New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-13

boarding With ne be paid his Hoard mssss.. :, ~,
Cio,.ex,nip.d-l h..d 20 Ro-,.v., street frc,, 49, .,
Nay prsvloa'i Fynn bad hysd -th ne two yeUs =.
FIes~An Cutting h,d ss-n IN NO state rsOn tsO ga,
The D,uic, A,,orr,y admitted ihs, at.irs h,A 49,
H. STATE Prison in 1855 psGsr TIE Of ..-s R,n
sssh boat ara TIA, be ous 10 yemb~r lsss
Witness ssnuSnes-Custss s~ N The houss asa.t Il :.
tes be bal been N thrT- The ever ing prsyous \.
ihsD Ms, 4 yAt'.t % g, away -n yer he eo ct -
h.d se1irst him De ,sid thai be woald Dsrt sutS
~eud sip Il IN is pNsist be ~eud tten get oo,r MS
m Hrss-sd arc sSfai De 80 70 Ron al tois hr -
&c 10 be bissss, enenyI ever hai the farnur.
b. crgsd ~ tyrD ~as tsUciDg tie .iad. =
focr when Cuns cane 10 Be eaisS Fi,tns son ofs ~,
mi h-tuuca him al hat tine SI,h hs hand IN
FSup sra lived 'ogethsI a. man and siie Pynr. 49,
sh AIRED Cutpg sss Of TASTY ,.nr-r u y
20 be Affected With liquor a. he as cane . :
houfe.
Tbcu,. eyrps, testified ths; BE- BEARDED with Nav, y,o
Roo. welt s,rset set Chris;nss; -oTk a. ~ Ton ~
In The room when Cutting came IN elgun .n ar.
ysstberr srd be c, ud not &c, ibe ecor open b. pa
eocr three minutes, sh-a Ceti1s rusAsi N an -
hu rim three four blows II the north.
ssIia M,rly tesi6sd tina, when Fynn desired
avsy De club, the "a hung q nail In TIA 80
wsch Flynn crested Byrnes TO a., ior hiu Ryrp-, -,
being scared ard Cutting took It on "a, m az
= Ute before Fson made pass sta the knife a. C,s
the later ssked him VIA, be Vas 'oins nth the ia. d
harG; ,Ls followed both ..s Ard closed ~ -.
Of ceceAec with bsr ingers until be sniys Of M asct
AbbUs Mary bad ssEt hss sssr for a os.,
Mr. Een Archer -Ai the seHi witness but her ,ssi.,
Dr. John H Johnston was examined and cid Tia, h.
A.
fuod deceased u III s0se Of the 6 -,
stain; the carotid srts'y VAS compulsory ey,reS s1e.e =
external cost; the wound was The c,a.e Of death
Cps txauined-Th, ~oond va from i've elgh.hs :, r.
quSeis Of inca IN transverse direction, and seSs q
inches deep. the kuiie, which ofdiaary ,eIS
knife ard Believed such an instrument you'd raet -
woCud, the decreased ~u larger and stronger saa
pIsoo.r.
d., Wooster Fesch oorrobcrs.sd Or. Johos.on.
Osers Spaks ard Cob proved the srrst Of the pnes
The rum shop No 5ls Water street
The persecution rested
MI Ardeuon opened for the defence BY stating TIA, ~,
show the decessed stabbed when sbo y -
the prisoner and that be would contend taAt the klzfss
either lutthsble or excuisbe.
Agnes Gibson swo'e that she wss IN bed In flynnrns,
the ming IN question, ard bad at got up when o.,
struck the pscper FuD's mouth bed ON the bossivv
the Oedtoom when Cl,ns told Mary TO set der tual =,
ByrDss take out and sss FlynI go and ook at Il o.
ting ordered him o. saying he had nothing then- he
In lis ard The string 81 which stoaoa bis wrist: ssE,
strike Flynn with II ssvrrsi times Gu toe head OF Aes
Flynn told Cutr e. OF his and he ssd - w.
20 out he Med when Flynn q, the door, cs.ts
the club kissed IN bic hand did rot sse Cus q,
bows al all The stion icited uotnips nee
Mary NoOnAn recalled prove thai Cutting "
TO -.ve Fypn In order 10 live With hiiusef but the ~
Ia ed that .uch the case. caud have nothing
With tie prisoner taxing the We OF cscea'ed
defense dwelling upon Gu tirgs purpose enable Nary
rid Of prisoner by asDs nn vito ryoeery and vhsa *
own csste He con eneed the prisoner could ss
found iUty Of manssughter, It was only oy the aid Il
MT Norton followed with some propositions Of ~ .AAA
unlimited TO the Court and referred to several authorizes
TIE Diurictk Attorney suomed up for the prosecution n
making on the motive Of Mrs Archer going TO the aoo
Flynn which was to her sister fo the Of dss
ton ,n which she living He admitted the proyossso,
given BY dec,s,ed the prisoner bu; claimed that the
Flynn no csstIe, but Cen OF mismy and there
sht there whatever except 10 protect ais tfe tie
1nented at lenkth the Testimony CT ae mistress Of The
az unreliable also that Of Aeues Gibson concerning
club repsikDg that IN. decea,ec hsd struck prisoner
testified allied hiu. On the whole he erst
verdict the ground that the prisoner had had time
TIE Judge then charged the jdrY fairly on the az
and facts. They retired at about O'Clock.
Tha inrv came int (onrt snOrtl. after o'nloek
M, ana rendered verdict Of NASsLAUGBrER IN faI
FIRST DEGREE, and recommended the Court to miks
the prisoners punishment as ignt as its discrsSa
would permit. Tie prisoner Was remsndsd for VI
tenoe, aud the Court adjourned to next Monday.
THE Of In nmept for mansauzh in the 6 h
gree 10 from seven years e-in the discretion Of tie Coal