The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-04
jersey City Intelligence.

TRIAL OF JOHN opoNNELL FOR MANsLAuaHrER
couRr-sEcoSD
The trial OF John 0Donneii for mansiaughter In killing
James Lehert tunnel man, ARRAY At Hudson City,
on Oath Of October ast, continued yesterday In
The County Court before Judge Ogden Asso
ca.e Judge Charles. The Court House crowded Is
en- the previous day.
Patrick Monaban recalled, and on the regular ex-
animation testified that be Welsh standing doing
nothing at end Of the shAny On the examina
ton stated that he did not any tusse after
oDonnel and Leheft got outside OF the shanty door.
nciis house at the time Of the occurrence, aud was
present that afternoon; there were also present
ODoDoel aud his wife, they commenced playing cards
nearly through With two 'rubs'' when old
pns of liquor called in of which witness took
drink after dinuer; when the second rubber was
played out wness went up to shaft No s. and returned
again about quarter of hour; there three
four persons outside o. the sbaDty witness stood within
about yard of the door, when Lehert out back
wards, closely followed By ODorne, who had large
carving knife bis right hand they not clenchsd;
Ihheri might have moved five or SIX steps backwards
from the door followed by ODoDpall who made thrust
at hin With the knife; he did not know whether the knife
took eject not he next saw Lehert leaung back
wards, supported by one or two men, and two
taking tie knife out OF O'Donuelis hand
Ga the exomins,iou the testimony Of the witness
was substantially the same as on the regular examination
he did not know vhai liquor was that they drank, bat
thopstt night be run; by rum he meant s'hard,
sharp" liquor. something that be bought
I
lively how many feet 0Donnell was from Iehsrt when
he made the pass with the knife On the regular exam
nation he ice Dted the butcher knife In the
he Eaw in o 'D0rpel's hand.
econ or Cornelius Hays testified that he was border
at 0Dcnnes shan;y at the time OF the occurrence aud
one Of the party engaged in PLAYING cards for ior
O Donnell los. one game and Jim Welsh another an old
man, from Bsooky came mo the shanty and witness
weut aer ut tbs time ronbe hal occHrfej;
witness retained in about twenty minutes and on going
Into the shan,y found ouly Mr aud Mrs 0Dcnnsu there
number Of persons were outside at the time; wa,
during his absence that the ARRAY occurred going
Of the shanty he Iehert the ground; be never
knew Leher and Dnne to have any falling out before
On the examination witness stated that chen he
went into the shanty he cav blood oDonneis heal.
from soo1n as pssea as,u % ss rass
stand, but apparent that he rather oblvious
know ans thing lie id u S he was
out Of oDonnelrs bat believed he was Just gong out
Constable James ponney testified .ha, he is an osce
IN Hudson City the afternoon Of the afray he
passing along the street. when be saw persons Running
and on inquiry informed that had been killed
witness officer Foley went down and found a crowd
around the shansy Lehert tbs ground, and
men were holding hn up; he went into the shsnty and
found Ios OF men aud women there but did not see
ODonuel amongst them; subsequently, he t,und accused
s s Ssd.r hs sss moor 81 s sns' cu
prisoners head, which came from wound on the back
Dr. Hornbtower Of Hudson City testified that he maie
post examination ut the inquest assisted by bis
con and Dr. Burde there was confusion on the back
Which scsn arse ursss an inch width
ind penetrated through the sweenod bone, extend.
ING upwards and Backwards the distance Of two
inches into the brain, and the entire depth
II the wound was about three and bali inches;
the wound could NOT possibly have been made by The
carving knNe which was shown iu court; was knife
with much smaller blade like pocket knife the mark
of the knife vas very distinct In the wound which IA
pered or 10 very small point in the orain sho vel
tho shape Of the bade the quantity Of b,ooa cf
fused the brain about twelve ounces this wound
was the cause OF death.
- The cvidcnce Tor the state was here rested
One Of the counsel for the prisoner then briefly
opened the case for the defence. They proposei 10
show:-Ffrst, that John oDopneA co nmt,ed the
deed Second, that he did IT, he had right TO- aud the
Jaw aheuld commend instead OF couiemuiug him for IL
that the act IL done by him 1t ALL under more
rcumsAncesthe defence Of one AM dear 70 him,
or the defence OF his castle
l. ]. Olmstead, fornerlys contractor on the Ridge.