The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-09
RADDY, THE BLACKSMITH.
Trial Of william Marley, Charged with
RObbery-Tcstlmony for the Prose.
cuti0n and the Defence-Acquit.
tal Of the BLACKSMITH"
COURT OF GENERAL SESSIONS.
Before Recorder Uackett.


and, after considerable delay, the requisite number
OF impartial jurymen was obtained. Assistant Dis-
trict Attorney Hutchings opened the case for the
prosecution. After defining the crime OF robbery he
gave brief statement OF what he expected to prove
against the accused.
Lawrence Graham, sworn and examined by Mr..
Hutchngs testihed--I am resident OF Hudson
city, NJ j.; came to New York In the afternoon or
the Goth OF March for the purpose of purchasing ale
caled at several brewers ana at abont eight O'Clock
in the evening met man, whose name after
wards learned was Brennan, IN the Bowery; | never
knew him before; he said, "Dont you reside in New
JerseyY' he appeared 10 be simple ED man; sail,
eyes, and he said, 81 reside In Jersey too, and
will go home with you; l live in Pavonia
avenues" we walked down the Bowery and
took O glass OF lager; he then said that he had
q friend In Mulberry street, and that II
went to see him we would all go home together:
he took me into two or three places, and finally we
went TO var.ey's pace Brennan said that there was
a boy In there attending bar and asked me to walt
TILL he came out; did SO, ana shortly after he went
into the place he came to the head OF the steps ana
beckoned 10 me- ! went with Brennan into yariey's
place, No. Chatham square. and saw five or six
men standing near the bar; Brennan called for
drinks for all hands; l looked around and did not
ike the looks OF the place but thought IL would be
ungentlemanly to go out and called for drinks for
the party; game OF cards was proposed and ]
played the game OF fortyGve was preparing to go
out when Marley talked 10 Brennan; he Varley) put
his baud my breast and said, ~ understand you
got drink here ana did not pay for ti' told him
had but one drink and paid for IT.; he said did
not pay for it, and finally, did not want to con-
tend with him, pulled out a two dollar bill
from the roll Of $500 and put IL on the bar;
the boy handed me back twenty cents, ana
went TO 80 outs one OF the parties lSmiih) stood
with his back against the door ana as put my
over and put his hand by my shirt collar, pushed
me around, jostied me around little and struck me
with his loot out not very violently; he scratched
me in the neck; the other man came and put his
hands around Inc Uenlnd, while another man (who
believe is the unknown man, tore my pants and
took the money out; the unknown man made rush
to get out, when Varey followed ana caught hold
OF MIN and brought him back; Howard anu smith
behind (thc unknown man, Brennan anu varley
were benindl "Put him Out OF the way; dead men
and at tne same Time saw HIM take pitcher and
hit the unknown man with u on the head
shoulders Ter the door was openel, got out ana nal
me Consisted OF ifties twentes and some smaller
bills.
pue about game OF cards, but no ASSAULT; no one
took the money but the unknown man; saw Var
ley strive TO strike the unknown man WIN pitcher,
and understand the olner parties did not ant
let me out; Brennan ana Howard were tried and
con vlcted Ill this court OF the robbery.
Mr.. Howe then read the snbjolued letter which
Graham wrote 10 Marley when he NarieS) was in
the IOInuS:-
MT ssna y9Ss my @ and "a Ss
'"s'' A'"' A'lN va" = "'''' LATKAkcE GRAHAM.
Graham stated further that after the occurrence
he seized by the hair Of the head respectable citl-
zen named Gaiety and accused MIN OF the robbery
but Immediately saw his mistake; there were some
lady waters ct the saloon he visited IN the Bowery;
don't know whether Varey Is implicated IN the
robbery or not that Is for the Judge and jury to
| decide.
Mr. uutchings offered to read the stcnographcr's
copy Of the testimony taken on tie trial OF Howard
and Brennan Tor the purpose OF refreshing Grahams
memory as TO certain Important facts ne swore 10
/ at that Time.
| MIR. Howe objected to such an Illegal procedure.
