New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-23
THE BAXTER-ST. HOMICIDE
The People agt. Donaldo Maguldo'-in me- ti, on

Tho peonle agt Donaldo Maguldo. Inc tliai
-. nouaIao Maruldo for the killing OF John Rylana, Oh
los, an NJ July in Baxter-st, was commenced yes'oy
tn tsoner,s counsel before pleading, moved TO qua'h
,ha Indictment for informality three grounds hi
ht The character Of the wound inflicted was not sum
cIonv definite az 1t only stated that the deceaseu
~ .truck with knife upon the back Second, tha' 'n'
,nstrument did not the statutory phrase "prehe
tated design" but instead the common law deScrpuo
malice aforethought" and third, that II did not a'o
INV value OF the knife with which the wouhu ".s
alleged TO be inflicted. AL these points were over
rIs6 and the slow process of impannelng jury was
ommanced the counsel for the defense making poin'
M the pationalities Of the Jurors. The lastpuror
obtained at 1918 p M, Judge Barnard announcer ..a
owing 10 the number Of cases pressing Tor tria w. ~
allotted 10 this case was today III It could not 70
,ied over 20 the next day. but In view OF the ~
Of time remaining this term 1t was desraG a much As
ss,5e The case was opened to the jury by the W
Attorney who after calling the attention OF brIey as
chair duty stated the OF the prosecution
follows On the 4th Of July at about p a words Of
and Ryland met in Baxters and after d IN the back
conversation the former slappeo LILO '"'' "
without provOcaton. ...,t,on md
barnard Golden called for the % ~ n be
tween and p M he the deceased ana tns Pb nra
talking witness ala mot h NSc 1 ip Ryand started
away and said to the prisoner 20 aWh ~ h,s left
hand and stabbed Ryand the back as he was nm o
away witness followed tho prisoner ana M an't lose
siSbt Of him. till in Mulberryst officer arrested hm;
Gross exainned-Had worked six months .pt,cu,srlg
friendly; the deceased might have rais ty1se at
@ but did not strike MaS gull Ii, OF hand on his
pocket before stabbed was sure he had not
20 ;Ss sS ss aSo
his hand and he not see IT. deceased Ola nov yen , haS
would Kill 1@ g hs w think the
ceased used the words son OF b. TO the pr,sonei,
the anms to % Rysnd before the
tho deceased had just left his work witness eo ho,nSt
thew were going to fight didn't think he ran across inc
street to them. ,t,ress for thu proseou-
ton and testified that no the occurrence; kyand
was taking with him. and crossed over te Win The
witness foowed him TO where he was taking VIII .lo
prIsoper he witness the deceased BY tho arm YEA
Ing him TO come away the man would XII MN; kann
walked about two steps when the prisoner struch
him with the knife in the back .,,--o,. nj,
At the tlme OF this occurrence, WI.
bonse he did not see Ryland drinking there wtheas
had drinking alo during tho afternoon hrY had
returncdto Rooseve and gone out egan 20 npOI 10
minutes from there they went N aT illness was in
there some time and on coming out met Ryland again
Ryland was not intoxicated then; witness ala not kGow
whether Ryland had had any quarrel that morning ~
land md no then walked TO No. "a Baxerst. walking
slowly they had no quarrel there no "a & ,b rs
minutes neither went In Ryland went at once across
tho street witness did not see Golden W, at a,aiu
crossed the street; witness did not atehpt 70 oeth s
Ryland he was not intoxicated wheh ne ieIt
he crossed tho street M,y sE or . sTy
witness saw Italians at No % BaIterst bnt hot ti ea
he had crossed em for Ryand and one Of them told
him across the street. he looked M ana SAW @ o
tarted then he saw tho prisoner making motons the
prisoner Ry land were making motions as II hpot w.
saw no brandsng Of fists he the prisoner draw bis
knife; then about two yards from nm Ryandd
said The bugger has got kniie Ryland turned round
when he SAID that witness had never palI , dd nor
oneri he looked US thoueh no was VI U"A' "'''0'
SCI pIirect-The knife was drawn Ryland turned
away and II was "a he going away that the taDAh
sprnng on him and stabbed HIM In me baes hare ,ook
ne recess the prosecution called Fred W Hams
who testified the 4th OF July he saw iroi az
| stnTc No % Banfer.st a crowd saw man pull on bis
Coat saw a man stab another followed the man who
| IDENTITY the prisoner a the who stabbed him. ,
CrosseHamned saw neither Golden nor scaaiH mere
aid NOT see RS land till he across the street dd not
see Ryland aud prisoner elher ala not see s one
take Rylaud by the arm; the Sidewalk was tHnh nc
ala see the knife drawn the man VINO was hiou Ia"
| coat on aud cap hat. 49,, ,oo.
Hugh Mooney the officer w.G Srst r and . gsnGoi
tho knife shown tho knife taken from the prisoner
the prIsOner vas brandng the knife as he ran witness
subsequently the deceased; he had Wouha IN tho
| back near the collar bone IA, ....-.,.. +,
9sssion a. 10 SheRer there a ioaa between the
italians aud Irish excluded -
Michael Sullivan called for tho prosecution, testified
that Ne was near the occurrence there were three
RSaad nrhed away and the prisoner drew ne and
ran him and stabbed him In the back the prisoner
ran on and was caught by Officer Mooney the deceased
WAS put on q wagon aud dragged IN the htation-Honse
] Cross-examined-Saw Rylsnd and prisoner standing
face 10 faces they talking together about couple 0f
minutes; the deceased was talking TO the prisoner;
couldn't say whether the knife was drawn be.
talking louder than man talks -, when hen he
Peter Gallagher testified that ho with the last wit
but did not see the stabbng he saw the deceased
lying on the sidewalk. and saw the prisoner run
Dr. Wooster Beach testified 10 his examination OF tho
deceased He found wonnd about an inch Tlde In ne
wound passed in the body and severed the aorta
the cause OF death was hemoThago from the aorta !;
there abTasure on the forehead he should say
Cross.exanined- wound was about ono inch and a
quarter wide: he could not how deep as 1t termin
was fractured 1t might have been fractured by fall
the skull wound Of the aOrta always terminated
fatally, almost instantly IL was more certainly aud
quickly than cutting of the head.
Margaret Dwyer testified that Ryland worked TIL ~
o'clock the day OF his death She him with tie
money after no left her house. about D. m.
Cross-examined-D Deceased was not her nephew; she
she did not swear he was her nephew, . .,,
Dwger after ns ocoek Of the day in question
THIS closed the testimony OF the prosecution At p m
pressed his fear that in the present excited state OF
public feeling, he should not obtain strict evenhanded
frugal saving and expected show, most peace
ful. His friends were few, as he could speak speak
| of carrying knives in fact with their
frugal habits Of cooking for themselves these sheath
holiday going around the city, and standing quietly
aud peaceably with two italian friends near No. q
BaIierst. when two three Irishmen-drunk quarrel.
sOme seeking mschief-approached them One Of these
separated himself from h companions and came across,
had already had difficulty with other Italians and when
| starting. Dragged that no would HEX them Ryland
s4pesemSs to take his ep S only in SaVsdo
Ryland put his hand IN his pocket as draw weapon
lie should give evidence TO show that Ryand, when he