The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-22
TIE HOWARD STREET TRAGEDY.


Trisl Of Daniel Cunningham for the cusicr
OF Patrick BlcLate him, alias Paudecn.
r"' COURT OF GENERAL SESSIONS. b
o> Before Recorder Barnard ',A
p '@ GO THIRD f-,
JUNE 2l--The court room was depseIv crowded this
morning by the Dead Rabbit arstocracy the elite OF
gambling saloons the leading shoulder hters, and the
most notorious members the fancy listen the ev-
deuce in the case of Daniel Cunningham, charged with
killing Paudeen Al half past eleven O'Clock the trial was
resumed. 20
Harvey Young, examined by the Aseistaut District At
torney testified a. folovs-I reside No lls Prince
street, present Aliens place the night McIaugn
lin was shot; went there with Mclaughlin; Can.
bingham Petr!e Marks Quicker Rome aud several others
there when went in they we're all standing driadny
they asked (McLaughn and myself TO drink and
did 30; ctood there talking and heard Morrssey's
mentioned; Think 1t was Cunningham that asked
US take drink; Mclaughlin and Pe.re TALKING
about Norrssey, bu. did not hear what they said Nc
Ianehlin said 10 Petre, Morrissey is loacers'
Cunningham said, "Don't talk that way about
him, for he is friend OF mine y Canning
ham took hold OF McLAughlu's collar thirk
NcIaushnn said, "I you aout Ike 70 listen 70
il you peed Iot,r and he told hin let 20 OF bin;
then Mclaughlin attempted = break loose; Pe,rie, Tnr
ner and two got hold or both Oh them aud pulled
them apart and Allen took Cunningham the other end
OF the bar towards the ~s, ana conn 1nced TO talk 10
into difficulty about other people Morrssey was big
enough to take of himself, and te (CunDnghnnJ
could not make every body think as he did aoou. Nor
the bar and Mclaughlin and he came pretty coming
together again Petre grabbed hod OF Mclaughlin, and
Cunningham behind the bAr anc sad he could not get
out; Mclaughn said tina, he could smack Cunnnghsuns
mouth; Cunningham proposed 70 bet dollar tnat he
are you dopg behind lheresy GU
Cunnn CHAM oat IRON behind Tie bar ato tue md
die on the floor and SAID am lot AFRAID 10 20 out be
"a with 4 MA n nArl dOOCn
his side Mclaughlin asked Il pay aooy had pistol he
did not get any; and Capninehsm went behind tse
bar again; they stood there Tor sote tne asxei
MoIsushlp to come out said, PAud, have
drink With me before you eo' We turned round and
leaned The bar and CoDorRh up 10 that part
Of the bar AMI leaned the other aide heard Mcangh
lin ssy, 'fYou wou,c no. shoot me- cunningham then
sad, Lei 60 o. ne1Sse' t.9 three, ! Then beard
- Good bye, I'm gone" Cunningham came out from
behind the bar and said y ary Of his (icIsughlinrl
friends cd Dot Ike he would sve them satisfaction;
did not drink any intoxicating liquors that night only
sarsaparilia and SOFA; nothing said done 10 the
prisoner rs be came from behind the bar.
