
which was used a. plscs OF public entertainment
there was some difficulty or some words between
the n. The Ielurs Of that 6itiiculty-the precise
Character of It viii undoubtedly be differently con-
strued by the defence and the prosecution. lac
prosecution will assert from the evidence winch nas
Tesehed them, berstofore that Il was no, OF naiS
mani character At all and that the defendant, Daniel
Cunningham, knew that it was not; that the WORDS
and the acts tAst passed between them were Eo.ds
ard scts that would naturally occur between ps,tles
uIder these circumstances, and which the deienasnt
or snv ore would nave right TO expect under the
eli inst from time 70 time ths again arose.