The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-20
ALLEGED WIFE MURDER.
Trial OF George Wagner for the Homi-
eide OF His Wifc-Tho Testimony
Closed. &c.
COURT OF GENERAL SESSIONS.
Before Recorder Hoffman.

eide OF His Wtfc-Tho Testimony
Closed, Sc.
COURT OF GENERAL SESSIONS.
Before Recorder Hoffman.
The trial of George Wagner, charged with murder Ia
the first degree causing the death Of his wife by strk
ing her with Ratchet. commenced yesterday.
District Attorney Hall conducted the prosecution Messrs
Stuart and Cohen defended the accused who appears
be an intelligent and respe tably dressed Judging
from his appearance would suppose that man
OF his apparent refinement would be arragned
upon such a serious charge.
A jury obtained without much difficulty, after
which Mr. Hall made an interesting statement OF the
The prisoner charged with killing his wife,
Mary Wagner the 22d Of July about four o'clock in
the afternoon. at the premises sic Broome street. She
must have died instantly Usually in cases of this kind
the evidence Is crcumstantia but in this particular
instance the testimony would be positive, for four wit
nesses saw the prisoner rush his and literally
knock the brains Of his wife out with hatchet-thus
showing deliberate malice.
The first witness called DR.. Beach, who made
post mortem examination OF the body OF the deceased
which lying in the front room He found the body
lying face and there serious wound the back
Of the head the skull broken and small axe was
buried the brain. WITNESS identified tho axe, which
on inspection was found have OF the hair Of the
half Of the axe was within the skull his judgment tho
injuries upon the brain caused DEATH the face OF tho de-
ceased was very much dsgured but tho witness judged
that she was about forty years Of age he examined the
internal organs and from such examination he con
cudcd that she was woman Of incorporate habits.
John Ryan testified that he a carpenter and on
the day Of the homicide working in the yard Of the
premises where it happened the first he heard was
woman halloo tho about fourteen feet from the
house, and then he to the door and the prisoner
kneeng on her shoulders the sill of the door, with
axe in his hand the sunk into her head; wit
did not know whether he could ct IL out or not;
the prisoner back to the hail. into the street while
the witness into the grocery store and told them
that the man killed his wife.
VIM Small, examined through interpreter, said
basement, whose occupation Is that OF q furniture
repairer; about half past three O'Clock hs saw
tho prisoner pass in and go up stairs he
blow and scream; no jumped Immediately towards
the staircase and heard another there wore two
blows after e 9hsr he was on the rcase sn ana
which fccd her TO tho groud he axe remained IN the
head, and the prisoner ran up stairs, Fltnes yn .o
@ sa saa % he aS T.
tho prisoner before that day he heard the prisoner
say, 81 have killed her ~
Cross examned-Th prisoner and the deceased
both standing upright when he first saw them; she fell
when tho fourth blow given; tho prisoner loft the
Ratchet in the head and went away slowly up stairs he
did not kneel down upon her; the prisoner went up
stairs and aferward he saw him go out OF the front
door,
ness and whose house Is the prisoners place. es
lied that about half past four O'Clock he heard Of the
M say Sm % work mere .n ana see
door he man hitting something. hc at first sup
posing that no cutting wood witness then went fur
thcr the yard and about fifteen feet from the
prisoner when he saw him hitting woman with some
thing which looked like hStchet he hit her half
dozen times she lay on her face and he lay on top Of
Ion ri hvaV IA bond
with axe; witness into the street, and about FIVE
minutes after people wanted soldier TO bayonet tho
Charles Cook swore that no heard the cry of muir
der went into the house Of the prisoner aud the
woman lying on her face; she was dead. and the
In the pack OF her head.
Officer Barker testified that the prisoner given In
charge 70 him by Edward Lynch; while going TO the
station house the officer asked the prisoner what made
him do the decd when he replied he had for IL
after the witness brought Wagner TO the station house.
he went to the scene Of the tragedy he saw the body
lying the back door, when he and Sergeant Sch0hcid
brought II into tho front room; other parties
talking with the prisoner and when one Of them asked
what he done for he (Wagner turned around and said
''t is Of your business; he did not seem TO be
very much sxcitcd.
Coroner Widely testified that the morning after the
occurrence tho prisoner said his wfe's name was Mary
Wagner
Edward Lynch said he knew the prisoner and the de-
ceased and that they appeared 10 1.-Two together as man
and wife the deceased two days previous to the kill
ing and recognized tho corpse being the body Of Mary
Wagner
CAptalh Mills sau that WHEN " ashoi Woo ss uo.su.
TO the house. he refused TO say anything about
the matter but afterwards became more communicative;
he inquired II she dead, and was answered yes;
the remainder Of the conversation was objected TO- and
was ruled out ss.,r
DR. Beach and Captain Mills called by The Asnnssi
for the prisoner and stated that sh,re was onv one
breach In tho skull Of the deceased
Mr. Hall rested na case for the people by putting the
Ratchet in evidence
MIR Cohen opened the for the defence aud called
the attention Of the jury to the entire motive
tho part OF the accused for the commission Of such
savage murder They would prove the previous good
character Of the prisoner aud the amicabe relations
listing between the prisoner and hts wife, and up tho
theory OF morbid frenzy which led him in moment
70 DO deed which from that moment TO the present
hannt'd tim.
examined all Of whom testified that he Industrious
and possessed a remarkably quiet disp0s ton.
This closed the testimony both sides; and In con-
sequence Of the ndsposon Of the senior counsel for
the prisoner tho Recorder granted adjournment till
Friday, when the case will DO summed up.