The New York herald., 1868-06-28
COURT or APPEALS.
Maurice Lanergan, the Murderer Of Della
Lanergan-A New Trial Ordered.

Maurice Lanergan, the Murderer Of Della
Lanergan-A New Trial Ordered.
The Court OF Appeals, which has just closed its
labors for the term, has rendered a decision in the
case of Maurice Lanergan, the wife murderer. The
Court reversed the judgment and ordered new
trial. The time that has elapsed since the trial of
Lanergan and the final review and decision of the
case by the Court OF Appeals has been great
nearly year-that the facts of the tragedy have
almost perhaps, been forgotten by the public
Lanergan was tried at the June term of the Court
OF General Sessions, 1867, upon indictment for the
murder Of his wife on the 26th OF March, 1867 at
Washington street. in this city. District Attorney
Oakley Hall appeared upon behalf of the people and
William f. Knitting and Charles s. Spencer con-
Quoted the defence OF the accused. The facts as
brought out on the trial showed that the prisoner and
tenement house in the First ward Of the city; that
the prisoner was man OF very Incorporate habits
and lived upon bad terms with his wife, who was
also addicted to intemperance. 1t was alleged that
upon the 2eh OF March, 1867 the prisoner swOre that
he would kill his wife, and upon the afternoon Of the
She was last seen alive about six O'Clock in the even
ing, and 81 about ten O'Clock OF the night per-
upon going home found Lanergan's door
locked. He got key, unlocked the door, and found
the dead body OF Lanergans wife lying upon the bed
the body Of the deceased q number of
inoised wounds were found, as well as a wound on
the head. apparently made with blunt instrument
The body presented the appearance Of having been
badly beaten; blood found on the wall as well as
broken broom handle was found In the ROOM Lam.
ergan was arrested In drinking shop In the imme
date vicinity OF the occurrence, and fully Com
mtted by the Coroner TO answer the charge Of mur-
der The trial lasted nearly week, resulting con-
vction Of murder In the nrst degree whereupOn Re-
corder Hackett sentenced him TO be executed upon
the eth day OF August 1857 the day upon which Jer.
ry OBrien who was convicted Of the murder OF Kate
Smith, was executed. During the trial number OF
exceptions were TAKEN upon which Mr.. Kintzing,
counsel for Lanergan, made application to
the Supreme Court for the allowance of O
writ Of error and stay Of execution which was
subsequently granted. The case was first reviewed
by the supreme Court last December and new trial
was refused after which another writ OF error was
sued out from the Court Of Appeals where IL was
argued last April and the decision announced at the
present term In favor OF Lanergan. Since the CON-
mission OF the murder Lanergan has been confined
In the City Prison, under the charge of Warden Cou
ter, and has now been one year under sentence OF
death. His conduct during his confinement Is said
TO have been good, in consequence OF which he has
made many friends The action OF the Court OF Ap-
peals was made known yesterday morning when Mr..
KNITTING repaired to the prison to communicate the
fact to the prisoner. Upon the announcement Of the
fact Lanergan shed tears and 1t a few moments
before he was sufficiently composed TO thank his
counsel for his labors In mis- behalf This il the
second wife murder case In which Mr. KntZing has
secured reversal OF judgment in the Court Of
Appeals.