The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-17


Dowd guilty Of mansaughtsr IN the second degree
TRIAL OF PATRICK LALLY.
..,-.o-N-~oo~o>o~o~o~~~
Kings County Court Of Oyer and Terminer.
Befose hon. s. B. Strong and Justices schoonmaker and
Emmons.
SECOND DAY.
JUNE Is The trial Of Patrick Laly for the murder Of
George q. Smousop, continued to day. The attend
ance, anything, was moro numerous than on the pre-
vious day.
The following evidence was taken:-
Dr. Ayres reca,led-Science afforded no Of judg
ing Of the position Of the persons striking blow
Their was upwards downwards, but probably It was
struck obquely and mot directly from the 'front.' was
John NJ Perry sworn-I reside at o. Duleld street, am
mot now in business was Deputy Sheriff till the frat Of
night i question saw he Ursousr IaIv tpere he came
in between six and O'Clock; two others with
him have been informed their naAes were Mellon and
McGahey Old not know them LAly came In In frons he
nodded 70 and went into the room in the where
the bar Is cav them going out Of the house heard
one say he could lick any OF b-h in the h,use
turned round and Lay his hand resting the bar
and bis face towards me- one was In the front room-the
smaller one-McGhey.
from the rear room; Lay was in the back room, aud
vera ether persons the young man In the front room
was somewhat boserous, and demonstrated with him;
told him he must net make any difficulty there; he said
he meant no harm by 1t; that all In fun
thing Of tina! kind; he then walked towards the fire.
minutes, or moi 50 long started to go out at the
picked up evening paper and came back stood Ia the
front room under the gas light reading it, my back TO-
wards the door; while was reading came and
said there hurt badly, dyiog dead, ct the
foot Of the STAIRS that Mr. Nodne the stairs led to
the street, went on. with others and found deceased
ing at the foot othe stairs the sidewalk did not see
the prisoner when he went
To the CourlIhe deceased lay on his back. with his
feet towards the East river and his head towards Fulton
street; should judge his head foo. eighteen
inches from the lower step his head the let
hand side of the step than the middle; he LAID straight
q bed and recognized him; did not either of the
accused or Smonson going out; had seen Sinnonson
there at five O'Clock; the last time saw him he in
tie room; Was probab within FIVE feet OF the ball door
reading; heard no noise in the hall or the stoop
ears when went 10 M Smonson was there, Mr. Van
yooihis, builder, Mr. Raymond, foreman to Nodine, Nc
hicks Post Of p.vements Mr. Storey the
In shortly after Mr. Perkins and Mr. Chss. Hamilton
they all acquainted with Mr. simonson Mr. s.
smoking cigar ana taking they were drinking; did
Mr.. s drink, any body else particularly; there
was no game played or implements for playing that saw
did not see bear ether Of The rcs SPEAK TO each
heard nothing from the front room except what he had
said did not know how or when either Of them went OUT
NcGahey WAS talking about GRhting was talking 10 me-
do not remember what he said 10 me- thought he was
soter they wtre dressed in dark clohes Mellon hal
lead 10 disturbance and believe toli him thought he
had better 60 he would be locked up he aked who
would do told him NOBODY else did II would put my
hand him and opened the door he then made the mark
II was al In fun don't remember that showed him. be
did not atemp. 20 strike modest mo- thai IS all
or heard; no one came 10 my besrng and said thcrs
was fight outside when McGshey aud we're tslkiax
together Simonson was In the back the talk
entirely between US Il was very dark; It was showing
little; don't know that could have Simonson's body
from the top Of the stoop good many were going down
don't remember when the oyster boy came in; u was
cold night the steps were not slippery
10 Jurorl was standing with my back 70 the door;
The door shut, and my attention was on the paper
William Van ycorhes, 81 Fleet street, sworn-was at
four Or i've O'clock; Was saturday s,ernoCs saw the
priscnsr four or I'VE came tosetnes saw there were
another named Draper saw some others know Mellon
and Mc0ahcy; missed Woods and Draper 5000 after.
WARDS did not the prisoner aad his friends 20 oat
did not see simonfon 90 OUT heard no remark about
being outside was in the back room was in the
rear room, With my back towards the door heard the
words "0ood night, Mr.. smonson'' DIDN'T kpow the
voice II was after they had been In some little While Il
apparently in friendly way; the conversation
Gil friendly; had known Simonson from boy be spoke
lsughrey about what ne snd when he came In said he
ddn say to or mean So sad that he could lick any maa
10 TIE house at game OF cro heard Nodine como In aud
announce Bome one Saa hurt.
Croes xsmned-l sooi 10 front OF Lsiy when he was
talking 70 smonsoni ! hso oeen nkns ana smoking
frem four or Eve O'clock don't knor vba, he drank after
reg nked all banda TO take drink doctknow how many
could no. say whether vas ays voice or not sh., said
going out AL The sue.
To The Couri-Ihere was dispute between Perkins
and Noine not octReen snese parties Al ALL there va, no
loud talking tee suo d ". controversy Vas soe ous
ness mater between me two oost remember that was
referred 70 sner lAily cam "a
Hcks Post srorn-Wss at toreyshouse On the evening
alluded 70; was In the back room; heard laly make
remark that he could lick any son OF b 10 the house
or someftirg on that KIND be came right through, made
that remark and walked 70 TIE bar Lazy and his friends
walked Up and took drink Perkins and Moline were talk
hg and laly iuterfered; man named Hsmblin told him
not TO Interfere win ~ who we're taking 81
mtnson took LAZY usk sna tsd ne ought nol 70 say
whm ne oio ne mo ne Oio not sy So wa, ne SAID ne
conia peN a.y vne choosse; tuere wss
so1ne uk IN .e i Iou Hss tne nvuse DC.
Neen snnons EXPERIMENTATION WI az. - cant ~ DOW many csme
VIZ ps y,sons, s oa coy see Dlm 9, ouu .sW n,m
snssps ssnus ~, asV w - - p,aans MN
eooo nkna - susy s. ~. "a nc. posuyey sec t,sn
ny - s,sSs,na ~h ~. sy.., f1, s 49, s,
a.sor.sss .s,cr ,hs, son,, r@,oi,sct a., ~. ,hosa M
go ,hcs. nsmed Nv M, por,,. ,snS ,ho,o go ,.s
sos there Old pei Know besdes bs prisoner AMI b's
s go s'e'e VIZ wv ANU" Oe"e' WIG p'"e' a"a "s
C.oss e,.nlnesvo s,ro s,s ps,v,,, -.ro ., An. ,,r
,hen siiv esre In so,, yaco,,ec a. go Al a. ~,
ha,o. us,,,,on as ner, n, ,h.r, a., .n ~ .nS ,h.