The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-15
SUPREME cousy-cIsculT-pARr !.

fsndan Mr.. Bosworh.
SUPREME y-cIscuIr-PART ..
Liability or Makers Of Commereiai Notes.
bad Faith or Suspicion Bar 20 . Re-
csvery by m Insslvens Holder.
Before Judge Fullerton.
Norman Williams u. Wakz ~ Wosd-Ths plainti4
sued upon note fss $500 made 70 man named Brad
ley By the defendant Bradley subsequently rAusfsusd
the note 70 one Thompson the ,asr was the parry
from whom the psinsin oosainsd the note. and now
bruGs this SUIT for the lace Of and interest from
September l3 1854 70 Of trial. the whole claim
amounting 70 $7lo o. The defence that Brad
and purchase OF soms petroleum stook
and that The plaintiff knew that there suspicious
circsmstances attached 70 H. and should have made In.
quiry regarding good fAn between the payer and
the payee.
The Court ovsruIed this proposition and charged sbs
Jury liza. although Ibo rule had been that where TIE
Course Of business PARTY became possessed Of
wacn had originally been made in bad faith. and
nectco with winch there were suspicious circumstances
but nsd made no inquiry regarding IL, the maker vs.
Dot liable stu under recent decision % the Court Of
had received t alter maturity FOR value, the maker
liable, notwithstanding any suspicious attached the
making OF the note The jury alter being several
hours had not agreed aud they were ordered
a sealed verdict tns morn,ng.
The Mott street Ii.micide--Trlal of Eugene
sullivan, CHARGED win Killing Micanei Far
reli-verdict. "Not Guiity. -
The Of Eugene sullivan, indicted for man.
street. At two O'Clock p. n on the 9th Of y last
was called up yesterday for trial the Court Of
oyer ard Terminer Judge Ingraham presiding. After
the epaneins OF the jury Assistant Distrct Attorney
Cunning Bedford Jr opened the Tor the prose-
cution, As foilows:-
BEDFORD.
Tho prisoner the bar, Eugene sullivan. stands In
Diced for the OF uxhter, being charged
having stabbed Michas Farrell the 9th day Of
May Ast causing instant DEATH sanslaughIer gentle.
men, oilers from murder Ia Que essential -r.cuaT 10
Constitute naiier ."u's .lss % 40 inen ioni killing;
Dlle nssiaugner CONSISTS IN the killing VI no,her In
the heat OF passion without any intent 10 take Me
After you shall heard al tue fats Of this mean-
caoy case. IL y II then bee me your duty calmly and
dspassionztsiy 70 weigh me testimony, and then ths
cspousbilty will dsyoiye you 10 render Of
vericts-mansalghler IN the third fourth de-
verdict wn.cn will entirely exon the prs
from all cupa0ilits IN the transaction. dc nss
deem necessary make . lengthy opening in this
much pre- errng that would gather the facts
they smanae from the lips q Tue w,tness themselves
ed, Mchss Farrell. 1t the Time OF the officially
living WITH tho prisoners wife. that the 9th dag
Of ny last The soner had call nj 126 Mott
In this city, whore ha cred
the deceased, when nigh words passed between tnsm
death Of tue deceased l ali now call my witnesses
aud then the matter Ia your hands, having every
condolences that you WILL 10 th's cass render verdict
founded upon jus.ic..
The nsl witness called for the prosecution was Mary
Woods. who 'lestned that she had apartments Ia l2S
Mott a the lime Of the homicide; between nine
and eleven O'Clock the morning of May the prisoner
there, said TO toll every that mis-
vile was -; thai Fauel had that morning thrown
him gutter, but that no would murder him
before night. Witness also testified that prisoner
SHORTLY afterward lett the house, O'Clock Ia the
afternoon, the witness continued, woman told
| csne. down stairs that there had been fight ~
sai,s, and thai man had been Stabbed went up and
lould deceased lying in the halfway. near the door Of
my room; he groaned once alter saw him. and died;
the prisoner was nos there :. the Time; did not Sc
nlm alter he ie the house 10 the morning; tue %.
ceased lived on The door above At No. l26 Aets
street; she halfway IN which he died was ON the Same
door with my rovm. and he died near my door.
