The New York herald., 1865-05-14


JAMS SINCLAIR Secretary
GLASGOW, April %, 1905
Csurt OF General Sessions.
A CASE OF NANsLAU0HT1A.
Before Judge Russsl
Boon atsr the court was opened on Monday Hiland A.
Nain wounded volunteer placed trial, charged
With the homicide Of Edward Brennan the proprietor OF
drinking saloon u 81 Mercer street. the evening OF
the 1ath Of January last The Court assigned Aessn.
Townsend and Cohen 70 defend the accused
oplxno or ASSISTANT Dn1RIor ATTORNEY sEDvoRD.
Mr. Cunning Bedford, Jr, Assistant District Attor
nsy in opening ths for the people, spoke - fol-
lows:-
You. Heroa Axp 0rnxxu az TEE July:--Tns prlH
oner the bar Hand Main has been indicted by the
Grand Jury for the murder Of Edward Brennan ON the
18th Of January last q No Mercer street IN TINS CITY
that the killing does not In this in the legal meaning
Of the term, constitute murders and cannot therefore,
urge for conviction Of that crime. s sound rule
in law gentlemen that when Issue 20 sacred a hu-
claim oonvicton for the crime charged in the ndct
ment must be- beyond all doubt satisfied that the evi-
denoe is not only consistent with The prisoners guilt
6t also inconsistent with every other rational eoncu
sop II !. nsual both in civil and criminal trials FOR
the respective to call as witnesses those only
who are known 70 be 70 .ns .;s Ssuss nna
this case however deem 70 BE- ~ duty 70 dsSias g, ~,
nom the general rule and shall place before a.. .os
murder You win then perceive, gentlemen, ~ she
facts developed that the evidence Is conflicting in
T. and i M ,: r ySS 70 s:s.Sss oSIss es S
Uusy as VEN ~ d indisidss against the acts Of the
be scrupuiousy administered. Tho public prosecutor 10
otentines placed In . most delicate position He is TOE
and pressing and striving more for vcto than for jus
tics This gentlemen, II not %. IL his solemn duty,
:as r.: & .s sfss.
While i his duty to raise Il. strong III. s S * SGlsse ss a.
defence Of the rights Of the people, yet he s not under
Shy ocanaances to invade in the slightest degree the
sa sT nSlaes es proper r he ss 70 dsas .
you the loyal difference between murder and MAJ
slaughter Murder ssnts%.o has BE BEEN h :p,sy aid
h1sa ss The tns Of ,,spa human ~ Ss.s
life, accompanied by . malicious intent 70 take IT,
the passions and is the unlawful killing OF another,
Siiiins in quss:ion s tie people claim 70 Ss mas
slaughter In one OF the lower desss The facts and cir
s iA Of January between the hours Of nine and ssn
The prisoner accompanied by two Of his visis4
No n hsrcer street, the saloon Of Edward Brennan the
deCsased When they entered the place they found Ed
ward Brennan and two girls there The prisoner q one
Of his oompa1ons desired 70 sst three drinks on tru
The request was denied Edward Brennan the decsased
eating THAI the times were too hard. Some
words followed, . soufne ensued between the deceased
snd one 81 tho eompanons q Ne prisoner and during
bottle ana struck the deceased over che head causing
fracture Of shs skull which the direct causs Of
given are disputed some Of the witnesses tesfyng that
previous 70 the prisoner inncting the blows upon the
head Of the deceased, that deceased stopped down,
opened drawer and drew revolver, while other wit
nese2 the contrary declare that deceased made use
Of no wespon ., ALL Iwiil now proceed to CAL the WIT
happy occurrence; the responsibility viii then devovs
upon you 70 render verdict which will vndicate Justice
DR. Blicen testified 20 having been called 70 attend
Brennan after the occurrence; hc discovered wound
she left side OF The head be arrested the heorrhage,
pi,al the wound In hts opinion, might have been in
hictcd with bottle or a brnt instrument.
Mary Ann FLOCK and Anna Ernst were the principal
sstpcises the prosecution Whose testimony sub
stsntiay the stated by the prosecuting ccer.
Dr. McGeo testified that ne held post mortem exam
pation the body Of Edward Brennan, and found .
confused wound the scalp and there vas compound
fracture Of the skull on the loft side.
David Sullivan and John McrariaDd, friends Of the
accused VINO accompanied him at the time gave very
diff rent version Of tho occurrence. They stAed thai
whom they went In and asked for drinks some words en-
sued whereupon the deceased walked RAPIDLY from one
eud or the bar 20 the other and took up what they sup
posed 10 be revolver; Sullivan struck with IL and
Mcfarland, who took par, in the sue, thought that
the deceased struck the prsoner he saw Mains hand
uplifted, but did not sec any bottle
Mr. Cohen opened the FOR the defence and called
number Of gentlemen 10 the good character Of
the accused for peace and euietnss They were res-
dents Of Peteburg Rensselaer, county In this State
and gave the defendant an excellent character having
me case will be summed up On Tuesday morning
Townsend procesded to address The jury in behalf ei
HiiAAd Nain claiming that the Jury ought 70 render
verdict Of justihable homicide.
Assistant District Attorney Bedford followed in IN eie
auent speech, claiming only conviction for msnssugh-
tsr In she fourth degree.
After Judge Russsl delivered impartial charge the
jury retired and after celebrating for hour returned
into Court With verdict of guilty n nansaughter ~
The fourth degree, coupled with strong recommsn@
ton 70 mercy. The prisoner was remandsd fcs sensnce
The Lincsln Monument.
sfyxhD . v0wLgRs sHsrwMonrs suBsCRlDl
FIFTY pOLLARs