, 1859-01-14
TRIAL OF MICHAEL NC hAMEE
ron Tu1
MURDER OF HIS WIFE.
AZ chicago, July End, 1864
Cook County C1ncuzr CcrEr, How. GEosGE
MASKaRE PgKs1pIxG.
rHTRn nAv-M0Ry1E3 EESQrny

Cook Couxrr C1ncu1r CcrEr, Hos. G1oscE
AAs1EaR1 Presiding.
THIRD DAY-MORNlSG SESSION.
Andreto }. lVright s,oo.n-Am Of the firm of
Wright d Currier; keep livery stable on Mchi.
gan street; knew defendant ]; he WIS in my eu1-
ploy; he occ1pied the east tenement in my buil-
ing, dye rooms from May previous; recollect when
his wife was found dead II her room, On r. II Of
July; saw him the DAY presious, at hts work; saw
7 and in the evening; the lust time, he ,fas 80.
ing up to bis room; alw him about o'clock the
next morning, ~ the rooms; the Iooms we're Ia
confusion, noticed the f3or, hit not very particu-
larly; in the kitchen and dinlngroom were traces
Of blood, apparently wiped up; he MAS sitting
With one Of Ills chiIreu IN his lip, dressing it, I
thiuk; in the front room sl~ tue wife dead III the
he'd ; n3ticed blood &C the bed; saw none on tue
floor in this room; recol1ect n3 conversation with
prisoner; saw blood lu the da1i closet; did not see
the bvdy Mt the post szo1tkus examination p; tie
west tenement iu the s4.udiag has ire rooms
thrse Immediately e:Iolaiag those ot tue east;
-&:src was door betn ZEN The 1oom:, but nailed
1p: access betEccn the r0umg was around on the
roof; in tue vast rooI1a Patn,r, tue night watch
nan, lodged; our foreman had room there, but
he nas thea not in tosn; the little front room of
tue McNAmees was occupied hy lodgers-FArley
and another; they were d1ivels; Of my OVID knowl-
edge dun't know If tic room Vas occupied that
night; billiard room be!ow doors l.aling into
the stai1Tays-
Cross rrauincd-first knew McSamee in Sep
tcmber, 1857 he worked for Us at intervals
nere. saw anything sbout him hut what WAS
orderly; think he MA not Of quafrelsome dis
position saw him on the day previous, early in
the morning; saw hin, late in the forenoon; did
not notice him particularly until after dinner
time then saw that he mas tue worse ior. liquor;
some one Of Us, cant say who. told him, about
2 o'clock, be had better go to bed; he Was too,
drunk to nttepd ts his business; he went
to bed, OF st least left the stsble 10 do 40;
SAN him about in the evening; WIS in the bill
lard room, near tha west door; he vas going
up stairs; IS be looked into the room his eyes
looked like those Of . drunken mn; did not Bee
him after that, nor until tho morning; never
saw him 70 drunk. or 70 that he could not attend
to his business before shat dsy on the afternoon
Of July lst: 1eeo}lect that / ssw him through
] the door Of the billiard room, On the second floor,
looking out on the passage way could not say
how long remained at the ssable 10 the ere.
Ming; at nine O'Clock saw Aac pass by; could
not say how long was in the billiard room
ia the afternoon; several persous we're there;
Mr. Currier. Mr. George; cannot say ~ho else;
the partitions between the teDements are lash
and plaster of COMMON thickness doors Of
the usual thicknesss; should think ordinary
conversation could he heard in the ordinary
tone Of voco between the east and the west
rooms; hare tested it and hndlt SO; there we're
two doors connecting the front and the rear
rooms; witness described the location of the
two sul:es Of rooma the east stairway leads to
Macs room; ut the zine I was there in the
morning saw jug Of whisky, think q two
quart jug; saw no little ask; the jug was eth.
er in tbs ki1cas L or middle room /; didn't take
up the Jug; there WAS soma whiskY in it hare
neEer spoken to Mrs. AcSamee; doa't know
where he got bis liquor that day the bed in the
drivers room was tumb!ea: they had no TeGu-
lar time for going up; went up at oil hours; one
| of these men is still il ny employ; the other
| hps gone; can't say where he is; II ia rumored
September; know nc.a:ng Of the relations ex.
isting between McSamee and his wife.
| join lttnan, snorn.--Work for Wright l.
Currjer; know McNamee: RaH him on the LIST
| OF Ju!r; saw him at ire O'Clock when Ar. Sal
ter called him; testified before the Coroner's
Jury; be asked mef had my horses bedded
down; said had; weo. into his oWn stabls
/ did not see him again Until next day.