Cross aminec by s.r whitrg-f have lived Prince
street since Mag hved in Jerssy City before that
doing 10 business in Jersey City, hsve had no business
the v years. speculate around thing that
can make money al; my means OF Irving Is money;
make The sane as CHER people DO am tipsni,h By
trade, hut DO nothing but speculate gamble for living
acquainted with Mclaughlin Tor nvo years; not
ntmsie friend Oh hts; met him On the night In oucs-
wen ~ sne ans We s v,o,ie ~. 'osSss we
or al ytbng ese thai have SAID dtsok iwoe At 10
Bowery, ence al lorences and once ii Dermoits was
not on speaking term With Cunningham at this tune, bot
not hc<te btfn real, but wT.te cannot
read wiring; have read some parts OF back: never
sr yssrs od nsvef read chs,er 10 iss Bbe' nu, have
often bsu my nand an positive that did drink
oder that night; crnr,ghsn oek bold OF Mclaughlin BY
and eu with the lett hsno Cunningham did not thr eaten
him suppoe be took holo OF him oecsuse be talk
ing about Morrssey; Mclaughlin tod him 70 let 60 aud
tTed to break loose from biz Cunningham sad,I boat
talk thai way about horiseyi there we're number OF
people present beside myself; Mclaughlin said, when
Cupr ham behind the bar, that he ought 70
smshod Bis mouth koiaus HIN called him u,le sucker
Mclaughlin DID not cay thai be would lick Cunningham
before he went that night be told him that be
California shooter; be did rot make any attempt at thls
time 10 Drag him over the couoGer was standing behind
Mclaughlin, Turner ana Keys they in 'front.' there
was DO perscn between me aud McTanxala could see
CuDpi CHAINS tsaa; I swear thai Mclaughlin did not
seze bod Of cunEnsbaU lo es BIN over TIE COUNTER
bit suppose he DID for hesrd him say 'Le, OF me
"ie, 90 Of me- Oh not hear Tim say oct 50 Of me or
T kii VOW oont think Mclaughlin sad shal Cunning
ham a saucy little sucker; did not the pistol
when Il was fired; Cunningham did not le McIsnghliu
nssss az 10, say that Ne w.ud cine from bebpd tbe
bar ard leave they would let nlm-no SUCH thing.
McIsuebn drank notnug pat CIDER yet ne appeared 70
he affected little, Il never Mclaughlin Rshi don't
know whether he wsss fighting bad a fe@ words
with him once; he h, me on The bead, %. did
tine saw him ha apysooy suppose hs
would weigh las pounds; Peirio appeared % handle
hin easily that night don koos whether he vas very
not testsy before the Coroner ths, wha, drank that
night c,dsr; have NOT hat several agbB; had
fight 9TH Mr. Willis and took or part Of one OF hs ears
with my tech; have not taken glass Of liquor since
March 90 not remember the evidence gave before the
Coroner but answered ell The questions that put
me; did not make my mark 70 my testimony before the
Coroner; could not Jake bold OF the pen self
Counsel for the defence admitted tina, the pistol pro
duced by The District Attorney the one which
used on the night OF the ARRAY
Mr. Sedsvck said be would close hs for t1s peo
pie by reading the testimony Of Dr Dubois hOuse surgeon
OF the New York Hospital az given before the Coroner
the pbysoiAn descrised the cJndon OF the deceased
~hep admitted Into the hospital, and testified that the
woun ia alcied by the bullet, causing Internal heuor
rbsee, resulted 10 the death " Mclaughlin.
Or. whiting sstec The Court 70 cali number OF vt
which summoned oy the prosecuting ofcer,
Toe Recorder said that be wsud no, dictate TO the Dis
irict Attorney ~ 10 what course be should pursue.
Mr.. Whiting asked TIE District Attorney be Intended
for convctioo for MURDER 20 winch query he re-
piled in the affirmative.
Counsel for the proner thsn proceeded TO open the
lie ssd the defence stood upon the broad ground
OF eef defence. Mr. W. asserted that Cunningham had
perfect ght 10 shoot cIauehin, when beore doing 30
he told bs sssAaDt, he did not lot BIN alone, he would
Nil HIM 1be speaker maintained that there was an un-
influence bToush, 10 bear sgsns Cunningham, and
had been carried snce the Ooroner inquest aud that
be elect deserved the thsnks of the community for put
ting the notorious that dsgraced the fsce
sf the e,g,h out 81 The Wy Evidence would be pro-
dnced o cooborsie All the Witnesses for the prosecution
save the testimony Of Young, 70 show that Mclaughlin
threatened cunningham and that he "" srsid OF being
ssssled.
10 consequence Of Me immense amount Of criminal busi
10 be iran saced this term, was found necessary 10
procure another room on the second oor, 70 which the
counsel Jury and witnesses In this retired al
O'Clock ssxps Judge Russell IA the Sessons 70 dispose OF
several cssss Of burglary and larceny. II
AMER Of bali an bovr, Mr.. Whiting proceeded
PsiFicy Nackay The Gre, witness II wac examined
bv the prcsecnt1n
z Dd Cunningham On the night Of The shooting seize