The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-21
THE CASE OF wuLIAx MULLIaAI.
Trial ~ Wiliisn MuiiiSan ser Assault
and Battery with latent % XIII.
Before Hon Judge Gould.

the examining and challenging was very long In almost
every case. At length the following gentlemen were
sworn In ana the case progressed
Sd Miller, Danle Coaovsr,
John Tsrhuns Edgar Hyatt
G. W. Able. J. B Peek,
James Linsky. G. Banks,
A. A. CrAisie. L. Buerci,
A. Cheesebrough. r. D. Cook.
Mr. Anthem, tho Assistant Dbtrc, Attorney then roso
and explained the to tho Jury alter which ne pro-
oeeded to call his Witnesses The nrst was
Ambrose Oliver, w who, being duly :worn s.idxI
prisoner the evening OF the Goth No oTo Broadway
went there TO eject Mr.. MulgAn, II the complaint OF
into the house and M Morrissey saio pointing to Null
ligan There 10 The mani want him put out Of the
herss exp sspa,ned to Mnis.n Why ", there and
house ana TIA, he right 70 be there he va: very
pistol out OF MS pan,aloons pocket and put into his
coat pocket; he then took out the pistol pointing at
me, saying that DC would deena himself attic upted 10
sT-esi him Hawes The other officer went the station
horse and returned With ioms officers, when Michigan
c,uded he would do not recoect the OF the
other officers Kent one but he dead the pistol
was revolver on the way 10 the station house friend
wss O Neal took Il from him, and gave II 70 Cap,su
DcAs Of the station house the pistol Wac loaded when
huiigan len scrrisseys he wanted TO go away, but
told him he must 20 10 the station house. he opposed IT,
but officer Kent ana tcok him there waen was called
upon to 20 and aires, AullsaniI up stairs In the
station house did moi know MugAn particularly had
sene words With him While duty; when went into
The house Mugan sitting In the back parlcr there
was no trouble at the lime, Hessrs 0Nea aad Dancy
were IL the room others there but do not
their they doing nothing particularly
gulgan WAS about thirty feet from tho others sitting
By himself he did not rise until spoke to him, Rad told
him thai Mr.. Aorrissey wanted hin out OF the
house, aud ! wanted him to 60; officer Ha~es
the room al the time; advanced towards him, when he
took the pistol from his pocket and pointed me,
saying that touched him should do 90 AZ my peril
could not him. fer be KEEP, hay oncer ia wes
bad not come back from the station house the time this
table asked b. m for pistol do not recoiect ever
stating before Justice Kelly that Aorissey armed
q Mur.n be poi a rect
after the sair examined the pistol, and found that
as boase ~. ne "a.
my house. the Isuso Was three story brick one,
fitted up In the usual style; on the eide wall were
dscanters and glasses; think there Was faro bank
in the house; know faro bank ] had no writ.
ten authority with me; ! only kno~ that .
complain. ~as made; dMt recolect MulgAn saying
that Norrsssy Vas no, he owner Of the house; don't
reooect mis- yins that he had lost money there he sail
riss, there, bot ,ha. had none; rscoec. him saying
that Il was gambling house And that ought 10 ,ori
Instead Of srresi,ng him had not been drinking TO
the beat Of my recollection am not the police
declie answering the question a. 10 why LETT tae force.
Mr. Marshal desrod that these Questions be answered,
Ard TIA; Be was / ], the habit OF being drunk.
hs Court held that he questions irrelevant ADD
did LOT Aeci the interests Of the long aa wit
ness wr sober on the night OF the arrest
Y Did Mr. MugAn act towards you IN an aggressive
manner, did he do 80 defensive A. As
went towards him he held the pistol At and iened
don't know that he old so 70 any o0e else.