Cr0ss- Examined Have known defendant be-
| tween three and tour years; koeW his wife; We
| used to zee them; we visited than together twice
and they came to my hsuse visiting perhaps tour
| or i've times; We lived in an ally oil Lasal!e
street; helped Mac to move; thev lived peacsao'e
| Qaiet and peaceable wbs1 sober; don't koow il
| Mrs, MecSanee was in tue habit Of drinking;
never saw her in liquor; saw Mac tirst Oh the
day before about . i. NJ; We had not dranf
together that morning. don't know that he va.
| jzunk; uad no t1oubie .nth him tneu, Eur evei
| before; saw him again st ) O'CLOCK; don't recoi
| il saw him after.
To ajuror-Neycr saw McNamee intoxicated
The District Attorney here stated that shs
only remaining witness ior the prosecution Ha
the little son Of McSamee now in Court, whon
be would like to put upon the stand, it, on e1
animation by the Court, the child should rroyt
competent wituesa.
Nj. Aver, OF the defence. objected that tn
child, boy between four and dra Tears Of age
was not 8 competent witness.
| Ey the Court The law regards every child 3
an incompetent witness WHO ID Of 60 tender al
age, and Of such mma:urity of understanding
as to be incapable OF oon7 pretending the ratur
aud obligation Of an oath. Aud tho Court vii
take notice. tba. child Of the age Of four, as i
this instance, is incapable Of understanding th
nnture and force Of an oath. The repetition {
the words OF an oath ta euch child would b
an unmeaning formality. 9r<eni<af En-. SCI
s65, 367.
The prosecution here rested tbs case.
/ TIE DEFENCE.
| 1Hos .Mu:tin, st1orn.-Rsiide 155 Michiga
street; keep boarding house and saloon IN th
next building westto Wright i Curriers' stt
BILE; knew prisoner; have known airca be can
to work there; He used to get liquor Of NE
SAN McNamee on the day before bis wife
death, in my own house; could not SAY ho
many times; be Waa iu six Or seTen times th'
day first saw him in the forenoon could D,
aay Whist hour; think it wsa between nine ar
tea his general erraal was to get someshiu
to drink; be was not sober in the morniDt
should SAP when be test came in ho WAS not i
| ber; saw him in the afternoon pretty far 4
Tanced; in the evening. think it was about
O'Clock, he WAS under the ihhuence Of l!quo'
hsd bar tender; was not in the. saloon all day
: of my knowledge saw him drink three tim
that day, ouce in the morning mud twice in Il
afternoon; thought he looked unusually straut
. sll through that day thought there WAS son,
, thing peculiar about The man that day; he b
3 | roissd look; have eeen him In liquor befo
. but he did not look quits 30 xrathy; know b
: general reputation for quietuess and peaceabl
uess; +; it was good.
r C+oss tx4maatd Witness repeated his faci
/ ties for obtaining q knowledge Of tho dMpo
= tion, bibasory, aud otherwise Of the p1isoae
i which in some respects were certainly full a
superior; IT, A., ~. ., ..., =, w. !
previous, but there Was something strange
his expression.
9 John Sullisaa-Testided a. to his acquail
= ance and intimacy With prisoner during peri
Of two years, and to tbs relations Of the prison
: and deceased- She would get drunk, and 4
e hare his meals ready when he came home.
8 such occlsious she would ag9rAvate him. s
:. would get drunk and neglect the house and ch
dren; never SAW them quazsel except wh
they had been drinking; the source Of d!ffcu
J, between them Was her gettin.& drunk and r
/. having the meals ready.
Croxs E1dH5Adt*oss Boarded With the part
for soma time, becauae hc owed ne money, =
q l stayed there awhile 70 board it out; she nj
IS 1ected things; O'Brian aud xere there; st
: him tho money for his fam1iy-Sl5 or $40; y
> cut Of huainess myself aud stayed thezo IN
d the latter end Of april
r To Hr AdttocIs-Found little assk OF liqs
r. | in the dinner pail it WAS hefors they move
;, asked for the psil aud found thu whisky in
70 she said "0d AnusJ"-ao old woman neAE
20 -hAd drank some Of it.
Simon c. Geuge ssrorn-1u July, 1858, lived
Illinois street; Kept billiard roofa over Wris
!. i Curriers' stable; the rooms Of McNauee u
over the east end Of the billiard soo; there y,
70 two entrances to his looms; be Used the east
n used the west to my room; there VAS door
Of my room at the east end; was not in the ha
.. Of Using this door; 1t vas open On the day befl
II The death because it VAS rery hot Gay. (W
ness described in detail the position Of lhe pre-
ises.] Mr. Wright and myself used the table nj
the east door on the afternoon Of the lst; went
. tea about 6 O'Clock; WAS gone that night abb
q half an hour; was in during the evening; the Ct
!. dren we're playing about the passage way in |
70 afternoon; NJ nearsr communication with tn
II room than By that p2ssageway; heard no noise
tue room that day; saw prisoner going into I
stable about dye O'Clock; never saw him in !