New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-10-20
THE WAGNER MURDER.
Trial OF the wife-sIayer-A Horrible
Crime without Apparent Motive
shnddering Details OF the Terrible

Yesterday morning the trial Of George Wag-
ncr for the murder Of his wife, Mary Wagner, on the
2lst day OF July last commenced in the Court OF
Sessions. The details Of tho affair IRE well known
Wagner was bard.working man. a cabinet maker,
residing at No. ZIG Broomest On the afternoon Of the
day he came homo, and was supposed 10 have had a
disagreement with his wife, for she out OF the room
and pursued by him. At the back door he caught
her, and struck her the back of the head with
Ratchet, buryng it three fourhs in her skull and
killing her almost instantly.
When arraigned for trial. he offered 30 plead guilty
to murder IN the second degrees but the Court would
A jury was selected with great care and the Dis.
Attorney A. Oakley Hail. opened tho case for the
prosecution With few remarks. detailing the partcu-
lar circumstances Of this horrible murder which. lie
said. was also a most extraordinary one.
lie then called Wooster Beach, jr., N. ID.
TESTIMONY OF DR. BEACH.
am surgeon and praeticInR physician In this city
on the 2st Of July call into No. SIG Droone ST.
TO examine the body OF Mrs; Mary Wagner. sid to
have been murdered by her husbands Capt. Mills was
present. found her in the front room the first floor
lying on her face; there was serious wound on the
back Of the head; the skull was Smashed in; small
az was buried over halfway In the brain; the back Of
Tie * was mbedded Ia the skull past the haft The
District Attorney here handed the witness the s
cotted with blood and har Yes sir, that Is the Ak
CHE witness then explained how It was imbedded in
the skull, aud prOcoeded) there wounds in
the face at the Of the noses there Is doubt
that they produced DEATH examined her internal or
say the habits OF long standings could not ex
anime the brain 1t was too much maugled
The GROSS -ex ation Of this witness waived
TESTIMONY OF JOHN RYAN
I live at No 1874 Boweryi on the day In question
was at work the premises In questions heard the
or cry Of wonani was in the yard, 70 or IA
feet from the house, tho cry from the back door
leading into tho yard; t5e woman was lying face down
upon the door Sill the prisoner kneelrg upon her
shouldcrsi saw him bury the In her BRAIN do
not know whetLer be could get il out again. 1t went 10
he len no Z Ia nd m ugh
the grocery; the did not make any noise after
BIO buried the AK in her brain, she simply quiYered
liie and lay perfectly quiet ran into TIE grocery.
Others the woman lay the same as left her, she was
dead.
TESTIMONY OF WILLIAM SMALL.
William Smal testified that he at work IN the
cellar; ho heard two blows struck; one immediately
after the other and the screams OF wornan he ran mp
stairs and the prisoner and woman standing IN
the door, he saw the prisoner strike tho woman three
tines at the third tiEo she fell
The witness Vas switzer, and gave his testimony
through an interpreter.
CToss-exanined-He testified no did not see the man
TESTIMONY OF WILLIAM CRAWFORD.
reside at 40. 80 Thompson St Il Is directly through
from No. 45 Broome'st, the fence was down. heard
a carpenter say that man killing bis wife; ran
around aud saw the prisoner In the back door oi hs
honse; no was kneelhg on a woman; saw him strike
her with OK repeatedly DO buried his az Ia her
skull and lei II about o'clock IN the afternoon.
TESTIMONY or cHARLEs COOKE.
Mr. Cooke tesiihed-I was sitting in my door at my
place Of business No. ~ Thompson'sr. when saw d
there, in the back door at No. 40 Broome-st saw
woman ly ing her face with an sx imbedded IN her
skull the prisoner made his appearance; heard some
say nc was the murlereri he started awsy anoger
man and self after him and took him 10 custody;
asked him why he killed herr he said 'tronbe IN the
house; policeman and handed him over TO tim.
TESTIMONY OF OFFICER BARKER.
George w. Barker testiaed-I took the prisoner in
custody; he handed over TO me by ohcer Lvnchi
= fhA TIM
why he did IT. he said II had causei" Inc was very
quiet; he did not say much than this. Tie wit
ness also testified IN relation 10 the body.
Sergt ScoGeld Coroner Wildey and Capt Mills were
examined, but nothing of importance to which other
witnesses had not sworn was elici,ei.
Mr.. Edward Lynch swore to the identity Of the body;
no was intimate with the family and never heard OF
their quareing.
The prosel u.ion here rested the case. ..I
THE DEFENSE.
The defense. In opening. acknowledged murder had
been committed and that the prisoner had killed his
wife, but claimed that IL YVES done during mental aber
ration VI mind that the Prosecution could show no
for It. and verdict Of guilty in She first degree
coud not b. given.
They recalled DIR. Beach and Capt Mills to prove
that there only one wound In the back Of the head
Mr.. Hall admitted IL.
The defense then, TO prcve good character. called
Edward Lynch. Charles Sfohl. Emil Mailer Edward
Pitcher WIN. CIagel. Edward Potter. and Frederick
Wehr who testified that the accused for many years
past had been quiet, sober honest and respectable
cizen he was little grave ard retired but always
lived happily in his domestic relations that he hal
been frugal and saving and had lately started cabinet
shop on bis own account.
The defense had eighteen more witnesses. but the
court here adjourned until this morning. Whethereny
testimony viii he taken on this point Is doubtful
for evidence OF good character is only available in
doBbEI cases. for then 1t repes the presumption OF
guilt The prisoner looks careworn aud emaeated by
Els confinement. No enc would Judge from his appear
ance that he had the nerve 20 commit such horrible,
horifyng atrocious and unparalleled crime which 1t
is not preJudgng him to cay be did.