Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-03-29


PIrTsBURG CoAL-Briggs & Peterson,
Office l3 Madison street. Branch Office,
10 Union street,. B. Mosoley, agent
We are the only coal merchants who
weigh on the city scales. 329
CRIMINAL COURT TRIAL OF GEARIE.
The trial of John Gearin for the murder
Of Matthew Mulvey last October was
continued in the Criminal Court yester-
day, when ]. Willis, a policeman, testified
that he witnessed the killing of Mulvey
by Gearin. His evidence was to the
same effect as that given by the witness
examined the previous day. This closed
the case on part ofthe prosecution. r.
H. Cruppen, policeman, was next ex-
amined for the defense. He saw Gearin
at ten o'clock Of the morning Of the
shooting; he was bleeding at the lip, and
witns took him to an apotbecary; re-
ceived from him the amount required for
his appearance at the police court to
answer for his fight with Mulvey. Es-
quire Moore testified that there had been
a case before him about hackman, the
particulars of which had escaped his
memory an effort was made to settle the
case, but he informed the partiesthat the
law did not permit the compromising of
a felony, and the accused must go before
jury. 1t appeared that Mulvey gave
Gearin check for money 20 settle the
matter with, and when it could not be
settled, Mulvey wanted his money back,
but Gearin refused to give it up. The
two men left his Office in i'll humor with
each other in consequence, and in the
hall outside broke into quarrel. He
went out to them, aud succeeded in in
ducing them to go away. Capt Simonds,
of the police, was in the stationhouse
when the pistol was fred. On hearing
it, he turned and saw Mulvey come in;
he came close to witness and drew a
pistol; he was facing Gearin at the time,
but did not point the weapon at any one;
witness took the pistol from Mulvey, and
his hand got hurt in doing so. James
Cusick, policeman, saw Mulvey before
the disturbance occurred; Mulvey said
he would have satisfaction out Of Gearin
this. witness understood, to refer to
difficulty he had about some man Gearin
had in Jail; he said he was going to
Gearin's house about it; he said nothing
about any money he had given Gearin,
but appeared to be excited about his
having had wrong man put in Jail.
Michael Kelley testified that he heard
Mulvey say that he was going to whip
Gearin, the s-n of b--h, meaning
Gearn; be said he was going to his
house; this was by the Adams street
stationhouse he went away in hack,
and ordered the driver to take him to
Gearin's house. James Gallagher was
present when Mulvey was lying on his
bed, knowing he was about to die, he re-
ferred to his being shot excitedly, and
when some one said Gearin was arrested
he said, "The s--n of b-h, if l had
only shot him" The testimony of this
witness was decided to be irrelevant
Thomas Gearn had a conversation with
Muvey, and said to him, "You must
have patience; you know Gearin is pas
sionate when drunk, but a clever fellow
when sober" to which Mulvey assented.
Walter Joyce explained the proceedings
in connection with the case at Squire
Moore office, and the delivery Of check
to Gearin to forego the prosecution of
that case, and Mulvey anger at Gearin's
refusal to return the check when the
magistrate decided that the matter could
not be settled by money. J. Brown cor
roborated TIE statement as to Mulvey 8
indignation against Gearin he told this
witness that Gearin called him a liar,
and he would whip him. The case was
submitted to the jury, who reported that
they we're unable to agree about eleven
o'clock last night They reported to the
same effect this morning, when Judge
Huater informed them that they could
retire until they agreed upon a verdict.