The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-26
CRIME In NEW YORK.
Csurt or Oyer and Terminsr.

Csurt or Oyer and Terminsr.
Before Hon. Judge Gould.
CHARGE OF ARs0N-rHE CASE OF PATKiOA III mhSnn, r,,,
sEY-rHE JURY sEyERELY REPHAANpED Df TIE
COuET.
pcr. x.-Judge Gould, having inquired whether sne
yv Tho convicted this prisoner last night Of arson In
me third degree was in court, said-Because
INV have merely the physical power Of finding person
tv OF one or another offence they had no right In any
shape or manner convict this prisoner Of arson In the
third degree. they told expressly and explicitly,
n matter Of law that they found that the prisoner
set the building on fire, their duty was 70
md him guilty Of Arson in the second degree
BY their finding they found that be kindled The hre and
,asy 70 nH ba 0a y sSsouey
moral pe rjury they had themselves committed per
Jury upon the witness stand. Now win observe tnat
The Court sit here matter OF farce, 70
te jury what the law Is and II Is just "a much mat
Ter Of wthout their knowing anything OF arson
conviction that would ente the prisoner 10 new trial
whether IL rains or shines TO- day The duty OF tne
jury TO take the law from the Court ana mercy % suu
them no right TO transcend the directions given Ihey
were informed distinctly that the fact Of the setting on
IRE was all that they had 10 do wltn'
THE PEOPLE vs.. ESRIGHT AND STEVENS.
En- Recorder Smith, the Of Enrght, desired TO
make an explanation reference TO affidavit which he
had presented yesterday desiring postponement Of this
tral The afdavt shsuld have read that the witness
had left for Connaueh and that he had sailed 10 the
Connsught. The name Of the witness who was repre-.
sented be At the Astor House was different person
altogether he had been there eleven years Instead OF
Mr. Clinton observed that the defendant Stevens had
been wrongly indicted by the name OF Stewart. Tney,
however did not plead tha. IN abatement because aney
The District Attorney, In referring to the case OF En-
right remarked that he could not be expected TO read
newspapers and he really did not know whether the
CbnnauRht going Ireland coming back when the
affidavit stated that the party sailed In the Connaught
nary fasity OF the adavt He had asked the counsel
70 state in his affidavit when the Connaught sailed,
and he Mr smh) turned round in open court and called
out his client for information, who repeated three
weeks sgo and that Tailed with his impression that
that time, he supposed TO be true that the wit
ness sailed Connaught He had no reason 70 dis
the ruhfulnees Of the Adavit and therefore did
not require new one TO be made The witness, John
Welsh, OF the Astor House, was in court.
The Court-Yes, but this Is . different ma1.
Mr.. smith-This man b u been In his place, believe,
John welsh was here Intercepted by the Court and
stated that he knew nothing Of the matter and when the
alleged crime was committed he was In different part
Mr. smith suggested that the matter should stand
I'LL TO- morrow that additional affidavit could be
saw that this defendant stands be-
fore the court under such degree OF suspicion that there
should be some additional affidavit.
w. and IL unfair for the District Attorney 70 say be-
this court and the jurors who will try this
Tne Court thought II better 70 postpone the case till
next morning.
CHARGE OF MURDER IN TIE SECOND DECREE.
Tie People rs Eden Hododon, indicted for n< murder
Of John Cunningham, By stalking Nth a knye.-Mat
thew Healey, examined by Mr.. J. II. Anthem for
prosecution, depoeed that he the prisoner also
John Cunningham vei at 312 and the other at 3l4
Second avenue; remember the day when deceased was
killed; standing the sidewalk at the time; Gun
ningham's father, brother and wife, and man
since dead present the time Of the murder this
was avenue A, between Twentieth ami Twenty nrst
streets at the east side OF avenue A. the
laughing and joking with the present, and turn
s1
were playing together tho rrisonsr was goins fo tue
deceased the deceased back from the fence Is The
prisoner got H. saying that he stabbed as he said
this witness looked al the prisoner and saw the knife in
hand the deceased thtn opened his shirt and saw
wife came up ana throwing and bricks
the prisoner the prisoner then away through the
the spaTring commenced his brother and the others pre-
sent quite close At the time none OF the others
were sarrng At the time the moment deceased SAID he
could not swear 70 the knife n IT, knife In
the hands Of Cunningham before that during the day the
blade was In the handle, bot there rive In H.
this was about two three hours before the murder
took place he standing close by the place whore
the murder place the time he had the knife In
his hand the fence wooden fence, about eight feet
hEh. -.
not fastened TO the handle by q rivet II a small
pocket knife lrmaer than the shown 10 Hods
sssa between he two men they were together friends
at that time; about minute two elapsed between the
time he turned to look down the street and the time
that be heard the scuflng; the prisoners face was
towards the deceased at the time he moving back
wards towards the fence the deceased had his back TO-
wards me; cannot be certain whether the deceased's
hands open closed, whether he had any
thing In his hands; did not the knife Of
rse s & ss ssou, qurrs Are vrs % over % g0dsa0p
Judge. and while he refreshing did not any
knife In his hand this retrea'ng brought Hodsdon up
about the knife aud then the knife; had
either Hodgdon deceased than two months al the
time do not know any thing about the condition Of Hodg
Michael b Cupnr CHAM, the brother Of the deceased
then examined, and testified 70 Substantially the
sane facts the last witness.
Michael cunnlngham father Of decea,cd deposed thai
he was present al the staobns Hodgion the prisoner
made some remarks which the deceased said was not ~
conversation before women prSoner SAID he would say
what he pleased then Just put his hand on prison
er's shoulder upon which Hodgdon withdrew from him
puled out knife and came forward and stabbed nv
10 the heart with the knife,
krs. CHAM widow Of John Cunningham de-
ceascd, deposed that she standing her steps
her brother In laws wife was stng on tho stairs read
ing nevspsper there were persons on the sidewalk
the prisoner thres piece Of slate stone on the steps
he threw second onc went up stairs and looked out
OF the window ard saw prisoner AMI my husband Gsnt
nav, ,ou have s,ssSed me 70 he heart iran q hIt
Hodgdon, but he got away nto the next house
Cross examined BY Mr. W. n. Anthoh-l 40 not knos
that they were playing that anything pleasant was
rorg on, saw the knife 10 prisoners hand
knor think u my husbands knife, found "a on the
Sidewalk.
Nathan sandIord. of the Metropolitan Police, depo,el
that he found the person vno nad been stabbed ng
the soop arrested the prisoner In the top story u the
next house where he boarded found q kni'e Ia his
pocket Coroner Jackman took charge u ~ received
another knife from the wife of The dcce0ed Coroner
Jack imam has thai also
Dr. Eugene rougnet deposed that he Ia one % the At
tending physicians al Bellevue Hospital the deceased
WAS brought there he had wound the le side there
hemorrhage, only very slight, the edges of the
wound brought together; The patient Old pretty
well, but be appeared the henorrhage was anAly
arrested and he died on Tuesday morning about eight
O'Clock made post mortem examination lew hours
after death there marks upon TIE body ercept
ing the wound already spoken of On the s rie ot the
chest below The cartilage ~ the second ro, On opening
tbe head there slight thckenng OF the membranes
covering the brain, aud a sllg lght edasiou 81 bbod
below tbcm; the brain vas oinerwisc healthy, %
openng the chest the wound had penetrated inn -
cavity through the ntegunent wonnding the Interior
artery whish below the ribs on the internal saf