John Morrsey, the next witness called, being duly
sworn, sail know tho defendant saw hi N On the
night Of Goth Of January my house. 6Is Broadway
think that Dsncy and Mullgan taking together
when came back the station house; told the OIL
GERS lhcre vas ,he man Masan asked The Qua ers VIA,
authority they had Oliver showed him his shield but he
sae that lie did not ,gnse a. authority he then
backed away and changed pistol from his psniilocns
POCKET and put II into his Coat packet Nulisan was
abrsng me all the time; told Oliver that he armed
nd ha Nutla mis-
Oliver approached him, and pointing y Al him, told him
70 touch him a. MS peril think that Oliver oli HAYES
10 and bring officers; tod him so too;
officers came, and then hugan lei the house think
remained IN u Q house.
had the house at the time Of the din salty
ard had ronirol; snce that own IL ALI Messrs Dancy
paid ms share OF the sxpenses Eugan had becn Il Ii
house before he had played there two three times he
might have been n the house siihout my knowledge
frequently e. Troy the that went for officer
~ss ihst u san was In the house he had his hand
bis ph,oli sawii cav the handI.; think that he
that he should ctssc bis partnership with me, or else d.
business In New York the two sitting cose q
NE ,ome name. dom recoIlec, what, then went 70 he
staten bousc and told Captain Diks tina, Mclgan had
possession OF m house. ard the captain sent the tso
Ulcers t. put him cit; he did ~, say mad r.
authority, but minated that | was . PAID bully
Tor he houxe; be did not menace mo. when
! came back from the station house they were in
the position az when len the policeman AGED him
10 60 with him. don't NOV whether Mui!gaa asked for
warrant be the entrance OF the olcer. don't
rscoect sayng that would be responsible for ns being
put out; MuliGan retrescd m the officers approached
him, with his han on his pistol don't reco,ci hand
Ing my pistol; 1 advanced towards Nuisan with the
officer saw him oeli ,eraiey draw the pistol and point
the pslol NJ the officer Am under the impression that
the vesp1n was self cocker; don't think II WAS
Colts revolver ne stood about nve minutes abusing my
sef and oliver before he the pistol the officers al
the room, and Mulligsn had leave,
though very much syerse 10 ~ oliver not armed At
the time; did not tell Oliver TO mike this complaint
paid him money for the purpose.
Tie prosecution btre Closed and eS Judge Phillips
and expa ihe jnry their defence vir that pistol
perfect risss IN The houss ALEC Tia, the oiser bad no
authority 10 arrest kugan, he being quiet and peace
able when the ofncer entered the house.
The examination OF the wisncsses for the defence here
commenced, and the nrst witness called was
vas nh Oliver on The night IN QUESTION ala 90 see
the pftoi posr ted At Oliver Magan In the
Oliver vas d, drunk nor under the influence o. liquor
the time fss xus.u most Q, the tno bul par, Of The
time my beat was turned; sav pistol 10 kulissn's
hands when ! went into the house No hssn asked
mo, "Are you after me AGAIN. arrested him
ior sTr,Ii / showed him ~ shisld he
him 10 arroet him whom he changed the pistol
from pocket 70 anoihe, sAw him bare the pis,o ~
fs his psto beiorcI e halis vas swearing Of those
about him
rnen locked round; when Oliver tod Nulirsn 70 put
down pistol he had The pistol at bis side Aorrisscy
said that no, enough :, arcs, , mso, raIsinsa
pistol Il cheer told Mulligsn tia, was then
duty and thst be bad better 90 with me.
David Hovg being drly sworn, deposcd tina. he was
Yer. woYkirr ~ the Navy Yard was 10 the house
No. sIs BFcsawsy 90 that sight; vent IN with Morris
.0y Morrsey ied Nuligan " leave but he would not,
saying mat he hal come there 10 see Dansy, gentle
ran, and had busioes. vith hin Tne witless
merely ccrrnboratei the preceding witness 70 reA
TOO 10 the trouble between the officer and Michigan
the qutstcu of authority hullgsn told Aorrisscy
that be bad pothng 10 DO win The house. and that was
. pubic gambling hose, aud he had right there. Toe
vncts sgan testified 10 the facts the other
-aesses with the except that be stated that he tod
the thc.rs VI they would let him talk tc Mulzan
THAT be would set MIN ont 81 The house soon ~ the
reinforcement Of officers hulgan e the house I'D
any pstol pointed ., the officer While WAS pre-
seat vn within twtAty lee, o. him when wens 10.
hullesD be told 20 away, that they aaf 90
rsht 10 him present the vsole time u Inc
disturbance
Frsncis SeG being called, testided that he va pre-.
scat on the nzht 70 question The balance oil the testi
mony merely corroboratory, NJ TO The time tse
actual srresl The pisto not so-f cooking one do
abe msker =
Capt Geo Dlks being called. tcstaed thai he seat
the ofcers the house 40 the Nor