The New York herald., 1869-02-23
NEW YORK CITY.
THE COURTS.
cuusT q oFa AND Tran.Hsa

- W0souco Opcuo0e
Before Judge Barnard.
9he People. &C.. %. Donate Ad0aId0.-Donatf
Nagaldo an Italian. was arragned for trial before
THIS court yesterday upon an Indictment for mur
1sr IN the rst degree The prisoner is charged with
having taken the life OF one John Ryland in Baxter
street. the Fourth OF July last by stabbing him II
the back. The deceased was an irishman and tnf
Homicide was committed about six O'Clock In the
evening.
Magaldo Il : short, square built man. Of about
swcnty-four years Of age and is native Of Italy,
having been born at Marsica in the Basaicao In the
department OF Potenza, State Of Napoli. He
has been about year In this country, and Il
not acquainted with word OF English. His features
are somewhat massive and squarey angled, and
though at distance they might appear coarse and
hard, yet when closely observed, there Is good ma
ture about his Expression mainly due to his bright
nazei eyes ana healthy tinted, though dark, skin.
He wears small black muslache and ais back hair
y neatly brushed and parted. The proceedings
eeeined as IN fact they were perfectly unintcllg
70 hn, and when directed TO rise as the jurors we're
beng sworn, he did not understand aC first the
object Of the order, but afterwards rose mechani-
cnliy. lie was dressed III q blue PcterSham pea
Jacket and wore hghtcoored striped pants and
vest He mas wife and children IN italy, and
park in Brooklyn.
! the court room, for a wonder, was not crowded to
excess, IL during the trial John Real, prob
ably owing to the iacJ that the ronghs the city
were not aware that the trial was in progress.
DiStlcC Attorney UarV1n appeared Tor tile pr0Secu-
tton and Mr.. II ID. Mccarthy lor the defence.
helore The empanel.lng oi jury was commenced
Mr. Mccarthy moved to quash the Indictment, on the
grounds:-krst, tDat the description "by stabbing
with q lniie Ia the back" s too Indefinite and taat
the prisoner Is entitled 10 description OF the wound
DEFINITION Igs Inc crime s % % pfeedisased @ ted y
kil, &C., omitted On the latter point the Dis
trict Attorney claimed that 'smance afcrethoughtn
the common law definition OF the crime, was en-
braced IN the bill and was suhiclen. Mr.. Nc
Carthy conended that the common law was not the
Law under wGIcn The prisoner was being tired. and
tnat the statute must be adhered TO. Tie third Oh
1cl1on was tnaJ the inulcnels did say that the
elSnce was committed with q "kDife OF no yalueu or
uksome particular value as In the old form OF indct-
menE
Xaa objcctlons were ~ oysrruled, ana counsel ex.
the empanenN. 81 Jufora s1as then proceeded
ssxaMinato1 IN regard Their competency and quail
TneS vSaSse e nearly s every s juror Vas the
qaetlg6 ~ 10 whether the TACT Of the prisoner being
"a kal.An and the deceased an Irishman would have
any influence the score OF nationality, one OF the
fDeOries OF the defence being that feud existed Ct
the TIME Of the murder and prior thereto between
where tine homicide was c00lnitteda
Many peculiar incidents arose during the examna-
en 81 r0rs y the o. sner sp rsPes to
whether he had formed any opinion from the report
OF the homicide which he had read in the papers at
that some one was killed p Another gentleman an
fsraellte, alter belng examined py Mr.. McCarlhy,
E & Ss essns y rRa x9Osney y &
pun.snmeSt ana. where fns evidence Vas I suficent
though tne punishment should be death.
Judge Barnard, who evidently doubted the compe-
lln9r, asked him whether il the evidence was not
sumoient 70 convict tile prisoner, he would return
verdict Of mot guilty. and the reply was No. or
course the gentleman was requested 70 step aside.v
In another case, when Juror was being sworn being
"a istaelte, hB psaced his has upon his head. The
were informed by Judge barnard that il any such
unseemly deneanor occurred thereafter some Of the
parties induiging would be punished.
The following named gentlemen Compose the Jury
es A. Diggs, Peter w. Crete. Scott
Foster hshfy Gcischen, Nathan Woricy. Herman Y.
hoops, fheobald Leltsch, Ldward kneale, Edgar M.
