The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-29


CHARGE OF PERJURY AGAINST THE COMPLAIN
AST-THE PRISONER PROBABLY WILL be DIS
CHARGED-EyIDESCE OF THE PRISONERS NEGRO
SERVANT, OF CATHARINE hrLHEARN AND Her
SISTER.
At ten O'Clock yesterday morning the of Robert L.
Willis charged with having murdered in his alleged
gambling saloon on Broadway was brought up before
Justice Connolly, in the Tombs.
Catharine Muhearn upon whose evidence the prosecu
uon principally rests again placed upon the stand
Her testimony was chiefly rei,eraton Of what has
already been published She described the position OF
ctern No 5sl Broadway denied having thing
from Mrs. Willis, and declared that Henry, the colored
man. scrubbng the floor the morning Of the 22d Of
September, at five O'Clock The persons in the store
adjoining the house had the yard and cstcrn
The counsel for the accused stated that the witness,
Caiharne Muhearn, stood there charged with larceny
and is under bail. The crime was Of grade less than
felony and the bail should be commensurate only with
the crime with which shc stood there charged lie be-
eved he could by the oath OF 1--WE witnesses Henry
Clark, Robert L. Willis, Sarah Willis, Mrs. Mary Ann
Rocklif and James A. Duffy, policeman, that she
guilty Of one ofthe highest crimes known TO the wthat
Justice Connolly declined hearing such charge at tina,
stage OF the proceedings and ntmated that the counsel
made TO intmidate the witness.
The prisoners counsel demanded that Catharne Null.
bearn should be required TO furnish further bail de-
clarng that he feared she would forfeit her bail and alb
scond. The application was refused.
The prisoners counsel then inquired whether Mrs.
Rockn would be placed the stand and whether the
Justice had been advised not 10 examine her The JUS
tee replied that the in which she had conducted
herself in court Saturday making the voluntary
men which she made, had shown u TO be nadyisabc to
employ her as n witness.
Henry Clark (coorcd) being duly sworn said -Ihave
resided nj 5sl Broadway resided there fourteen months
a servant Of Mr. Willis. my duty 70 attend the
door Of crrands keep the upper part OF the house
clean the entry leading from the front door to
the back stairs remember the night Of the 10th OF Sep
tembcr last was there retired TO bed between three
1nHf l0Tk IN eat mt rlx Ina
there gentlemen In the parlorabout half
dozen Of them they went away between three and four
a. NJ, don't know the names OF any Of them. had
seen thcm in the house before that evening" they ordna
ry left a, O'Clock little later they did not drink
any liquor the house that night Of them were un
der the influence Of liquor, there quarreing or
loud noise IN the house tina, ght got mp between nine
and ten O'Clock next morning.
Gross examination-l have been locked NJ In isf since
week las, Tuesday locked up by officer: he did
not show any warrant for doing n. did he tell me
for what was locked up, | had no, committed any
crime. have seen but my sister she visited me
IN the Tombs know Ca,harine Mulhearn rccoect tho
Friday evening she left 5si Broadway got Up between
eight and nine clock the morning the dry she left
did not see her 80 early four or I'VE O'Clock that day
did not wash With soap and water the walls OF the lower
entry on that day never washed those walls with SOAP
aud water cathane Nuhcarn did not speak to me about
securing the walls the day she away and did not
tell her TO mind her business. never had any con
yCrsaton With her about Washing those walls: Cltharine
len the house after dinner Friday with her sister, who
lad bundle 10 Der hand. know the location Of the
csern m the yard you could not see the ostern from the
stands on the cstcrn square box without bottom or
top the side o. the box the top 81 The cstcrn al the
inmates Of the house had 70 that cern NJ all times
used sometimes to draw water from Il To water the
plants, the Saturday after Catharnc left cleaned the
stair rods on The top Of the box the cstern could
tell the difference between head and the head OF man
in that cstorn can read and write did not any blood
in the lower a way the day Ca,harne Mulhearn icit
did scrub the floor on that day. never scrubbed IT,
| awpke pretty easily; | slept on the door with
Gatlarne, did net hear any noise the night or morn
ing preceding cimrnes departure; 1never scrubbed
val In M4fkr alsput
wall or Goor during her residence there.
heard any disturbance that house during my residence
there.
Redirect cxaminaton-Q What business was carried
on in bs, housef Question objected TO- Court sustained
the question.
Tic counsel for Robert Willis desired tho Court 10 in.
struc the witness that he need the question
IL would tend TO inmate himself The Court did 50.
The witness answered That no business was carried on
In that house that he knew o.
Re-cross oxamination-Mr Willis lets out rooms In that
house three or four gentlemen have rooms there since
have been prisoner neither Mr. Willis, his wife, nor
any one else has spoken 10 how testify IN the case
The witness was then discharged.
Ann Mulhcarn sworn reside al No. 1872 Fast
Twelfth street; ! know the premises NO. bsl
Broadway; ! live with John Blake, my sister lived
al that house a. domestic, visited my SISTER on
Thursday, between seven and eight O'Clock v ~ sue
told me then that they murdered there on Sunday
night, she told me 10 out 10 the cisern aad che
would show the man In it, and remarked TO her
then she came up the stairway and showed me the blood
upon the right band side Of told her she should never
sleep there another night she left with she wanted
20 got The CITY Hall and publish ~ told her no,
would be Ike i was IN tie Dr. Burde case-everybody
who was mixed up with would be put IN the To mbs;
this conversation occurred the night she left the house
she left the house because the murder committed and
u was gambling house besides.
Cross examned-l am not married; don't know how
old am; J am abort twenty six years old ] can read.
cant write; cant say how often have talked Of this
murder With Judge ennoy, did not see any blood on
the noor spoke 70 Judge stuart about H. did no,
talk 10 any other person about "; did tax
Of II 10 my brother also talked Of IL ~ Mr.. Duly and
others am under arrest for stealing; Mr. easy s my
bail don't know his nrs name. hc also tht bal my