The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-24
Life 1t the Five POints-Gin-In,lnor q H.
ty and MurdeT-An0thcr Batch Of Al.
legged Murderers.
COURT OF OYER AND TERMNER.

The Court inquired of the District Attorney wha, case
he proposed TO call on first
The District Attorney replied the trial of Mortimer
Shay, indicted for the murder OF John Ieary by stab
bipg him in the forehead with knife.
Mr. Clinton moved postpone the trial until the end OF
February in consequence of the absence of material
Witnesses named Smith and Gormsn who were present
the transaction in which the deceased killed. He
moved adavts which stated that repeated inquiries
and search had been made for them without effect,
The Court said if the witnesses were the city there
would be no necessity for 30 long delay.
The District Attorney said that from the evidence ad-
duced at the inquest il not likely Smith could easily
be found.
The case was ultimately postponed for one week.
THE MURDER ON THE FIVE POINTS.
The Pecplers. William Jones and Pctrt Farrelt-The
District Attorney called this next. Mr.. John d.
Townsend demanded separate trial. and the District At
torney said he would try Jones first.
The prisoner is thick set looking fellow about thirty
years of age He is charged with the murder an I'M
known mar at the Five Points on the 2; Of September
laet
Alter the exercise of many challenges on the part of the
deieDce three peremp'oy challenges by the people and
several excuses the ground OF conscientious scrupcs
against capital punishment, the following jurors were
sworn
1-psyid GTiaiths. John sandivcr.
2-Chas. ". Jones. S-Thos. McGruryE
3-wm. H. Jackson. Geo. NnkenauE
4-Wm F. Whiting 10-Thos Rutherford.
6-wm. H. Baxter. 1l--John J. Ennis.
6-Bepjamin Walker. I2-John H. Dayton
The prosecution was conducted by MI J. a. AIthon,
jury wha. degree Of homicide amounts 70 the crime OF
murder and then proceeded 70 state that on the 2th OF
September last the police Of the Sixth ward called
into house known Crowns store on the Five points,
where lying dead bed in little on
the second story The prosecution expected TO show that
the room in which the found dead was occupied
by person named Benjamin and a woman named Jane
Bradford, lived with him. that Farrell in and Out
Of that room all day that the deceased whose name they
had been unable to ascertain was there that he exhibited
large sum Of money thai he had given the money to
and that she brought portion Of the money back Jane
Bradford was subsequently, sitting on one Of the beds
toxcaed Jones sat opposite the deceased aud plying
him with liquor. So far the direct evidence is
cerned the prosecution thrown entirely the esti-
mopy Jane Bradford. The door of the closed
and Farrell threw Jane Bradford the bed and brutay
assaulted her; the was killed In tina, ROOM else
being present at the time but those prisoners and Jane
Bradford. The Of the returns and finds the
door fastened the inside and going down stairs for
assistance, he saw Jones at the window Of the room.
Philadelphia. Farrell gave himself up.
John Henry Benjamin sworn-Lived in a room in Crowns
store OF Worth street; then engaged selling
cakes by the Park railing opposite Tanmany Hall the
morning OF 9Th September left my room about seven
NAMED little while before went back Farrell took
breakfast with me- when returned Jane Bradford and
Lucy Wilson in my left Farrell my stand
while went to exchange office and bought some mum
bevs wen. home to dinner about twelve O'clock the de-
SnSer man do rot se Ut who a" the deseaed WAS
had seen him before; alter ] had bad my
dinner told Lucy wilson to get dinner for Farrell, who
mndDg my stand; sent him to dinner but he never
back; sent colored man 70 tell him - come and
mind the stand az wanted 70 go to supper he did not
return; after O'Clock went home; Lucy at the
door; she said she could not get n-that the door
locked beard Jones voice inside; had him at the
store two or three weeks before could not get in as the
door closed, as gong down the stairs saw hun
with his hand a. the window fronting Water street,
though he was going to get out aud when he saw me
he went backwards; then went into the store, and
told Mr.. Rdgway that my door locked ana could
not get in; he took light and came in with me; when
Jones at the window he had red shirt him ana
cap the lower sash Of the window Out; when
came up stairs little Italian boy told Us that man with
partly open Lucy was sitting at the window when
went up, but when came up with Ridgway saw Jane
in the room; she was standing by the bed and coming
from it at the time noticed that she was intoxicated as
] thought, very much; her dress was open in 'front.'
and her hair was tossed started then, and
went up TO the Park and fetched my stand back that
close TO eight O'Clock, and think they had light
when came back think they were standing near the
cleaning up the place, when man named Edward came
in and told not to say anything 70 her but come over
and take drink then went out with him and returned
lying engthways the bed with bis head towards the
wall; asked Jane who be and che said II was the
nut nv hand on him, and saw that he did not STIR did
not him over, q saw the blood on his face then
went down for Mr. Crown and Mr.. Ridgeway; Jane and
lucy In the when found the man; this young
man Edward used to attend in Crowns store; when
passed through the store after seeing the stairs,
saw Farrell and Jones the store Mr.. Crown aud Mr..
Rdgway came up and pronounced the man dead they
@ me " g. Os an s Ssr Seor oar ak dGI
bar Of the front room opposite mine, occupied by
common woman who lives around town; think Lucy
was sober; saw no sign Of liquor on her.
The witness cross-exaniined TO the position Of
the different parties the ROOM pointed out tie To-
vent up but there was little hight through window,
from the liquor store testified at the Coroners inquest
that when Jones 10 the window and laid his hand
on tbe window sill and was going 10 jump OUT be could
not jump out unless he stopped under the SASH od not
see BIN stoop dont think testified before TIE Coroner
AZ. et In had
blood upon him went down for Mr.. Crown and me-
Ridgway and when they came up they turned bin over
IL was the third time that went to the room that
evening that discovered the man ing on the bed;
there candle lighted the second time went into the
room, when Edward walked In and asked me 70 20 lake
drink raw no perron on the bed to attract attention
ut thar time speaking Jane 70. not having the
scs on % New YORK % ~o1k my WHO living Jane
Bradford Is not my wife. o-HAye you Kept house Of
lodging house. and would let beds TO men and women or
Jane BTadford . woman about twenty seven years Of
nance being examined dcpoeedon The 9Th September
last lived with Benjamin in the Five Points; was there
Ss week h G sad
their breakfast and went out; Farrell back at IL
and gave me six cents which wanted for the house; be
told me 10 have the dinner ready for Benjamin At IL
O'Clock; think the deceased In about II O'clock
Josephine Smith and deceased had talk about liquors
some liquor, which the deceased and Josephine and
drank had the deceased the Saturday night be-
fore Benjamin came In about IL o'clock ana hau nis u
per after he went out Pat Farrell in and had his
dinner; Lucy there lying the bed Farre'i tne
deceased, Josephine Smith, Lucy and mys III were
Of bread drank the gin; In abou; sf an hour ates
that wen: down and got another hall pint OF gn'
which drank after that Pat Farrell went o,i Jose.
phiue Smith aud the were taking the aeccaseo
pulled out 81 bi Josephine sail she shoceht y vas
counterfeit and he then asked me 70 go DOWN 70 the
store and II wac good he sai DO would treat, inc ccrS
IN ibe store said was good gold; while was there
taking 20 youpg man, flay cane doNa With pitcher,
ana ssd thai oo ro-p tod hor get quarter Or
liquor changed ha aA gave bor aqesrser and brought
~ he change, dollar b a1d sX sh.n6si he vas ST.