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

Mullins ana Samuel \ 'cCarthy corroboratod
or the first witness. ana stated that the prisoy
rushed out on the street a nd thrown down.
proved that the stab had be- N inflicted by the
Catherine Katie deposcd th.N she ga y Doon
the door OF the store when the tight was 20,
street, and said he ooula HEX any son OF -
had something In his hand which appeared d
Cross. exa mined by Mr.. Smith-weai 10 tina
John Monaghan to see the rafle; wasnt tlfvt
bermatd at a "adies' boarding house" In Eigi
was not pistol that Doaneily had in his hand
o stone; 1t looked like knife.
To Mr.. Anthon--fhe boarding house was
house; II II was not would have had nothing
officer Boyd dep0sed that be and anothe
came 70 the scene and assisted In carrying d
the house; arrested the prisoner, took him 10
house, searched him and found scabhard in
under bis handkerchief; there were some scrai
prisoners face; | did not search in Mallau
searched outside the house, but did not md an
Cross examined by Mr. Tailmadge-rhe shea
row and thin, and not large enough for the
butchers knife; It was about nine inches long
The District Attorney stated that the sheat
mislAid At the Coroner's Office. stsiRs
officer Hughes described the sheath TO be
fnchee. r -- ~
Dr. Fisher deposed that the deceased was
tne New York Hospital suffering from q stab L
NJ NJ announcer In the abdomen; he had lost
~ ow .E anu vas suffering from prostration; In
o twenty six or twenty. eight hours symphonic
malson negan v ahow themselves: he suffered
from Inflammation OF the abdomen~
caied-he sunk on and died in about three
wards; made post morteA exaninataop;
ton OF the cartilage of the nfth rib: the wour
tered between the third and fourth ribs and
cavity Of the chest; the external wound was
an inch, or three quarters long; I found N
hammasion OF the right lung, ana
some slight Inflammation Of the
found some adhesiops Of the pleura
walls OF the chest, which indicated some
disease; the wound on the abdomen was al
inches above the pubs; the wound was an incl
on the outside and extended down wards and In
wound through the internal muscles was In
direction; the intest'pes were not wounded, al,
weapon had entered into the cavity OF the %
there was considerable Inflammation OF the intes
also OF the peritonium covering the abdominal
came to his death by the Inflammation or the r
and Inflammation OF the lungs. caused by thes
the deceased made declar alton before the Col
Do you KNOW Cobane was aware Of his con
speeding life "a death at the time he made Ii.
tom Collected TO. Vol tn s.aD Nd
By the Court-He had no intimation from n
OF the atien iapts Of the hospital that he was 20
The objection was sustained
Thomas Cobane recalled--I was present ut III
when py brother MADE his dying declar atom 10
ner. ny brother stated 10 me his condition
FIX Recorder Smith objected To such testims|
prosecution should call the Coroner himself M,
tons having been committed to writing by the
go that he can be cross-examned as to the appsI
diiion OF the patient when making his deciaratid
a, Witness-I said 10 him, you are In bad 4
the truth and nothing but the truth; don't u
told him whether the doctor said 1t or not the ID
boarding house keeper was then present and aAoti|
lady. asF AZ ,.,.i..s,s4 .r-'rr ,....rr
DR.. Schirmer examined-I took the diving dec,I
the deceased; before taking it told him be was i
By the Court-He did not say anythirI
bis condition to me; he said nothing 10 ID
his hope or expectation OF recovery;
statement of the prisoner, which Is nov handed
he made his mark to that declaration, which '
over 70 him; told him before that he was at Ii
answer any questions that put TO him.
