The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-13
ANOTHER MURDER TRIAL.

ANVx066 MUAO1h A1AA0.
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Verdict MansIaughter In the First Degree
COURT or OYER AND rERMISER
Before Hon. Judge Davies
ApRiLl2.-7xe People u.s. Michael Fynn.-The prisoner
in this case about twenty years of age ard
of middle stature charged with the murder of Freeman
Cutting Roosevelt street, the 10th Of December last
From the opening Of the by Mr. Doyle one OF the
District Attorneys assstants appears that the prisoner
lived with a named Mary Noonan, and that the
deceased their premises and desired her leave
Flynn and return TO himself
Mary Noonan, young woman, not possessing any dis
tinctive marks OF attraction first called TO the wit
ness stand and deposedhat she lived with the prisoner
l25 Roosevelt street. and the morning Of the Goth
OF December she in the room with the prisoner and
some other persons when Cutting entered and witness
signed to him go down again. Flynn was very drunk at
the time Cutting in caught hold Of prisoner and
called him son OF -; said, "He had II in for him and
would pay him." Flynn went into the bedroom followed
by Cutting who hit him three four times in the face
and mouth cut his mouth; Cutting then came out Of
the bedroom and told witness 10 got her trunk and leave
Flynn 20 away her sister and stay with her. she
told Thomas Byrnes IA boy) TO fetch her trunk she
crying the boy fetched the trunk and she wa. putting
some things IL when Flynn came out and said a. she
was going away she should take nothing that did
long TO herr he kne over tho trunk to see what was In
t. and Freeman Cutting threatened to hut him With club
and went back the bedroom and remained there few
minutes while he putting on his cap and coat he then
out and told Cutting that he wanted him to leave
his place; Cutting said he would not until he was
ready co. Flynn told him 10 open the door, that he
wanted to 60 out himself Cutting put his back up aganst
to be kept prisoner in his own place; seeing that
Flynn in passion, witness desired Cutting to let him
out whereupon he took bold Of the knob Of the door with
his left hand having the club In his right he opened the
door and Flynn went out backwards with his hands in
his pockets the other man folio wing him with the club in
roh hand md he knO In
who retiring NJ the sill OF the door they had some
words and witness saw Flynn draw the knife as though
&c was going deceased in the the latter lodged
his head back the knife stuck right in his neck Flynn
ran down stairs followed by Cutting with the club in his
stairs and found Cutting lying bleeding from the
his neck at the foot OF the second flight Of stairs he
taken and lived about half an hour afterwards
witness had intention of going away before Cutting
came In she got excited when the latter hit Flynn and
crying part Of the time; Flynn hired the room for
Witness who kept boarders she paid the rent prisoner
giving her tho money do 3d. had boarder at this
time who sometimes paid Flynn and sometimes paid wit
ness.
Cross examined by Mr. Acknowledging known
by the name of Charles Brown; he lived in New York
about six weeks previous TO his DEATH no having come
out of the State prison. where he had been two years.
witness him there before she became acquainted with
Flynn. IThe District Attorney admitted that the 18th
Of Charles Brcwn was sentenced for two years
the State prison. for stealing boat, value $780, In compa
ny with another person he came out On the 18th OF No
vember 1881 The witness further deposed that on the
previous night deceased told her that she wanted 70 get
rid of Flynn he (deceased could get away with him. she
asked .'howY and he said he would mark bill, and
when Flynn was drunk she could slip it into his pocket
when he Cutting would have him arrested and swear ne
stole from him; witness replied that she couldn't 90
such thing that to the biggest enemy she ever had
| he went away after that.
Thos Byrnes, examined by Mr. Doyle for the prosecu-
ton deposed that he in the room when Freeman Cut
ting came in the prisoner was drunk; Cutting shut the
again. the prisoner went to the door but he could
get II open; he was pulling on the door two or three
three or four blows on the mouth and called him
son Of -; Cutting again o hit him him
from under his coat Cutting then told Mary Noonan TO get
her trunk and away from the prisoner Mary Noonan
sent me into the bedroom for her trunk; asked the
prisoner where the trunk was and he sad "There 1t is
and take and give to her, he was sitting on the bed
the time brought the trunk out, and Mary Noonan
told her not take anything belonging to him. Cutting
and stood at side Of the trunk With club in bis
out Of bis pocket opened IT. the prisoner thought he
saw something in the trunk belonging to him; Cutting
said he would split him with the club If he laid hand on
trunk Flynn told Cutting To put down the club, that
1t didn't belong to him. Cutting then laid down the club,
and Flynn shut the knife and put into bis pocket he
then said he would go for policeman to come and gee
that Mary Noonan was not taking any Of his things Gut
ting stood at the door and would not lot him out he then
he came out with the knife in bis hand, open and down
| by his side; he came TO the door again
and Cutting would not let him OUT Mary Noonan told
Cutting to let him out and he opened the door; the pr
soper went out backwards Cutting held the door in his
left hand and held the CLUB in the other the prisoner and
deceased had talk at the door for three or four minutes
but don't know what they said; the prisoner made
swinging stab at Cuttings face; Cutting drew back hil
head and the blow fell on bis neck the prisoner staggered
the bannsers and staggered down two three steps
and then down as quick as he could Cutting followed
him. but fell he lying his side; Maria Manly held
| the cut until Dr. johnson came.
Cross exomined-Fynn got three four blows in the
room; saw Cutting throw him on the bod saw blood all
over Fynns face Cutting could have used the club in the
Maria Manly corroborated the other testimony.
DR.. John a. Johnston testified that the carotid artery
fha