The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-14

nighk ne pris01 - 80 - 49, q9aA5 and 49,
ssssssssa The ponsrs attention, and caused him .
ne pnsonsr was immediately told that there had not
been the slightest susion made 70 him instead Of being
with ss % on ls y Z %
could whip any one In the party, q the same time
Advancing towards the deceased He instantly struck
backward. The deceased. after receiving the blow,
said. "Why do you strike me" The prisoner made
ss ma rraatsd ~ M = sSs mSG
Ss prison r. NC BY this succeeded draw
without the least justification plunged into the side OF
his unfortunate VICTIM causing death. These gsntle-
men, the few and simple facts which will Be pre-
scented 10 you BY the prosecution They develop an in
difference for human life which indeed ia appalling
Crime is on the increase among US The community
startled By the constant OF these fearful
murders You, gentlemen, entrusted with high
and sacred duty. The people look TO you for pro.
lection. Under the solemny Of your oaths you have
each and all OF you promised TO render q verdict
in accordance with the factS Let your minds be free
from all bias; and when you enter spon your dsbera
emphatcay remember that You have but one object in
view, simply, the development Of truth. leave the
case with you feeling an abiding confidence that you
will do right While on the one hand IL will b. your
people, yee viii remember that the unhappy prisoner
hold your sympathy nom the unhappy prisoner whose
conscience is now charged with the blood Of fellow
being, and whose heart must grow faint at the con-
my duty 70 say to you that the stern and memorable
voice OF the law sdmonishes you in unmistakabe Ian
gusge that the court ROOM in case like this is NO place
Tor symuathy; you must regard H. the contrary a.
the sacred temple Of Justice.
y r,.s , c..,.., Iaf rEr1oSY. -,
IN this city, am brother OF the deceased remember
the night OF March 30; standing 1t the CT
Hester and Elizabeth streets; was there with nv
brother the deceased ase with James Farley, Nc
Kenna, Birdsel, and Wilder; We were acquaintances
and friends saw the prisoner that occasion; he was
convsrsng With female; the deceased said standing
there was worse than cat fghtng he addressed that
remark 70 his own party, who took no offence q u the
abiding to msf" said nobody is abiding to you,
young Fellow" he remark that he could lick any
self; Farley spoke up and asked what was the matter
with himS the prisoner said Jimmy, ask no odds OF
you cha. W.: addressed to Farley who said "shs.
over towards the girl, and crowd OF about Is or 20
came around the corner they asked the prisoner
remark that somebody called him an old cat;
prisoner2mads run at my BROTHER and said sYou are
one Of them" and hit him IN the face twice; my
brother backed out into the street and said What
you hitting me fof the prisoner made strike at him
in the breast my brother for about fifteen feet and
and wilder followed my brother, who said ~ am cut y
the prisoner walked towards his party, who stand
ing on the sidewalk from the time my brother got hit
until he said he cut about minute elapsed, and
there was one near him then but the prisoner;
struck him but the prisoner; gave my brother to
BirdsaI who took hum 70 druggists and went back
with Wilder 70 have the prisoner arrested be was mot
arrested until the next night when oyster knife
taken from him; was standing within seven or eight
feet OF my brother when he received the blows and 81
NO time Of the difficulty did he strike the prisoner.
Cfossexamined BY Judge StuartThis AFFAIR took place
about hafpast ten o'clock at night; the woman and the
prisoner we're near the corner Of Hester and Elizabeth
Streets talking when We arrived there we stopped there
on our way home met Farley There's Farley did not
pass any observation on the prisoner and the l do
not think that my friends the prisoner and the girl
1t the corner there y NO lamp there; do not know
what my brother meant By the sxpreasion s is worse
bsfese the pnsoaSs sssuck ny bssshsI. DID you sse
any one q The party tahs o6 his eoal anA bsas him y
Ne would whip thu Psiscaerf A. Tdid noe q You ~
you did not yons brsther ssiko the psoocr Ill
A. I did ma - Bin axks bin About ~ minutss
slapesA rsn Ne sns ny bsashes RID sSns ID worse
The prisonsr vas stranger 70 nyssh and my brother
die NOS know any q sas parties Who came round the
By Mr. Bsdford-q Astsr your brother was Struck
twice in the face what then did the deceased dor A
He walked backwards and made the remark. "what
you hitting me forY' o What did the prisoner Do
A. The prisoner 1t him and struck him the LEFT
dde; the deceased on; Wilder and went up TO him
and thsn he said, al am stabbed.m i f6tg- &5fn
Witness 70 Juror-The crowd that came up knew the
he did know any enc in that crowd: went back 70
arrest ths prisoner, but there bong such crowd gOt
scared. 1g u
TO m. BeAsord-Whsn went towards the crowd 70
look for the prisoner did not goo bim- .e.,s.
James Farley cosToborsted thenfoJegoing testimony.
prisoner haa retained 70 the sidewalk, he said, II viii
cut the bslly ose Of some Sf these fellows yet" ~
Some furshAr testimony having been gwen, ihe coort
adjournsd 70 half-pass ten o'clock this morning