The national Republican., 1861-04-06
L OCAL N EW S .

CRlMlNAL COURr.-Judge Bcrrtck Drestdtn9.
Trial Of John Foley for the Murder Of Michael
A1Phy.-Yesterdsy morning the court met at
10 o'clock. The prisoner having been brought
into court, the trial was proceeded with, by
calling for the persecution
Policeman Ha'rorsr, sworn, who testified
that he was present at the coroner's inquest
over the body of Murphy. Assisted in taking
the ball out Of the wall At the request Of the
coroner, witness took charge Of the uniform
coat worn by Murphy at the time he was shot.
Witness here produced the coat in question,
and exhibited the perforations made therein by
the ball -
Cross examined.-Witness knows nothing of
Foley ever having received stroke on the head,
except from hearsay.
District Attorney Ould here announced that
the case, so far as the evidence for the prose.
cution was concerned, was closed.
Mr.. Thrift then opened the case for the de.
fence, stating that the defence expected to show
that the prisoner was laboring under delusion
Of the mind, amounting to temporary insanity,
at the time Of the commission of the crime.
Mr.. 7. read from medical jurisprudence, in
explanation of the theory of the defence con.
cerning the case under investigation.
The examination Of witnesses for the defence
was then commenced.
Robert Langdon, (private,) recalled-Foley
was in position OF charge bayonets Just be-
fore firing the gun. Only saw him in this po.
sition once.
John Nolan, (corporal) recalled. Foley was
at charge bayonets when witness came down
stairs after Murphy was shot.
in the yard when the shooting took place.
Went in moment afterwards. Saw Murphy
lying on his face on the floor, and witness went
immediately to him and saw he was dead. Fo.
ley said to the Major, who was present, that he
could 20 through the manual Of arms as well as
any man in the company. When be was confined
in the back room, witness was present in the
room, lying on the guard bunk. Foley was ex.
cited and much under the influence Of liquor.
He said he could whip any man who came from
Cork, and tore of his shirt, and rolling it up
in ball, threw it at witness. Witness made
no reply. Foley kept going to the door and look
ing out into the hall. Murphy told him to keep
quiet. Foley walked up and down the room,
and occasionally struck the wall with his fists
and knocked the plastering off the wall. No
one had said anything to him about Corko.
mans. He was excited and drunk and very rest.
less. After the shooting, witness was placed
as sentinel over him. The dead body was in
the room where he was confined, and he
danced about and sung. This behavior con.
tinued till the officers came. Noticed nothing
particular in the expression of his eye. His
conduct that day was such as witness had fire.
quently seen him exhibit when drunk. He
would strike his own friends when drunk, the
same as other men will under similar circum-
stances. After dancing about awhile, he came
to the door where witness was standing, and
witness pointed to the dead body, and told him
to see what he had done. Foley turned and
went up to the body, and striking at it, said,
IL 49,
it." Witness don't think Foley Is a man Of
sound mind when sober, he is a very quiet
man.
Crossexamined.--When the guard turned
out that afternoon all the prisoners went out Of
the room to drill, save McGlone, who remain
ed there with Foley. The wall he struck was
composed of lath and plaster covered with
,per He struck it violently. Witness thought
he was insane from liquor and excitement at
the time of the killing. Considered him very
dangerous. He appeared to be partially out
Of his mind. Witness didn't express the opin.
ion to any one that he was insane before the
killing. Was In the room with him twenty
minutes to half ON hour. 1t must have been near
an hour after witness left the guardroom that
Murphy was shot.
James Jordan and Francis Cook, (privates,)
were sworn. Their testimony was similar to
that already given.
Michael AcGlone, (private,) sworn..-Foley
was very abusive at the guardr room prior to
the homicide. Witness did his best to pacify
him, but without success. Had seen him more
intoxicated on several previous occasions, but
never saw him present the wild appearance he
did on this occasion. He looked rather pale
and sickly, and was extremely restless, walking
mp and down all the time. He struck his hand
very violently against the wall three or four
times. There was nothing whatever said thai
was calcula ed to irritate him. He threatened
witness, and wanted to fight him anyhow. He
went to the door severa times, and opened it
telling Corporal Nolan that he wanted to see
Major Haskins. Believed him to be laboring
under fit of insanity at the time.
Cross.examined. ~ Witness never saw 9
drunken man act in the manner that Foley did
Kept his eye upon him, because he did mo-
know but that he might strike him. Did mo-
see him 90 out of the room until he was taker
out by the Corporal. Might possibly have gone
out, though. There were others in the room
most of the time.
P,ivates Mcfarland and Eean were sworn
Their testimony was similar to the others.
The evidence for the defence closed here, ant
the prosecution then called, as rebutting test
imony-
Pier Eagan, Sergeant sworn.-saw Foley
before ne was connneu was taiking 10 Nun Oh
the back porch about ten minutes previous tc
his confinement. Saw that he had been drink
ing, and advised him to 60 up stairs and 90 t.
sleep. Foley said he wanted to see Majo
Haskins. Witness at last induced him to &
up stairs, but he came down again about fv'
minutes afterwards, as witness thought, to ge
some milk for his supper. Witness saw hin
in the back guardroom a little while afterwards
was not very violent then. He appeared to b.
perfectly sane. The next time witness say
him was after the shooting. He was then stand
ing still in the room where the corpse was
Did not observe his countenance. Foley wa