The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-18
Trial or Dar1el Cunningham for tho Murde
or Patrick H1cLauehlln, alias Paudesn.
COURT OF GENERAL SESSIONS.
Before Recorder Barnard.

The process OF empannelipg Jury was then COM
menced and at the expiration Of hour, the following
gentlemen sworn TO try the Case
VIM. Wood. ...... Banker.... ..... Wall street.
Alfred L. Brsow Provision dealer. .102 wsverIeyplAce.
Robert Beatty Jr.. Book binder lis Spruce street
James ssyhs..... Insurance broker IS Thompson st.
v Harrison. Pisno deAler.... Jog vArck street
poSs TaSs nnsni;s aS2 MADISON strse,
Aueu,tus Ailecnd Produce dealer So vsrick street.
Abra G. Carpenter shpbulder.. 81 Gouverneur st.
Frede rick whips Stove dealer. $50 Grand street.
Siephep Griffin Bookseller 1874 Sixth avenue.
Horatio Reed ..... Dining sslocn ..1b Bowery.
The Assistant District Attorney called the witnesses for
tho prosecution, but Of them answering to their
,.r.,s M, court took . recees Of an hour when NJ,
sedgwick opened the case Is iollows.-
GENTLEMEN cy THE JURY-I shall desir you but
nmspt IN opening this shall very brie,s state 70
law as applicable 70 the case The name OF the defend
s Dan iel Cunningham (which indictment you TO xy)
for the murder OF killing Of Patrick McIaugh
lin the Goth OF March, You undoubtedly know, at
least will be charged BY the Court that 10 your province
either to find him guilty under the Indictment or OF
degree Of manslaushxr-there being four Of those dc.
greesor lot guilty. The case is an extremely important
enc berg che peculiar to the nstusons Of New York,
and enc which il s appropriate that New York jury
should pare urou that every citizen who should read Of
It, and shall take the law from this case, shall know the
exact rights that they have 10 this community. The evil
deDce win be briefly ths-That this night early In
the morning. he occurrence having taken pace betw een
and two O'clock the deceased and tho defendant
being in rom Of mr. Aliens "a place Of public enter
snd words parsed between them The precise
OF the difficulty win be undoubtedly construed differently
by the defence ard the prosecution The prosecution will
assert from the evidence that has reached them
heretofore that II not OF malignant char
scler at ALL and that the defendant, Cunning
ham, knew that was not; thai the words
and acts that between them words and acts
that would naturally occur between the parties under
those and which defs ndant had right
TO expect from he surrounding circumstances that the
difficulty tubsided but again arose there bcpg pecu
Of words that just before he coee they wore about 70
part friendship when the deceased ana Others In which
then in ocular manner the deceased offered to bel that
be would slap the lace OF tho defendant making
race 70 sc showing spy intention At that time TO DO n
feared ever simply putting bus hand upon The breast Of
Cunningham, drawing him towards him; tina, a that
one two three and shot him. The question for you
determine whether not the life Of any whoever
he may be- yet still human being having soul, and
fore him ths life could be Akea away from him
by the violent Get Of the defendant whether Is
important society that that act should have been suf
tered, that Mel auehu's hte should be taken away.
The prosecution under the evidence that has reached
them, ccntend kat there Justification,
the part Of Cunnr CHAM IN using this ptol procured
end carried for such purpoec ~ that for which he
nreham no, excused in using the pistol, and !.
mans for 10 upoer the evidence of what degree
Of crime he guilty whether OF murder mansAushter,
in rome OF The degrees OF that offence
Charles Helms swoFn-I am gas litter; Was attend.
ing Der fer Allen, "a Boxard street, tho night Of
e 10th OF March think frat saw defendant between
t.olve and Gre had known him by sight for Ave or
SIX years for tho last two years think have spoken "
him, but had no pesSsr acquaintance i cannot say
whether ] saw Mclaughlin or Cunningham hrst that
night the FIRST beard was a repart made by McLsugh-
lin that horrissey was id loafcr; don't know what
called tina. the deceased and the prisoner stand
rg together, a. reooeot; there threc
four other present. but cannot tell exactly who they
rr ,Ss enr.nse from q Howard street eso are
ihce doors from the street 70 the barroom there
four foor the rom three CT which are always lacked
the bar opposite the door the enrsncc from Howard
street. diagram of the house shown the witness,
Who pronounced II correct The jury then examined H.
damned oaer Was standing toward The end OF the bar
Cupptebsm In front, about the centre Of the bar,
about i-elve feet from him; Mr.. PetIie Hl Ciscker,
yarts, ALE Turner in the room; think Mr..
