New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-19
Ia " INTELLIGENCE.
TIE HOWARD STEET HOMICIDE.
TRIAL OF DANIEL CUNNINGHAM FOR THE AL
LEGGED MURDER OF PATRICK M'LAUGHLIN.

LEGGED MURDER OF PATRICK M'LAUGmIN.
SECOND DAY.
TIE proceedings in the case Of Daniel Cunningham,
indicted fer the alleged murder OF Patrick Mclaughlin
were resumed yesterday in the Court Of General Ses-
sions Recorder Barnard presiding.
Mr.. Whiting proceeded with the animation
of the witness Patrick Mickey The following tes!i
mony wss elected
1t was after Cunningham left the sof. and came over
where Paudcen wss tast NJ Mossey sf present
after the first c,urrence with Cunningham, Paudeen
asked me for knife or pistol | mean after he had
taken hold of Cunning lam before the counter, AMI
was separated; | AN rot certain whether Cunning
ham mad got behind TIE counter then or not; Pau
deem asked me quietly If | bad got pistol said
no; if | had got knife, AID said no; | dont
think anybody heard ths remark bu. myself;
John Maika, Jake ROoue, Harvey Young, Butt
Allen Mr. Helm, the bar-keeper, Mr. PetrIe, Mr.
A.rey snc two three others, were there thnk he
asked l0c pistol or knife twice before the hting
of tie pi to! he ssked two others for pistOl
coud haai H. at III q .ise hse rot seen Cunningham
have pistol; did not see the pistol until Cuonins-
LauI was in the act of shootng Paudeen asked Cua-
npghsm Crly oLce 10 cone from Behind the par, and
be repeated the request once or twice; he sad,
"Whst are YOU doing OehIcd the bari Allen don't want
you there TO tend par Cunningham said he came
there because he Ess afraid he (Paudsenl would lick
hin; cont remember what Psudeen SAID to thst;
Cunning lsm sSid lie would come from behind tue
bar AID 90 away provided Paudesn would keep
away from him. L cont remember wnsi PAU
dee said to that; almost INN diatey alter that Qua
nlpgham cane from behind the counter; as he got
about three four fee, from the end VI the counter
Paudeen rushed at him and he ran back, and Petrle
aud Turner augEt Paudeen and stopped him; Shlle
PaudCen scd talking in the middle of the fioor
he seid lie would lick Cunningham before he went
out | was friend Of Paudeens al that time, bat
was ret On good terms with Cunningham; Paudeen
knew that, we had talked the matter over two or
rcbt he that.
s'andipg the corner, and beggar boy came zap
ard asked for soinething and Paudeen told him 10 go
70 Dad Cuunr guam and he would give him something;
lie atprwaFd told me be aid no. Ike Cunningham; no
never made any threat egarst Cunningham uotll the
night Of tns homicide l did not know ths. Paudeen
and Cunpin CHAM had ever been on terms ~ intimacy,
but kew they were on speaking terms OF acqualnt-
apce; but never knew Of any difficulty between them
before jucgI from the physical powers OF the Two
men | should judge that Cunningham would be IN
dsneer from Psudeen If ne tackled in with him.
Ga the nuastOn of character, the Recorder decided
On TIE p6iLt raised on Thursday, that the def,ole
could give evidence OF TIE cecesed's general bad
character as being savage and yindlctye msni pro-
vded they first established that the defendant knew
this at the tine Pacdeen mace the assault upon him.
@. Gao you say that Mr. Cunningham knew before
tins hight the general character VI PaUdeen ~ hght
irg man A. think ne did, be knew lst Psudeen
was enc Of tie men who wore present. al the P0o!e
MURDER.
o. From your Knowledge Of Pau5een don: you
kLty that Cunnng CHAM knew VIVA! his character was
as fighting mao A. Yes, Sir have heard Pau.
ceeu's general charscter as lighting man spoken OF
10 the prsserce Ct Cunningham Cunningham Inust
lave beer By, but cannot swear 10 it, II was tour
years ago sbcu, tie time Of the Poole murders the
mater was talked Of al No. 10 Lspsnsrd street; Il
was sl.o talked CT ct tloreGce's. on the corner OF
Brcadgsy ard Walker street about eighteen months
ago. Cunningham was there then; l tninE george
Hill was there / know wo went toge:neri !. was
general bsrrOom talk; don't know thst CIanins-
lam took uaIt 10 the conversation nesrd Mci.augD-
iin chsraGter also spoken OF a. Mr.. McCgnns house
10 Hoysrd street; don't lecolsct OF srJ particular
occafiou when Cunning nam vas present, Waen fsu-
deems character was scussed. -.
TIE RecOfde!-l dom thlDk tost eF!ISlC7 o'AA5'
the know edge TO Il witness.
Wi-rsss-PaudeeI's character as lighting man,
was discussed OF tie occasion q, of sncs Nu4nIn
ham was standing at the bar dnlkles, shd was SUM-
cierty uesr to hear what was salc.
O. What Was b.s character as hgnuog nah S.
to Ia ~ thst time iObscted 20 by Mr.. Sedgwlck,
AID objection overruled. A. dcnt feel safhcsnuy
/ Interested 70 listen TO what wa sad ABOUT aim -
Mr. Whiting offered 10 prove s9eclnc acts Oh bru'si-
/ ty Of the deceasedto" ciI'-S-' aHD 'N~'''
He also osled TO prove HE personsl character ss
, brutal ard ssvsge Uar. tOveTuled.l
! Witusss-Paudeen vas ABOUT i've teet ard eight
inches; be wss ycupg man; nsvsr saw aim strip
/ rad but should Judge he was poTertGl man; he
was round -chested, seuare-shoudered and mascular
To Mr. Sedgwick-I knew N.LsugaLA sbou. siS
v,srs ard very Intimately for three years have
80 Curnr gGam spsken OF pretty smart fghtel
for a little fellow ara rot much afraid OF anything
Theodore Edgar, called esd exanioed by Nj. sefs
vick-I aside 10 Brookiyg; ! wa in Mr.. Alsns o.
! 10 Ii0tt cf TIA homicide got there between ana
orlces: Ihsi two geItlemsn With me when went 70
n ey sere ny bronsIsi suppossthsye ware tiS oss
or twerty there; Cunningham, McLsrghlln, fsa'' o
HI III two brothers. NY sell, Young, Iesse. S, =
,ba bsI keeper, HeLns acd otters whom eoa
wsrs tlsrs, I t5.tk Airsy Wa tas!e' taoJ
d.LSi1s srd e0lTssstag 9ea l vsoi mi ss&!-io'