The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-19

TIE uoWkRD STREET Ik40kDxs
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Wss.l or Dansea Cunaineham nsr the 0urher
- Psszsek ncLs1shian, alias Paudeen.
COCRr or GskaRAL SESSIONS.
Bsssrs Recorder Barnard.
SECOND pAy.
ypsx la-ns trial sf Daniel Cunningham, charges
wyA she hintsg q Ps~desa, was resumed this msrnvx
ne sve,sss ,ndi,g 70 the court were biocsei up
py friends Of the socssed and the deceased, among
wssn could be several distinguished sen'.emee Of
che ring Previous resuming tie trial OF Cunningham,
ss honor sentenced . few prscoerr.
James Cak, alias wm Aasrsws, pleaded guilty 10 bur-
gasyy third degree The Recorder In passing SEN
sssse observed that Carl he'd been in the State prison
enc before, and II was hoped that thst mild sentence
would have hsd q dency to reform him bat on the
ss.trsry he was he'd to commit like offences sgsin BY
pleading guilty lad saved himself three years addi-
sisaa imprisonment sent 70 the State prison for
svs years and vree months
James NNtiy. youth, pleaded guilty 10 attempt 81
bag'ary De third degree. As was his frst offence,
sno there a him reform his Honor
ben 70 tho Peoiseut airy for two years. instead or sending
Inn 20 thj Safe prison.
MARTIN powp SENTENCED.
vsrtio Dowt tried for the murder OF Jopn Dneey aud
vioed Wednesday for massisugher in tn secood
qaes ions him. Of which "Wnst have
zen now 70 say Why udgmen, should not be
X
q IT. dd rot intend 70 Kill the man, do not recollect of
MI In MN -
rue Recorder addressed him as follows
Dowd you have been indicted by the Grand Jury and
paced trial charged s,h the crime OF murder Tue
jay, after patient examination aud investgstio OF the
whole matter have taken very mercfu veg OF your
gave you benefit Of ali dou that from
the testimony finding guilty OF manslaugher IN tue
peooDd degree. ln my Judgment the ii, emf
nerty proper The circumstances to my mind leave
DOUBT whatever that you were guilty OF murder, a,
though there very great for doubt from tue
eFnQn I
@st ooubt, and tbey found guilty OF nanslsugher
You have bad the benefit OF able counsel VINO done
they could for you The iebest shnent Can give
you for the offence is in my JUG inadequate 10 the
crime, and for the protection am interests OF society
j viii seud you - the Stste PRISON for seven years.
TRIAL OF DANIEL CUNNINGHAM CONTINUED.
Prick Msckay s-examthed by Mr.. Whicpg-N was
aer Gum inebam left the soto and where
We we're that sad Mclaughlin "Y N had better re-
serve your remarks TIL Morrlssey present Perrs may
have fsd TOO but do not know; after rst
renee with Cunningham Paudeen asked me FOR psso or
. kDfe mean after Cunningham went bebint the
ter am not certain whether il before or after;
don't nins any body beard him ask for knife pistol
Bot me; John Marks Jake Rome Harvey Young, Mr.. Al
n Helm, the barkeeper, Mr. Petrie, and two or three
rtSssgers there: Mr.. Arey there also; think
kDie pistol am positive he asked t$ce; before
tbe frDg Psudeen asked others for PISTOL but do
IN be Was IN the .os Of PaseeU
CurBne 10 come from behind the bar twice. he said
"wnAi are you DOING there Allen don't want you there;
away from behind the barr Cunningham said be
kep out Ct bis reech 10 keep him from licking him hat
be afraid OF him; l don't RENE nber
would out from behind the bar provided Paudeen
keep away from him don't mber what reply
Psndeen made; l didn't hear him say tnn be would
let him alone; almost Immediately after he came from
behind the counter and reached the end Of it, Pau
d-en n sde rush towards him. aad Cunuineham rent
bss then Perie made rush towards Paudeea aud STOP
ped blm Paudeen told me when talking together
that be Sould HEX Cunningham before he that
Bixh. never had difficulty with Paudeen; ] q
fra nd Of biz not good ter with Cunningham
81 the time and Pauieen knew IL, for talked the
seep say before this pgnt that he hex Cunning
han knew that Paudeen and Cunningham knew each
me- from PsnSaen's nhvs,,sl III crnn
han wss IN danger " be tackled In with him
. From your knowledge Of the man and what you saw
MAJ night 90 you consider that Cunningham was in per-
soma isbSerf
Orjec ed TO. Objection sustained.
