The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-12
COURT or OYER AND IeRMlRen.
The Seventh Ward Mmrder-Cody Found
Guilty Of Murder in tho second Degree.
Before Judge lugraham

Ihe ~cNeuth ward Murder-COdy Found
Guilty OF Murder in tho second Degree.
Before Judge lngraham.
Tho trial OF Vincent Cody, upon indictment for
murder 10 tho first degree, for the killing of John r.
Livingston, the night OF the 18th Of April 1857 Al
the house No. II jefferson street. yestsr
dag morning, and occupied the attention OF The Couu
during the entire day. he prisoner has manites
great apparent indifference during the whole Of the
ccedinss being engaged IN eating grapes pears. &c.
and conversiug freely with his friends
Upon the opening OF court at The request Of the ninth
juror officer George Refer called, and IN reply
questions OF the Juror that on
gray overcoa with side pockets: he took the pistol
from outside breast pocket left sde deep pocket
Judge stuart said he would make no opening bat
would at ONE cali John McCiusky who, being sworn
Tor the defence, testified follows clerk IN the
CITY Judges Office saw prsonee four or nvo days alter
hs arrest prisoner put his hand through the bars OF hts
cell and showed me puncture IN his hand and told
Il was done ~ struggle for tho pistol
Cross examlned-Cody said, He would have shot me
II I had not him =
Richard sharp sworn-was present; went into Tall
nans twenty minutes 10 twelve; Mr. Marley.
Cody and Livingston WITH me; Alien and others
before. Marley called for round OF drinks; Cody did
the same and We had the drinks then The dice cup
called for; there some words, he a eli ch and
then left. until the difficulty with Allen aud Livingston
all friendly. before went IN Livingston aud
standing the Of Jefferson street aud East
Broadway Marley aud Cody came up aud asked Living
and 10 bave glass of ale, don't know either
OF tho parties: did not before THIS time; wc vent
through the basement door.
Cross-exs,nlned- When the DICE box was used | was
At the iegeraor when Marley called for the dice onx
cant say with whom was conversing cannot recall
me conversation.
Michael Marley being sworn. testined-I at Tall
mans that night with sharp, Livingston and Cody: he
tore that Cody and went to Campbells, played DON'T
and wanted to play morc but Mr. tanphsl de-
cucd went aud heard call ''Mike;'f C1dy came
up; went TO jefferson street and Fast BrcadNay:
met Sharp and deceased Standing the sfcps Cody
and TO the iront door at railinan gaf pulled
the bell two three times; then asked Cody try ~,
he pulled II tso or three tines then went 10 hs
basement; Sharp Livingston aud Taman came down;
which first cans went up stairs; called and
paid Tor round OF drinks; Allen asked Tor the loan
rfa d.,tl EodV led driuk and hon cafu
but asked for the Dice sharp got stuck We drank AID
sharp got stuck again sharp got stuck three times;
got and threw on with Mr. SHARP and he got boat
again; somebody the party said 10 deceased, "you
6ogerng the dice n he said, "You damned losiers'
or language TO thai effect | was urged 10 90 away
Hanson said to me, "look out he will shoot" abiding
70 Livingston; we went out, and Cody, Allen AMI |
vent TO the station house; Cody showed bis hand,
and SAID there was where he was hun 10 trying 10 set
the pistol.
'thats me" aud 90 strike deceased, Cody vas not
arrested before lie got the station house from sir
O'Clock TO twelve O'Clock tia. night had taken three
drinks and Two cigars had Afterwards drinks before
the dice we're produced; ! knew what was doing;
think ! vas sober don't think vas hardly sober
when met officer Whcomb, stil knew what was
Re drect-ofacer whi,comb asked IL ! vas going 10
the station house; repl ed, YES, u lie wished u
ny the JUDGE might have drank while throwing
the dice about three tunes; don't think sx cight
drinks would make me tight
Nv a juror did not SEQ a pistol in Iivluss,ons
hand when Hansen took hold d mo and said look out
he will Shoot
nr wooster Beach. Jr being sworn, testlaed-I am
a physician make post norton examinations for the
,oroners examined tho bldy OF Livngson thcfe were
thtoe Or four scratches and dscOloratSn % the eye
from pistol wonud. other bruises tho
body any considerable violence to tho person would
appear tho person u would not be 10 clear az the
person lived: 10 a dead body vii sho~ discooraIon
BY tire Judge-They might show after death though
they did not before
Crossexamned--The hall entered above the right
passed through abe BRAIN and fractured The sku
u The bruises had been very severe they would have
appeared there ras ono quite bruse caused by
other means than the pistol HIS clothes were not
moved not entirely The shirt separated and torn
TO have good view OF the entire front OF the
body; examined the body twelve hours after death
all the spots from bruises would have appeared three
his sides limbs; will state positively not see the
body below the hips.
George H. Aistn, being sworn, testaed--I saw de-
ceased have pistol about week before his death and
nre II: u pstoi about four i've inches long
can't rscoect particularly or Identify that the one
broug ri thther By attachment he had issued The wit
ness was hers. He submitted the subject TO the
and was willing that the prosecution should call him.
but be did not FEEL willing 10 call him himself snd take
the great responsibility He would accede heartily 10
such suggestion a. the court might make
The Court don't think Allen can be obliged TO tes.
tfy II Ia dangerous thing 70 put A. accused party on
che stand; decline 10 make any order.
Assistant District Attorney Bcdford-N ~ the rule OF
Law that party jointly indicted cannot be used ~
witness for co.defendant la all murder cases where
than indicted, ~ 10, however, MI HAT
PENDANT 10 the END that every facility shall be Afforded
for the Introduction OF evidence n counsel desire 10
avail themselves OF H.
Sergeant George G. abcock recalled by District Attor
pey-l saw Marley about hsfpass twelve o'clock he