The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-27

during escn Gays proceedings the court mas peen
The defendao was in court yesterday afternoon aud
attempted to interrupt the plaintiffs counsel while he was
summing up.
The Five Points Murder-The Jury I'm
Deliberations.
COURT OF OYER AND TERMfNER.
Before Hon. Judge Ingraham.
JAN 25.-The People Us. William Jones-counsel
having summed up for the prisoner the District At
iorney having the testimony in able and eIo
quent address,
Judge Ingrabam in charging tho jury said that in
hitting this their hands he felt relieved from the
necessity of entering inutey into the details, ia
quence of the very thorough examination which bad been
given by the counsel for the prosecution and the prso
II always matter Of regret that jury should
be called upon decide, either in civil criminal cases.
testimony such as has been produced in this case is
| still more In T. matter Of life or DEATH and it
| will be necessary for the jury to examine the
| testimony more thoroughly than under other cir.
] cumstances. In cases Of this kind other testi.
| mony can rarely be produced, and when parties
place themselves in position be brought to trial the
evidence OF such associates they must take the conse
quences. In examining this testimony, the jury must
the witnesses for the prosecution corroborae each other
whether there circumstances which would autho
rize them in disregarding 1t altogether. The charge
1
the occasion have been examined except the
two prisoners who under Indictment and the law does
not permit them TO give their version OF the transaction
The jury called upon examine two questions-frst
whether there was murder committed, and 30, Be-
condy whether the prisoner committed that murder The
question whether murder was committed depends upon
the degree OF credit 70 be given to the witnesses for the
the jury believed them there would be no
The testimony for the defence that the fell down
stairs and was killed 50, there e nothing to CON.
here recapitulaed the substance OF the testimony.
He did not intend TO anything TO the jury TO the
degree OF credit they were TO give 70 the Witnesses for the
prosecution Defence they had their demeanor
and noticed the manner in which thoy had testified II
the jury believe testified tho witnesses for the
Defence that this fell down stairs then the prisoner
entitled 10 acquitta r. the other hand they
eye the testimony for the prosecution there was undoabt
edly murder committed. Another question is whether
Gf murder) the prisoner the person who committed
it The evidence Of all the witnesses shows that Jones
they were oognizant that two dollar bill, about the
| genuineness OF which some doubt expressed, had
been given by the deceased Jane get changed that
Farrell disposed OF Jane Bradford keeping her in one
bed while deceased was sitting the other and Jones
what took place. owing to her n,oxicaton and the Ill
usage she had received, until Benjamin returned. The
Judge again referred TO the evidence and continued to
say that the matter which the jury 10 decide
whether there murder, and was Jones the person
who committed III It is not enough for the jury to say
that from the evidence Jones might have been tho per-
son, and that no other person could have committed
because then the Jury were not free from the
able doubt to which the prisoner is entitled Then there
the finding Of the door fastened inside, the
alleged attempt Of Jones escape from the window and
circumstances. and weigh we'll ali the evidence. TIE
Court then defined the aw Of murder II the jury had
any doubt as TO whether there intent to kbut
In an attempt to rob the man he struck blow which
suited IN death-hey might find verdict OF mansaugh.er
in the first degrees or they thought that angry words
have arisen between the prisoner and the deceased
and that the blow given in the hea. OF raysion-ard
testimony Jane bradford went 70 show tina. such
words had passed-then their verdict might be
slaughter in the third degree. But they find that
prisoner was intending to rob the and that he took
any fact attempted TO proved against the prisoner
was not proven to their satisfaction the jury are bound to
! give him the benefit Of IT,
The jury retired At Eve minutes after two O'Clock P NJ
and there probability OF their agreeing the Court
took a recess until ten O'Clock Thursday morning
! ALLEGED TICKET swISDL1yG rRErEScEs
During the absence Of the jury In the OF jones' the
trial of Frank Fowler and john Gilbert. charged on the
complaint OF Christian Hene with selling him bogus
ticket for passage to Liverpool by the steamship Ham
mona, called up, but at the request Of prisoners
| counsel was postponed until Friday.
JONES CONVICTED OF MANsLAUGHrER IN THE THIRD
| DEGREE.
JAM 26.-The jury into court this morning aud
rendered verdict Of not guilty of murder, but guilty Of
mansaughtcr the third degree We learn that jury
had agreed nine O'Clock the previous night they
had told the Judge that there probability OF their
agreeing and that he could home they did not let the
officers know OF their agreement for fear they would send
] for him.
The prisoner was remanded for sentence. The penalty
not less than four years and not than
! CHARGE OF ASSAULT AND BATTERY WITH FIRE
ARMS.
John Crowley, indicted for assault and battery with
firearms and intent 70 kill Patrick Loveioy, withdrew his
plea of not guilty pleaded guilty. appears that the
prisoner struck lsome time ago, and when he n
duged In liquor he became unconscious Loyeoy and the
prisoner were intimate fende and the former
Mr. Tamadge beg the Court discharge Crowley.
The Court directed that these statements must be pro
| scented in writing.
ANOTHER CHARGE OF MURDER
John Donnelly was indicted for the murder Of Charles
In yfpoY a-fu IF
] OF October last.
The following jurors were sworn
2 Christian Z Pfeiner. s. Jas r bartholomew.
g. Henry Romane. o Edw. G. Bradbury
| s. John Drnker IL. Edward Stone.
O. John Love, II Morgnis Wise.
Mr. John H Author opened the case for the prosecu-
the prisoner, deceased and others Maeus grocery
| store, go West Sixteenth street
Patrick Monaghan deposed TINT there TO be q ra1e
at AAins the night Of the 2h October 1852 the pr
soner came into the store and into the back where
sitting; he asked If the rattle going on the
night as there were not hands enough Douney said ne
would give IS to any one who would win the pistol; VIZ
would win IT, the prisoner offered to my brother 70 throw
for the pistol between them said that would not be fair
the prisoner told me 20 shut my mouth, as was only
| hog; / said, Perhaps was, but was
NOT fat one;o my brother, John Monaghan,
| asked him if he knew who he speaking to, aud
that be should not call me hog the prisoner said he my
brother) couldn't prevent him; they msnced quarrel
Ing ana a&reeu W uSnt OAAicu6cu
and they vent out the sidewalk; went after them
| and saw them clenched; several others came out;
pulled my brother TO sepa them; the prisoner struck
me and struck bim; We at him as hard as was
able; some persons got hold OF me and pulled me away;
gether, and others endeavorng TO separate them;
crossing the sidewalk . few minutes after, aud saw
Charles Cobane (he deceasedl sitting the rail- with
hk crossed under his belly; went him and
that he had been stabbed in the breast brother, my
self and another man carried him into the house. and
for DR.. Webb did not notice the wound in the
belly until the Doctor came; the "puddins" (bowsis)
| were out, and the doctor put them In again.
Crossexamned by ex. Recorder Smith associated with
ex Recorder Tanadge for the prisoner:rhe prisoncr
| Donnely was pushed down the curb stone; two or
three were about and him; they had regular
rough and tube Donnely appeared 10 have blood upon
him when ! saw him ut the station house next
morning. his face appeared TO be cut; when fought with
him gave him all could and my brother gave him