The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-24

The Howard Street Tragedy.
CONCLUSION or THE TRIAL or DANIEL CUNNINGHAM
FOB TIE MURDER OF PArRiok MLAUoHLIE, ALIAS
fAupsEK-1nH JURY DnAaRKz AND ARE Dis
CHARGED.
COURT OF GsNzRAL SESSIONS.
Before Recorder Barnard.
JUNK S.-LOug before the opening Of tho court this
morning every avenue ieadiDg TO was hro0god by The
leading pugsss aud gamblers Of the city, who have been
In steodancs at the Trial or Daniel Cunnngham charged
with shooting the notorious Mclaughlin known by the
familiar eoencnen "Paadeen" From the hour the jury
retired 70 deliberate upon verdict, which thres
O'Clock, til near midnight the court thronged by
the rienes OF the accused the deceased who seemed
70 manifest more than ordinary feeling from the COM
mencement 70 the termioaon OF the trial having been
ascertained that there was no OF the jury
ing upon verdict the baIdpy was vscAted end tbs jury
left In charge Of be cfcers Of the for tho night
During afternoon and evening the spectators evnced
tho greatest anxiety in the result OF the t1a INDUCING
speeuisons as to the probability Of the acqats or coa
victoD OF Cunningham. Strenuous efforts msds By
ence TO the ,ons Of the Court the officers 10 sten
dance avoided communication with them. Soon after
eleven O'Clock Recorder Barnard took bis seat upon tbs
bench and instructed the crer or the court to bring the
Jury 10 the Cunningham before him In obsdence
70 hh honor request they promptly appeared In court,
when the clerk asked the usual question.
Clerk Gentlemen, have you agreed upon q verdict
Foreman-No SIR; We cannot agree.
Reco1der-Is there any possibility Of your ssreeanta
Forenan-l doot think there d ta0 slightest.
Recxoer-ksy Aek you u you have CHANGE mate
rally since you retired9
Foremap-There one slight change In the middle
Of tho night, but we stand exactly tho Same
DID at the besnnng the last ballot Is the same as the
nrst
few moments, after which the Recorder sa'd:-H you
think there any removable prospect Of your agreeing
up 70 three O'Clock this sftsruooa before the adjourn
is no chance Of your agreeing unnecessary TO keep
you any lopger.
n and there surh division of sentiment that
not agree.
The Recorder then discharged them for the day. they
having been locked NJ for twenty hours.
On inquiripg 10 how the jury were divided our re-
porter that tho Jurors for convict
thought be guilty Of the fourth grade OF that oencs
while the remaining four were oil the opinion that he WAS
NJ. Chadsey, associated with Mr.. Whiting asked the
Court 10 ok the amount OF bail for the appearance of
CuDpinRhsm alta future term Of the court
The Recorder said that, in the case Of Poole the su-
esta5lhipg precedent tor this Court to 60 by, aud
which he Old net think proper for him to depart from
present the defendants counsel wished 10 move for
reduction Of the bait he could 90 30 Saturday.
After interval Of half su hour. William Marin,
cooper, residing at No. u John street, Brookyn, offered
himself ~ surety for Cunningham, and after being exa
Mined accepted, be showing that no WAS The owner
OF several houses In Brooklyn Cunningham then
reeased from custody and left the Court in company
with large number Of friends who congratulated him on
his release
HIGHWAY ROBBERY.
the first degrees stealing weny five cents from Charles
Bardes but the eitence insufficient to establish his
guilt, and the Jury scquii,ed him.
Charles Butler boy, was placed on tra! for grand
larceny he having stolen horse and wagon worth $780,
the property Of Eomupd 8. Miller. The testimony being
very sight, and the youth STATING that he only drove
wagon away in fun, the jury acquitted him. and he
discharged ater receiving reprimsnd from the Court
Charles kullgsn, an Old man, indicted fer felonious
aseAult German, pleaded guilty IN assault and bat
tory. Az he aggravated by the complainant, he
sentenced TO ops months in the city prison
VIM Bowen pleaded guilty 10 obtaning money under
fslse pretancts He swpdied counsrymsn out Of
OF money by asking him 10 change $100on the City Trust
Banking Company. He seut 10 the pentsntary for
one year.
Nathan Perse Indicted Ter forgery in the second degree,
pleaded guilty 10 the fourth grade OF that offence He
remanded till saturday for sentences.
Henry Losh, jointly indicted With two women who were
convicted Of grand lUccncy, convicted OF recsviog
two pieces Of sik stolen from A. T. Stewart o. Eewss
sent back till Saturday his Honor informing him thai
less he furnished evidence OF previous good character he
would impoee heavy sentence.
Roger Divine pleaded guilty 70 forgery In the fourth do
gree, knd wss remsnded for sentence.
The Court tnen adjourned TO Thursday.