The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-01
ContinuAtion of the Murder TrSols.
COURT OF OYER AND rRRMINKB.
Before Hon. Judge IngYaham.

Continuation ~ the murder TRIALS.
COURT OF OYER AND rRRAINEB.
Before Hon. Judge Ingraham.
JAN. 30-The Court was crowded TO suflocaion
Jurors and parties interested the cases OF the vast NUN
Der OF criminals who yet to be tried for and
| other grades OF homicide
The People korsiwr Shea-The prisoner Is indicted
| for the murder Of John Leary.
Counsel asked for postponement Of the trial ia con-
sequence Of the absence Of Daniel Sullivan material wit
ness for the defence.
The Court denied the motion granted an order for
an attachment against Sullivan
ANOTHER MURDER.
The District Attorney then called on the case Of John
CImmns, charged with the murder of Denis McIIenry
by stabbing him with sword on the night of Oct TO-
1859.
The following jurors, after many challenges by the
prisoners counsel, were empsnneued--
l-ysmes Mcintyre. 7-wm. A. COrbiere.
2-HeDry W. Thaule. 8-Jas. W. McOauley.
3-Warren Hastings. 9-Augustus Morgan.
Geo Van Ness. l0-F1isha L. WALTON
5-Horatio Schermerhorn. 1l-H. B. Carverly
6-Aaron p Wilcox l2-John j. Ennis.
Counsel for the prosecution stated the case. The
occurred at the porter house Of the prisoner
several other persons for the purpose getting refresh
ments. The prisoner was out when the party went in,
and they were attended BY little girl When Crimmin;
with him he complained Of his presence, and
wanted him to leave the house. The deceased
not listen to any Of the Of Mcenry Grim
minis then went into his back room, brought out musket
with osyenet on Il and placed Il at the shoulder Of Nc
would go out, and then left and there would be we'll
for the Of society had ended but the prisoner
went TO the counter seized weight and followed Nc
Henry who then at the other of the street. and
threw the weight at him. McHenry threw stone at the
not satisfied with musket and bayonet and a weight
went back TO his room and armed himself with
sbe and while on the ground the overlook
MIN and stabbed him in the back In the struggles the
deceased rolled and the prisoner stabbed him again
through the body.
Henry A. wray, iron moulder deposed-That on the
night Of the 10th October he met John Crimmns the
street Mott street, about $50 feet from the prisoners
place; John Cameron was with me; met McHenry,
the deceased there of altogether the prisoner
keeps liquor store all there and took drinks,
for which McHenry paid little girl aHending while
getting the drinks Crimmins before the prisoner
SAID ANYTHING TO AZ & ne Mep, INTO the BACK
and take of the child he said something about these
drinks won't do" McHenry said, now john but
got further when Crmnns said that he didn't want
McHenry talking bad Of his wife, McHenry asked him
telling him all the time go out; he then into tho
back and brought out musket with bayonet
ana a 20 n@ e 81 r on
dare not come outside and meet me like man." 81
daren eh says crmmins, and he turned 70 the ooun-
Henry; heard the window smashed about half minute
after the weight fred; when got out saw McHenry
throwing stones from vacant lot at the opposite side Of
the street; the prisoner out the soop with the
musket took back again, and came out with sword;
side behind a cart; Crimmins said, "Where Is he,
where is hep" ran after him and chased him TO-
wards the and sposes
stone which hit me; McHenry and Cfimmns did
take hold Of one another Mcienry again started 70
took him to drug the Bowery; they could do
and we took him to the Hospital his corpse the
following Thursday; saw two wounds on his back and
On ns
wards bis own after he stabbed McHenry saw the
Cross examined by Counsel-we always called the
deceased Macinnary, but McHenry. believe, was his
oTe al met IN he street and went to cmns
ry did not in rst he asked 70 60 10 and invite him
in ater Crmmins and Mcenry bad had quarrel before
know OF my own knowledge what the cause Of the
quarrel between them; heard from McHenry some six
The District Attorney objected to the evidence
Counsel wanted to show that there was q quarrel
SION deceased brought large party Of his friends
store that prisoner was nfmdated ana acted
The Court sustained the objection, and would admit
anything said the occasion Of the ransacton
but nothing that had been said some week, previously
Cross examination contlnued-Did not hear McHenry
use any towards Crmmiu. wife or Child when
McHenry ordered Cmmns OF the store he said that
nc. Ssis1s In. a'd ID anything said word think
the weight the prisoner threw was about two pound
weight don't recolec any Of the party saying anything
we ali silently looked on and said nothing.
Patrick Eealan, elecroyper residing at d Mulberry
ONE ii ee
dispute between Nc1enry and Crimmns on previous
| occasion in Crmmns' place. about the liquor and
the money which deceased owed Crimmins for
drinks This witness corroborated the testimony Of
wray and deposed that he the deceased fall and thu
Minis. and said - Don't do II, jack in the Grim
Minis charged McHenry with calling his (Crimmins) wife
him to come out in the street and meet him IKE man
10 Juror-Net McHenry accidentally that night In
oicer Riker testified to taking the deceased in car
risge the Hospital asked him hi. name and age; be
said bis name was AcHsnIy but that he was better
years Of age tailor by trade and was born in Iseant
Doctor Fhher, resident physician Of the New York Hos
and sds
he had two wounds the back and one in the abdomen,
properly belonged 70 Dr. I HUI hs ,oo,s in N. abdomen
would prove fatal the patient asked me thought ne
would de and told him was very probable, from the
Caiharine McHenry (widow Of the deceesed) deposed
that her husband was sometimes called nacnnary'
account o s Of until eight O'CLOCK On tuesday morning
the Hospital and stad an hour with him. and went
70 look ATE. my four young % the . Eldest
and staid with hun till he taken to the dead house
Doctor Hull, physician and surgeon Of the New York
Hospital deposed that he deceased about ten O'Clock
the night Of the 10th Of October found four wounds
on his body; the one the abdomen penetrated into
the cavity OF the stomach; another was under the
right arrnpit the third wound on the right side
and the fourth on the back; the the back was
about fingers depth thene under the armpt was about
inch Deep all the wounds were about half an inch on
the surface and appeared have been inflicted With the
same instrument made the post moftem examination;
the left lung had the appearance OF old disease the
cause Of death was the wound in the abdomen.
John Golden Of the party in company with deceased
at Crmmins' house. corroborated the testimony Of the
| two first witnesses.
| John Munson gave similar testimony.
! VIM. Cassidy, who not In the party at Crimmins
store testified to the street affair and the stabbng Of the
| deceased by the prisoner.
| The case for the prosecution here closed.
By consent Of the prisoner and his counsel and the Dis
trict Attorney the Jury allowed to separate with the
usual caution from the Judge and the Court adjourned "a
| ten O'Clock on Tuesday morning
IAN n -yz> ProxX~ ,s LAa n, ;m,,sas Al tha stno