The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-03
Jersey City Intelligence.
TRIAL OF JOHN O'DONNELL FOR MANSLAUGHTE


HUDSON COUNTY COURT.
The third trial Of John ODonnei for mansiaughter in
killing James Lehert, tunnel man, commenced yes
terday afternoon, before Judge Ogden and Associate
Judge Charles The entire panel called and there
being two Archer and Peter Rycson-
Judge Ogden, according TO previous announcement, i'm
posed fine Of three dollars each Thirty
were called before the Jury was completed.
The prosecutor for the State opened the by stating
that the charge against the prisoner for having killed.
without malice aforethought James Lehert the oath
Of October last by stabbng him with knife the right
side Of the head. Accused lived in shany near the
Tunnel and kept boarders of whom was the de-
ceased. On the day in question, Iehert together with
ODonne and four or five others, engaged playing
cards for liquor. During the afternoon old man, who
into the shanty and after remaining awhile elected
Subsequently Lehert and ODonnen got into disturbance
in consequence OF the old being turned out Lehert
with stone In his band. ODonnen vas to have .
knife his hand The two had ecuile and Iehert fell,
when discovered that he had been stabbed which
caused almost instant death. When arrested, 0Donnen
found secreted under the floor OF bis shanty.
The prosecutor also proposed to prove that when taken
into the prison, O'Donncl was under the influence
Of liquor and upon being searched stone was found In
his pocket
Patrick Mahoney was the first witness placed upon the
stand He testified that he IL employed in shaft No. 4,
and that O'DorueIs shanty near No SHAFT the
afternoon Of the difficulty witness went to ODonncls
Con Hays Lehert he deceasea and anoiher man play
ing cards he took Mrs ODonnels place. and they played
two games Of "Forty hves for The liquor; Lhert
out each time and brought In pint OF gin and pint OF
lemon syrup, which was drunk up accused aud deceased
only drank lemon syrup while they we're drinking the
drank Of the gin twice he then inquired for man
named Denny Kyker, and 0'Dorneii replied taat
he lived to HoSoken the old d,r man ~ III his pipe
out, and not complying with the request, she and her
husband put him OUT Lehert took the old mans part
which led 10 q scufie between him and o Dorne during
which the latter had his shirt sleeves torn Off, Iehcrt
then put out Of DOORS and witness and some OF the
nes men also wens ST s sn couple
them, and advised him not to have any trouble, a.
ODonnell would not hurt him; Lehert replied don't
how be then rushed al the door with bis shoulder,
when Dngan--ope Of the pary-advised him not to do
THAT S u ,Ss 70 strike Dr ga Be said any
stone IN IT, Iehert then burst open the door and in
followed moment after by witness, when he Don.
nell and Lehert cnchcd near the table at the back side of
the when witness got In he heard Lehert ask Dom
neh what he struck him for but did not understand what
reply was made they then commenced to pun each other
them advising ODorne to desis, the latter replied that
he did not intend TO hurt Lehe and told witness stand
door he saw ODonne have knife in his right hand with
which he making offers towards Lehert's eft side;
both were clnched and in this position they backed
outside of the door; witness could not tell whether
O'Dornell struck Lehert when he was making throsts
with the knife not; Mrs. 0'Donnen was along with
them trying TO separate them; going 10 the door,
witness saw Lehert lying on his back bleeding, about
three feet from where 0Donncl was standing ID the
door; witness started for doctor soon aiter, and
as he did so he saw some women trying to get the
knife from 0Donnell; upon returning Lchert was dead
from the time they cnched until Lchert Was lying on the
ground be did not notice anything In the hands OF the
latter the knife In 0Donnelis han was long one, and
looked rs though IL was Used for cutting meat
the examination witness stated that one OF the
party playing cards Was a man named Welsh; did not
know whether or NOT he worked at the Tunnel and had