The District Attorney offered the dying declarat
deceased, which was as f0ll0ws:-- IA ~ ..f
Charles Cobare. being sworn. deposes and says-l
borer and live at 70 Ninth avenue; am single mr.,
tween Righh and Hir III avenues about nine O'Clock
Ing for the purpose Of attending The rar Of pisto
In the store two brothers, Of the name OF McCart
and ree s ns%ed HA Msry q monsessn raS
and Csit arine kstte and the mother of Miss Devils,
te after eleven o'clock the two prisoners came
narnes, understand. are Mctinn and Dounelly, an
have seen before they were tn liquor, as indicate
actions, and commenced right away 70 quarrel
s ef IL M
out - and ssm 'n so SDSn s sas
~
them. and while 20 engaged / received two stab
the upper part OF the right breast and another In the
gion q the bowels the e man gave me the stabs;
cannot tell what kind Of an instrument IL WA: I
stasssr shortly siterwsrds; felt pain; my bowels
was then carried back into the liquor store and "a
went for DR.. Webb; he and DR.. Thompson both cam
vised my removal to this hospital. which wss done
named, the proprietor. VIM Bell, CHARLES Msstasws.
named Bell whose given name 1 90 not know. Il '
ton did mot strike anybody; I recognise the man
ssnt who says b.. name y John DonneIly, IS tho ps
dubbed me last night AtFald7 CHARLKs 60
The dying declaration Of deceased was obaec.e
prisoners counsel, and the Court excluded H.
TIE CASE FOR TIE DEFxNCE.
Thomas Donnel1y called and examined-I am
ton Of the prisoner; went with him 10 the place
eleven and twelve o'clock; about eleven or TIVE
there; Mr.. Mulligan was there; they were sitting
and not drinking; Donnelly was asked to drink, b
win the pistol; Cobane struck Donnelly, and sew
sons assisted kicking and beating him when be "
1.-THE witness then went on to testify 10 the same
the testimony given on behalf Of the prosecution,
exception that the brothers Cobane, assisted By
first knocked Donneliy down on the sidewalk, an
him when he was down. he had no knife alb
they beat and kicked him so much that he
bloody-that he went into Mr.. Riggs iiqu
10 wash himself; while he was there the policen
and arrested him; he did not say in Mallen's stoi
would lick any body there; the prisoner is Q
maker; he uses large pair OF scissors in his
which Is made out OF pasteboard with braes al u
The Court here took u recess
EVENING SESSION.
James Shelley depoeed--I was present Il the
got there between eleven and twelve O'Clock; "
in the store; when got out the fight was nea
John Monaghan came and took him inside; I saw
60 up to the brother Of the deceased, and say
the man, then he struck at others; two men
him and came on 70 the curb stone, and saw
striking him when he was down; was standing
about opposite the door; was near enough to Ia
him say 81 can lick any con Of b." but hes
mark OF that kind; saw nothing in Donnelly's hi
Cross exaained--f don't know where Dom,
after he went down the street; saw him afterw
stood by the officers who were dispensing the Gre
Re-direct-The next saw Of him ne was on
walk.
owen Mallen recalled--I saw Donnelly that n
no weapon in his hand; did not see the woms
rine Katie; if Donnelly had made that offensive
could have heard it,
Cross -examincd-it was not In the back ro
there was great deal Of noise and confusion;
talking TO any one there.
To the Court-I heard some one say that WI
her arms round John Monaghan, but did not Sc
Thomas Cobane recalled-I never heard Don
that any per son was - OF D., for "
back room. F7rT
Cross examined--After he run away came gu
knew Donneliy before that time; was just inside
when be struck me.
Ex-Recorder Smith then summed up in an
ment on behalf OF the prisoner.
The Court then adjourned to Friday (his)
when the District Attorney will sum up for the p
More or the Schuyler Fraut
SUPERIOR C0URT-SPECIkL TERM.
Before Hon. Judge Woodruff.
JAN. A.--Johw O. Woodruff and Robert n III
The Nesc York and NesD Hdues Railroad ObW.pd
action was brought to recover for fraudulent re
4 t;or,c Sv.odo hxv dafcuN oy,xp THAR