The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-14
COURT of GENERAL SESSIONS.
Three Alleged Mnrderers Sent 70 the state
Prison-Trial for the Alleged Killing Of Mrs
Lanergnn.

Az tne opening court yeSteruay morning, Ifcc
men, who we're indicted, charged with murder in the
first degree disposed OF before calendar was
| taken up.
The first defendant placed at the bar Charles B.
Manual Mr. Goldey, his counsel spoke few words in
his behalf upon making plea Of manslaughter in the
| third degree
District Attorney Hall said-lf the Court please when
notified in this and in the others that pleas
would be put in this morning, caused OF the officers
to take your Honors Office all the papers in this and
the other cases. with opinion OF the Court Of Appeals
II s perhaps, due to the cause Of public justice that
should state the why il Is that who has
been once convicted Of murder In the first degree and
has been sentenced to capital punishment, should be
allowed to plead guy.tO manslaugher in the third do
gree The removed under the statnte OF 1855,
which compels every conviction for capital offence In
this county different from all other counties In the
STATED be taken to the court for review-arst the
Supreme and second the Court OF Appeals-the statute
reservng all questions Of law and OF somewha
after the English fashion, for the after consideration of
| the upper courts Mr. Hall then quoted from the de-
| cson Of the Court which the Recorder cited in
| fencing Manual
MANuAI-You were convicted in this court of murder
and duly sentenced TO be hung Your counsel served
out writ Of error, and the Supreme Court OF this dis
trc after argument upon the part Of the people and of
counsel IN your behalf have unanimously pronounced
that the facts proven upon your trial did not constitute
the crime Of murder and only indicated manslaughcr
was given and delivered by Mr. Justice Ingraham who
said ~ cannot resist the conclusion from attentive
examination of the evidence, that under any view to be
taken OF the the homicide WAS only one OF killing
the heat OF passion without design 10 effect death by
dangerous weapon, and If was only mansIaugher in
the third degree The opinion Of this able and distn
guisned urst concurred in by both his associates
and PROFESSIONALLY and properly has controlled the
attorney for the people IN accepting your plea Of guilty
upon the trial Of your substantially stated in
the opinion referred to- and prominent among which are
that the homicide occurred upon sudden ARRAY, with
any evidence establishing that you had any pre-
vious acquaintance with the man whom you killed.
due consideration TO the perpexng technical divisions
BY book OF homicide into six degrees. 1t
would appear TO be exceedingly difficult to uphold con-
vicon for murder growing out OF sudden ARRAY be-
strangers. Under the judicial constructions Of
the crime Of murder in this State land which
thoritatve and binding upon this COURT, il must
be evidenced BY proof Of grudse, lying in
wait, threats express malice, and the like.
Your plea has been invited oy the supreme Court and
only remains with me, upon the motion OF the attorney
the people to pass sentence There no fact pre-
fencing you TO the full penalty which the law presribes
for offences Of the grade Of which you now stand con-
and n % ~ sns s ws deem 70 % my
for the period of four years
James Tierney, who was indicted charged with muir
der In the first degree next arragnod and pleaded
guilty manslaughter in the third degree. Mr. John
edgwick, counsel for the prisoner, made eloquent
appeal the court stating number Of extenuang cir
cumstances in mitigation OF punishment.