Ills honor declined 10 permit the testimony TO be
! read, believing That 1t was iinmaterlai.
Oncer John Waterman, sworn aud examined,
testified that he was DUTY on tue morning oil the
25th OF Aarcn In Catharne street, anu heard the
cry or watch and police; he towards East froad-
way. ana saw a crowd OF men standing In front OF
No. Chatham square; Graham was there. ana
officer entered tue saloon and, with the assistance
OF officers, the whole OF the party arrested
aud taken TO the station house, along Win the COM
plainant.
Brennan down: officer Mullaly nad varleY.
Mr.. Hutchings stated that was the case for the
prosecution.
MIR. lowe then opened the case for the defence,
and called Thomas j. Carr who said he was SER
geant Of the Fourth precinct police; that on the
night OF the 10Th or the morning OF the 20th of March
Graham, the complainant, was brought to the sta
ton house, ana the following entry made on the
| botter:-"Lawrence Graham, HUDSON City, thirty
I'VE years o. aSe, LIQUORS; ln.oSiGa,oa. soan ;.
Graham was detained as prisoner, and was dis
charged in the morning b. Justice Hogan fhe Ser
geant stated That Grahams appearance indicated
that he was Intoxicated.
Francis Biug, VINO resided at ~ Ridge street.
stated that he was in company wIth M EC1g. who
went bali for Grlnam's Appearance as witness; he
heard Graham talk repeatedly about tie case: at one
time lie SAID Marley was Innocent ana al another
tine that he was guilty; this was over two months
ago. al MS own house IN Hudson CITY; work Tor the
Corporations; never spoke TO karley IN ny lie and
a IA
Francis begg, sworn and examined, testified that
he went BAH Tor Grahsm's appearance as witness
for the prosecutions he knew his family Ia the Old
Country; his iather's name was Larry 1arahan.
Thomas Marley, the brother of the accused, testl-
fed-I was attending bar at my brothers saloon,
No. 7 Chatham square, on tue nlgnt OF the ceclr-
ence; Graham came IN aiter one O'CLOCK very drunk,
accompanied by Brennan and man named
Shcehan, VINO was called the unknown man they
went to Table and played losty-ilysS ana nsd
four glasses OF ale Howard having Ion sor
twenty-five ceats game; Granam lost hall
dollar got up from the tab AMI treated inc SIX or
two dollars which ne owed me; he put ais nand In
ms pocket and said. IL have been toobei3' asked
him. "Who robbed youfn and he ssid II don't know
who robbed mes he (Grahaml wanted to 20 out OF
the house, and Shcehan held nim by the collar and
pulled him back Smith stood at the door and said,
'You cannot go out until you pay for my drink;'i
Marley WINS not IN the house at this dime. but he
came down about two O'Clock with Ar. Murphy;
Sheehan aaG Brennan ran out OF the house, and VAR
ley dragged them back: told hun tne prsOnerl that
Graham owed me two dollars Tor drIigs, ana says
he was robbed; ''Why don't you pay Tor these
drinks W said Varley TO Graham, taxing MIN by the
collar; he sad, 81 nave not got any money; have
been roll oed, and cannot say who robbed - VAR
ley asked Brennan and Sheenan II thoy sook this
mans money! Sheehan said that he took seven dol
lars; varey tnen took the PITCHER OF the bar and hit
him on the head; Graham ran out OF the mouse and
Sheehan after him; Bre1nan ran out Of the other
door aud Marley ran after him and Drought him
back; Brennan told me that the unknown mans
name w9s Sheehau.
Cross examfncd--My brother aud Mr.. Murphy
came In together; he was policeman but he now
keeps liquor store IN the Seventh wardi did not
see Marley kick Grahan there IS dent IN the metal
compositlon pitcher which Marley struck Sheehau
with; Graham came back with officer Waterman to
the saloon aud told MIN TO arrest Howard md Smith
aud q sixth ward oilcer who followed them recog.
nizing Brennau, Graham told him 90 arrest htfn
also: Marley weat out afterwards but no policeman
laid hands him; the first heard OF my brothers.
TINT ne Maa lncknl nm I'm Inn silIinn