The New York herald., 1869-06-16

The counsei Tor the prisoner are Messrs. j. 8.
Bates, F. Larkin and William r. Robertson.
Considerable time was occupied In endeavoring 10
empanel jury, large number OF the jurymen sum-
m0ned having stated that they had formed opinions
| on the case, and they were therefore challenged
| Several were challenged peremptoriy and some
AT one O'Clock only eleven jurors were empanelIed
to try the and the court took unul two
ordering an additional panel OF twenty TO be sum.
moned in the meantime.
AFTER RECESS.
The panel was completed at twenty-five minutes
to three O'Clock, and the following the names OF
| the jury Robert Knowlton OF Bedford, foreman:
John +. Forshay Jr, Rye; Devoe Treadwell, White
| Johnson White Plains; James II. Romer, White
Plains: Isaac D, Sheldon, Rye; Joseph J. Marralt,
| B. Reynolds, Somers Ichab0d Haines Mount Pleas
| ant and Charles IL. Brown, Bedford.
D,s'nct fS attorney Dykeman then proceeded pr to
He commenced by detailing the outbreak OF the
ycts OF Sing sing Prison on the 1stn OF March last.
escape, and how he cried out on seeing
pistol at him, Charley, for Gods sake don't Shoot
me; for nave surrendered to Captain Storms |" He
hoped the jury would discharge the soiem1 duty lm- M
| posed on them in q becoming manner.
The first witness called for the prosecution was
| Jacob Storms, who testified as fOlOws:-Reside IN
TarrytOwn; remember the occurrence that took
place in my barn on the 18th OF March; about half
past five on that day went down to my barn and
found Mr.. Sullivan, Mr.. Manning and Mr.. Williams
and they wanted to know from me where the prisO-
ners were found; l said did not know anything
about IL; Mr.. Sullivan SAID he saw my boys down
there with TWO prisoners; Sullivan SAID the men
that mad money were lost, and those that mad not
were found; SAID did not know anything about
that Mr. Sullivan said, ''Well, you have spirited
him away;" they said they would watch my house
right round the barn out OF my sight; stepped IN
the barn and said in loud voice. 'If that man is in
the nay orr Sullivan was outside the barn AT this
time; the man came down on the floor by my side;
after minute OF so he stood facing me- ana had his
hands thrown up to show that he unarmed; i'm
medlately saw his face turn palld, and ne cried
out, ''Oh Charley, Charley, for Gods sake don't
shoot me, have surrendered TO Captain Storms;'
turned round tnen and saw Sullivan advancing with
pistol in his hand Sullivan said, .'God d-n you,
will shoot you,'' and he shot MIN in the hip, and
then ran at him and kicked him; O'Nel, the man
that was shot, then cried out my God Charley, this
you have Killed me-" O'NeI had only his nder
drawers and shirt on when he was shot; tney then
put on his gantaloons and made him walk OF; asked
Sullivan where they were gOing and he said they
were going to take that man, dead or alive; asked
them If they were going to look for the other men,
to prison; after Sullivan fired said to him, "For
Gods sake don't murder the man." says he, IT
won't shoot again." O'Neill asked them to get q
wagon to take him down: he said he was shot and
could not walk; they would not get wagon for
him.
Charles Williamson. examined by the District At
torney-l was constable at the time Of this
renee, on the 18th Of March; ! saw two convcts
taken of the train; Mr.. sullivan asked me where
those convicts were from and tolo nm up In Cap
tain Storms barn; and sullivan and Manning then
went the barn; whae first saw O'Nell he was on
the haymow; when O'Nel came down ON the barn
floor do not recolect that he made any remark to
Sulllvan; after Sullivan got in the door he mad
a pistol in his hand did not see the shot fired;
l heard the report OF the pistol and 1t shot
ONeiii; think when Sullivan came in the door
Charley" or something like that; could not say pos
tively what he said; immediately after UNeil tell
sullivan had the pistol in his hand, pointing II at
him; did not see sullivan KICK the convict; the con-
wet sad to sullivan, 'YOu have shot me;'' "Wei'
said sullivan, you deserve 1t for the way you treated
Crait'' observed blood on the convicts lace; 1t
was caused by Kick from Manning, think; as we
were Go,ng aR 70 1ie oarn nearu @ SULLIVAN S LAY tnaS
HO'Nein was armed he would shoot him; ! think
sullivan said, gong up that II he found O'Neil he
would shoot MIN az sight.