The Recorder In passing sentence, said:-
TIERNAy-You have boon indicted, charged with
a homicide in having killed one Barnard Barry, on the
23d Of November, 1886. An inqustion was taken by
the Coroner on the succeeding day in view Of the body
of the man whose life was taken By you and testimony
OF all the circumstances attendant upon the hom-
eide The facts established by the recorded evidence,
and which have led the District Attorney TO accept the
plea profered your behalf by counsel show that
while you aud the deceased we're playing cards in bar
room verbal alteration arose between you The de-
ceased placed himself In a menacing attitude and
sought 10 assault you, but present violence was
auen:y asd shortly arsr that verbal alteration
renewed witness asserting that the deceased
assumed a menacing attitude when you shot him. II
has happened within the period OF my admnistra-
that excellent character has been shown OF an
offender has been furnished in your case, all the
Testimonials tending show your character previous
to the offence Of which you stand convicted was
that OF a good, honest, Woodworking man. As view
Judged them Especially in view Of tue legal remarks
just uttered In the Manuel easel mansauehter IN the
third degree To this you have pleaded feel impelled
TO pronounce the full sentence as penalty ana rs an
example. The impulsivc Of weapons must DO rRdy
condemned by the courts and punished to the extent
permitted by the statute You are sentenced 70 the
State prison for four years at hard labor
James Mccartney who was indicted, charged with
murder in the first degree, arragned. BY ad
vice Of his counsel Mr. Knitting who read adavits
showing the good character OF the defendan plea OF
mansauan,er in the third degree was offered and &C &C
WIFE, on the 14th OF May, mt $50 Tenth avenue. HIS
Honor, in sentencing McCanrey, said:-
McCArrREy-You are charged with the homicide OF
your WIFE unfortunately both you and she we're quar-
relsome and confirmed drunkards Quarrels frequently
arose you In of those you admit by your
plea that you took her life. IL 10 somewhat doubtful,
from the evidence that you were conscious Of the fact
10 sasns csppo, believe that iury would be as
fed upon solemn trial Of your case, in finding, under
the decisions which govern this Court higher verdict
than OF the degree TO which you havcpeadcd There 10
nothing in your case which commends TO any mu-
cation Of sentence therefore sentence you to the full
term prescribed by law which is Imprisonment ~ hard
| labor in the State Prison for four years
| Alleged Forgery.
Adolph Esmer was charged with forgery in the third
Degree Ia having was alleged, presented the ID
| inst forged order for two dozen Bamora shoes TO
signed by II. H. Cubocry. He pleaded guilty to forgery
In the fourth degree, and was remanded for sentence
| Alleged Homicide.
Maurice Ianergan was placed on trial, charged with
murder IN the nrst degree the indictment alleging tina,
on the night Of the 10Th Of March he caused the death
his wife q, 1857 Washington street District Attorney
Hall and Assistant District Attorney Bedford conducted
The prosecution and Messrs. Spencer and Knitting APP
pcarsa for the accused There was no delay in empan-
ncIling the jury. After Mr. Hall opened the
Der Of witnesses examined for the people From
the testimony was shown that on the night Of the 10Th
Of March officer was called into the apartments
pied by the accused and his wife, when he her lying
on . bed apparently badly beaten on the head and
MmG A woman informed the officer that she the
prisoners wife, and being asked " he beat her he
piled that he had not beaten her that night but did
last week Marks Of blood were found 70 be on the wall
n they had been made with which the officer
found stained with blood lying alongside the mantel
| piece, also broomssick handle broken In pieces.
Il
ting after the occurrence tesed that he her about
mon with the Coroner the body w1 black and blue
| all over; examining the head; there found
three or four wounds one iacerated and two
or three inclsed, and on the leg several abrasions;
on the lsn shoulder , there was a. wound; on
the head, penetrating 10 the scalp. which could
be made by blunt instrument such ~ an OF piece
OF stick: The wound the head Hangular;
moving the scalp he found cxiravasion OF blood rup-
turc Of the duramaier and good deal Of congestion;
the wound was sufficient 10 produce congestion, and
that produced death shs died from congestion Of she
brain produced by conclusion.
Mrs Hickey, the SISTER Of the deceased, her the
day before the and she had marks OF vio
lence upon hsr few days previous 70 her death the
prisoner hit her twice with broom handle; she had
i been drinking.
John Muliivan, q little bcy, who lived 81 13sk wash-
ingtcp street. sworc that he knew MIRA LansrEan she
lived down stairs have LaneryAn; Aw her on
floor the DAY before she died; prisoner then N
the room; this was about halfpsss Eve o'clock; ~
him raiss up somsthihg and hs her: she vas IN her
chemse and on the HcoT saw him hs her n the back
| ] told my grandmother. Margaret Sullivan.