Neville Joiu u. Molh Henry Brlnckmann and Chris
Juogc laInard, before the trial was actually COM
meLced by argument or evidence, stated that In
consequence OF the great number OF cases awaiting
vial, he desired II possible to finish the yestcr-
day IL might be- perhaps necessary SIT until late
st night TO do SOL but II 1t could not be finished OF
couisc 1t would have to run over till to-day. He
wished, therefore, that all parties would do their
duly BY cxpediting the trial much as was co.,
Bistent with propriety and justice.
with an able address to the jury, In Which be Claimed
that Inc prosecution would show that In open day
ngnt, on the Fourth OF JAY last the prisoner and
street and as Ryand turned 10 leave, the prisoner
drove knife iLt6 his back. causing instant death.
sea % Ne rsea AZ axer sree anS ana
knew DECEASED; saw the deceased on the Fourth OF
July w1thn u yard or 50 Of the prisoner, about six
O'Clock IN the afternoon; saw John Ryland and
tk6 man talking: heard few words; remember
Nlen kyland this take out MS knife Ky yland
went to go away, aud as he turned be calleo the
prisoner abr; this man then took out ms knife
and followed hin, and stuck the knife down IN Ry-
lano's shoulder on the back; he held the knife in
his left hand; followed the prisoner, and near the
corner or lark and Mulberry streets oflcer Mooney
drew his revolver and arrested him; the prisoner
had the knife 10 his nand then: shouted sMurder.n
Cross-ex xamined--kyland and l worked together
for about six months before that; did not know
hiln ultimately ana was not Trend Of his; to my
ing that time between the irish and Italians OF the
sixth ward; iyan1 was perfectly sober on tnat day;
dofl'i know neither ne had been drinking not on
that day; / had not spoken 70 him; The killing
took pace About twenty yards from my door;
saw tnesa two ncn talking; didn't hear the voice
oi nyland TN went the street: thought they
s"a aop oa NY knIs wnen sood bcse snS S
raw Ryiand nrst crossing the street.: he was coming
down tn street; don'I know whether he was gong
towarus the prisoner or mol; the prisoner the
north side Of the street and Ryland going the
north side OF the street; there wasa young man
gong away with hts arm linked IN kyand's, when
the prisoner followed aud stabbed Ryland; can't
say who began the conyersaion; don't know
whether tue prisoner speaks Engsn; heard the de-
ceased say, 40 away, You o---r;'' there were no
blows struck swear positively the lrsnman didn't
strike him; Ryiand may nave raised his fists, put he
ulun't strike the ltailan don't know whether
the Italian drew MS knife before or after
the lrisnman raised his fists; there were
ms hand IN his pocket during the whole time; 1
never saw the ltaiian before tnat day; don't know
whether deceased had a weapon in his pocket or
not; the prisoner began TO draw the knile or drew
the knife before the deceased turned away, the de-
ceased saw him drawing the knife and made 20 get
away; he was going away from the prisoner when
he Was stabbed: lie was running away; had been
there about minute when the prisoner drow the
knife; can't swear that the deceased didn't dare
che italian 10 fi1nt with him; don't remember; |
didn't hear the deceased say II Will whip YOU, you
son OF q b--h;' heard tho prisoner say something
70 the Irishnan, but diln't understand what ne
said; don't drink at all myself; temperate
man: was temperate on the Fourth OF idly.
efer Scanlan was next sworn and testfed:--I re-
side nc No. 20 North Moore street; saw this occur
renee In Baxter street last Foarth OF July; John ky
land and went UP Baxter street to No. IL. where
ne worked; he went down TO No. % and
was at No. Ia; | then saw Ryand ana the
prisoner speaking and thought there was going
70 be q fight; 1 called Jonn to 20 away with
me, and SAID "Tha.s an Italian, and they ar,
trcacher0us ellOws;' we turned To 20 away and the
prisoner put botn hands on the deceaseds shoulders
bchlnu and stabbed him; IL was long knIic, about
Twelve incncs long; followed the prisoner and saw
him arrested; saw Ryand Drought into the station
house dead, afterwards; Ryland was walking away
end Into the street. of the sidewalk