DR.. James ", ScI1bner was next examined by the
District Attorney ana testified as to the nature OF
the wound wlllcn caused O'Neil'S death, &c
DR.. Isaac G. Collins testified that he Is physician
Of Sing sing Prison and was on the 18th OF last
March: was there when the convict O'NeLl was
brought back shot: he seemed to be in great bodily
pain ana was vomiting; he kept growing worse and
worse until the sixth day rom the day ne was shot,
when he died; tie cause OF his death was the gun.
shot wound in the abdomen.
The District Attorney here rested the prosecution
OPENING THE DEFENCE
Mr.. J. s. Bates opened the defence and claimed
that there was no murder In the case.
Joshua &. Many was the first witness called and
examined by Mr.. Larkin on the part OF the
prisoner lie testified that he resides In Sing
sing; nave been constable there for tive
years: have several occasions assisted in the
capture OF convicts who escaped from the prison;
was called on by Mr.. Sullivan to assist him in the
capture OF the prisoners who escaped on the 18th OF
March; we received information that two convctS
had been taken AT TarrytOwn; was informed that
the men who escaped from the prison were armed,
and nat Graft, one of the keepers, had been Killed
by them; ana Sullivan and Williamson went to
barn, and went searching around. lThe witness
here went on to detail at length the searches they
had made ior the convicts through the hay mows
&c AS sullivan stepped into the barn was little
behind him, and he said rather roughly TO the
vlct "Give up that pistol, or III shoot you;" the
~ cfnn btl rnf l.1.,s
at the time and made reply; g.
then heard the report OF Sullivans pistos and the
God, Charley, l have got no pistol, don't shoot
again" the convict then said he would 20 with
CaPtan .,ros storms @ & n9t not Win sullivan: sniye9
him; they both rolled on the noor and tnought
the convict was graphing with Sullivan and went
me- ] am shot" | said l did not know he was
shot or | would not kick him; there was
not word spoken by the convict unu alter
he was shot; Sullivan remarked after he shot him
that he did not lire "a low as he Intended, and was
sorry; ON the way to the prison O'Nel SAID he did
not blame sullivan for what he had done; tuat he
blamed himself; Sullivan said to hlm-"fy u had
surrendered never would have shot you"
Charles sullivan the prisoner, was placed upon
the stand and examined by Mr. LurKin as folows:-
I am the defendant ana an officer Of Sing Sing Pri-
the time have been night guard inside the prison;
II has been part OF my duty to assist
March @ Many went ths S
suit OF the convict UNelll: Manys testimony Is
rect IN all respects; when l 1rst saw ONel In the
barn he stood in position with his hand behind hIs
back ana l said TO him, "Drop that pistol you
scoundrel, you:" ONeill did not say anything to
me before shot at him.
Mr. Larkn-witn what intent did you shoot or
that pst0lY
witness-with the intention Of wounding him and
bringing him to subjection; did not shoot ~ him
with the intention of killing him.
Mr. Larkin-lf he had surrendered to you would
you have shot
The District attorney objected.
Judge Barnard--I will permit you to prove that he
aimed low-that he shot ut his feet.
Mr. Larkin-At what part OF his person did you
aim the pstols
witness-At his leg; gave him time enough TO
surrender or TO say that he was not armed; when
shot him he did not fal after shot him he tried to
run out Of the barn. and kept my pistol stl point
ed at him and said ''stop;" he said, .Do not
shoot me agan-Ill 20 % he said then he
had no pistol; when shot at him ! did not know
whether hit hIm or not; he never spoke word To