On her cross-exaininstion witness said she knew Mrs
sullivan prisoners wiel she lived with Farrell; wLsa
the prisoner n The house the morning he acted
Brdget Donnsy, who resided No. l26 Mott street
In say last, was the next witness; saw The
prisoner there the morning of May 8; vii
ing; nc no slrsd where vas FarrslIs room, and
toward the door It VAS slammed IN bis lace .na Scssa
inside; tnougnt Ars Sullivan shut IL; deceased
WAS sitting MA tailoring bench ~ the time sewiag
NR Sullivan going around the when prisoner
came stars; prisoner said is Was shame for bic
~e 10 be living with deceased; said also nat shs had
uad eevea children oy nim prisoner; Mrs. sullivan
had lived with deceased three monns witness know-
LEDGE prisoner repeated TINS remark 70 hts wife Nv
ns would have sa,slact.on before night did no. Know
Who prsoner vas; IN the afternoon, about Two oot OK
con,nueal people running down stairs ai.rao.sa
saw tue deceased; he WAS not yet dead ArA Sulivaa
nad jun. taken knife out Of his is. breast As gOs
there prisoner wss not there; dd not him after he
sft hs house n the norniug Farrell died shortly afr
went down stairs.
Eliza Farrell, daughter Of the deceased idsn lied the
man who WAS stabbed being her knew nothing
of The occurrence until ns-pas. three O'Clock the
John Farrell (dsccased's son) sixteen years old aiss
Identified the body his father: knew pothing OF he
oircamslsness attending The uomc,ds nos in sss
40 SO ~ The time Tns witness further testified thas
between ten add oevsn O'Clock the morning OF Nay
. he was coming through hot street. ana when near
hester heard sullivan who Wac In company with three
men. say that he "woud Kill tue busger before nzhts
Nsnt home and told bls father; stayed the house
about ten minutes and then went 70 his work. About
Two before the homicide witness continued The
bows. :.
0icer Cornelius Richardson, OF the Fourteenth pre-
cnct testued 70 having been called The
Mott street where he saw deceased lying in the hallway
dead, did not see prisoner there; Mrs. Sullivan
have In her baud The knife with which deceased had
been stsDoed.
Ihe prosecution here rested the case, when Mr.. An.
thon, Tor the defence that evidence
before the court implcatiug the prisoner uoini
ede A. no one sAw him 10 the house l26 Mott street
wnen tbe siabong Occurred u r. or sfterward; a.
10 sc ne could not be traced 10 the boaso ANY
alter eleven O'Clock 10 the morning Of The 9th, he
hotsin- IN the cass upon ~nicn 70 20 10 The jury
ihe Court a-ked tue prosecution upon wat testimony
u was sought 10 CONVICT Mr. Bradford rsplied-Upon
evidence deceased was living with The prlsoa
ers vile; he would admit, however that The dencs
- 10 tbs actual homicide altogether Giro stant,al
Tsc Court said that the evidence was not OF sc.
Character - would warrant the case beng taken from
Counsel on both sides declining 10 sum M. the Jsar,
charged the jury who retired aud after an absence a.
nv minutes returned verdict Of guilty." and NE
prisoner was discharged
When tile verdict or the jury announced ssversi
Of the audience expressed their appreciation by cappng
their hands Ono OF them whom the Judge had no
ticed by his order brought up and reprimanded.
only saving himself IRON imprisonment for conempi u
court by a,owing that he uever a room be-
FORE aud aid know he doing anything wrong
BY bis manifestation OF approval Of the decision winch
lie jury lad arrived
couaT o. GENERAL ssssllsS
EmpaRnciiiug Of the Grand JnrJ--rbr Park
hank Nuisa nee 10 be Indicted.
Before Judge Russell.
THIS court resumed ns sitting yesterday. His Honor