The Reoorc took this opportunity reuder his de-
essD re'afve 20 the sdmissaoty OF question put 10 M
B-Ds yesterday as 10 the character Of the decessed
BOpor said he ceenants couose can give evidence Of
Ne d. ceased general bad character, being q savage
nd vnoeHve man, provided they hrs essabisoei that
NE oefebceut knew this At the time Paudeen made the
suit on bin
Examination contipued-Q. Can you say whether Gun.
PsuGe hg't ng man A. Yes, sir, IN he did;
hsos positively thai Cunningham knew that Pandeen
O. ID you koow OF the attack tina, Paudeen male upon
Mr. Ieycratf Objected
Q Wa he hgntpg character objected 70.
q What was his character for brutality rs fighting
hghtrg have heard Ms hgntlDg qualities
sposen Ct IN the presence OF Cunningham, several
cAssons relative 70 the Poole affair heard IL
sse occssioo in Aliens IN Ilspebard do
m~uber whether Cunningham present or not as ~ Is
th,ee or Tour years age hcLsasnhns coaras.er was
han ov Ithipk Mr. gill was there, and am quie
sore O. uninghNm was present wa ge1eral bar room
t.R thssrd u. and snppose Cunningham heard " also
heard MCLAUGHLIN sc,er spoken OF In Mr. McCAnns
house 10 Ho.sro street do not remember that Cunning
bar By any when MolsuCh e character
N. IlOrcnCee.
10 Whiting -rhe Character OF Paudeen, q fight
IA usn wAs discussed at Florepces Cunningham WAS
sufficiently " hear what said u Paudeen, be-
cause be was standing at toe bar orinsng,
q Atna time what was his character said 70 be ss q
tgnubg man Die they discuss his manner OF hghngf
A dd feel sufficiently iotorcsted In the conversation
% bear what they sad about him.
Mr.. Whliing proposed 10 show thai raudeen attacked
resceable citzeus and absolutely mamsd them FOR The
hove oi lighting that In ono instance he bit on The
nose Of gentleman who represents the beat Interests Of
RscorderYou have put the cart before the horse II
was re individual referred 70 that BIT OIL Paudeen nose.
M whiting proposed also show tina, Paudesn attack
cd czeu and broke his Jaw, fr which he convicted
IN this Court, With Yea Of showing the 90 anino with
ubsh be ordinarily attacked persons
The Recorder decided sfsr arguneu,, that Mr.. Whiting
osuld show specific bruay others by
ths 6eoeased ani also that he oou a NOT shox the de-
oeaseds general bad character az lighting man. 70
Which counsel for The prs ones excepted
Witness resum ng-hclaushlin aooui I've feet eight
ioohes dht knos his age he was Young man; tads,
hg from hs APPEARANCE, should say he VAS powerful
man; be appeared 10 be a muscular man.
Y What would probably be the eject OF severe blow
spou tbe bead Of CUNNINGHAM by Mclaughlin
OBJECTED -, and question overruled
r.. direct OK aminaton-I have known Mclaughlin for
NE last years; have been intimate with him FOR three
years.
10 yeu Know Cunningham ability o. fghiing man
haye beard him spoken Of ~ pretty sa.At lighter
Cor q little fellow
Y And oct much afraid Of anything A. Yes, SIR
TEsuEuNN unouOkk EDsAR-
Theodore Edsar, examined BY TIE Assistant District Al
horney lie sad reside IN brooklyn; q; Mr.. Aliens
and three O'Clock, but csnnos exacly say what time
two brothers Of mine wore IA company with me;
there eighteen or twenty people in the room Gun
nns ham, Misughn, Petrie, Blu, my two brothers and
myssh M Young, officer Tease and The baTxeepcr we're
also present, tank Nc. Arey there, but arn not
positive; there was nothing going when went 10
bu cobycrsstOo and drinking; everything appeared 70
he G1d stayed there probably teeo minutes and Sent
cot sbssut Ten fifteen minutes wnen rctrrued
I four Eve men standing "a King ab0u. 6ehtug