Tease the but not certain the next thing
] noticed vas scuffe, whep think that Mclaughlin
had beid Of Cunningham by tho collar; heard Gun.
bingham cay at the same tmel "Le, go OF me-,
very buoy attending ber and d1 not ncuce very par
teulsry beard words then which ! could 20, bear
usSe effort 10 get behind the bar, but his friends
tuppcsed erdesvurcd 10 stop him he got pretty TO
think Mr. Turner and Petrie stopped him Cunninsham
was then between and tho wall behind the bar; the
si TAX ng 70 whom could pos say Oh not notice zoe
prisoner much btcanse was very bury; when Cunning
ham hst behind The bar Old not him have any
thing tl baf an hour afterwards; could not say what
Mclaughlin said, 40 was engaged attending 10 tue Gus
pmer, beard MoIsuehlios and Cunning ham's voices
vsIsusblin, Or aP.udeep, csush, bold Of cannD CHAM
by the coat saw that; could not say whether was
before or after that cav The pistol but think was AZ
trvayds; when Cunningham said, "Let CO." Mclaughlin
dis 90; Mclaughlin said, "The rex, time ] see you III
smack you The mouth" snd Cunningham said, "No he
would not after While be made aremafk thatbe would
on him Tomorrow; Cunningham caid be would not
Mel surhn pulled outs quarter ola dollar which took up
Mclaughlin, MT loure AND MI Hill Then stared or me
about twelve thirteen drank; the prisoner aud
McIsusblin, Plat Hi, Msckay, were among the number
BAN, 'You Californa prize fighter and son Of
b-b:,' cannot remember what reply Cunningham
N ace cannot remember thing elsc that said
denr remember an thing ster an the rho, was fired
In the act tf pchpg up tumblers behind the bar At
ua time did rot look at the prisoner butsaw hcLsugh
I'm sagger end fall faw rohinR of the prisoner after
wards saw the pssto before they took drink but
net say how long; might have been half an honr
hour can't exactly say; Cunningham mad the pistol By
bs side standing behind The bar kcIaurhla wss in fro.t
~ tire bar doing noihng did not CuDnIrrhs 20 any
,birg with the rsio be bad only ten minutes the PTS
to hid by the counters this might have been bali
hour or an hour before the firing: think Cunningham
was behind the bar an hour and half altogether don't
UIet 40 Of me-, be may Rave said something elre but
Co rot recdec the door Of The ball room al the rear
Of 20 Howard street was open at The time.
Cscss examined by Mr.. whitng-The bar snd ball ROOM
SIC and the ssnne there Other way OF escape
from the rccm save By The door Of No 25 nclsughua
went by The cf Psudeen never heard him called
ucIsuahn Re wss IN The habit Of coming 70 that place.
Old ni know what bs business was or whether he vas
trgsssd il sry e po, nigh. have been bal, an hour
after he came before he spoke OF korrissey mink ne
WIS pkrg b. Mr. resrie; The rewon WY ruurrghsm
went behind ihs bar was tina, Mclaughlin made ar enoft
10 qft bod NJ him; wss stsndng m the centre on the
bar Gun an passed and went into the corner ~
rsr a. he could Get into ~ only ssw Mclaughlin take
c,c cb,d when tbe sbot uas fred Psudeen was
ihrh "a n o. sro great deal larger then Cunnnens
I should thlrk re wes very tuoug man, prcen s"o"
dsred Al a taller than Cunningham.
o was be what Il termed lighting man
OSected 10. -. 49,. ..-o,-e,v
M whiting argued At great length ~ 70 w Pupa s
~ ss.nsr ne ousetirn rnantsnirR uyt VI Cunni ognau