The New York herald., 1869-06-18

MI. bNttS asheu INc DlStTlCb AUOruSV " ne WOni1
press for the conviction of Muller, ami he replied
not out he thought ms ought 20 10 the Jury.
The case, however, was very weak against him.
Judge Barnard-l do not feel Justified In saying
that ~ Is case tnat the Jury should not pass ON.
The testimony for the defence here closed.
Mr.. Townsend and MIR. Bates then summed up on
behalf OF the prisoners.
The District Attorney having summed up on the
part OF the people, Judge Barnard then charged the
jury, who retired aud shortly returned into court
" lth a verdict OF murder IN the second degree
against Burns and Lowden. and acquitted Muller.
In the case Of Muivey the Judge ortiered ROrie
Drosequ, 20 be entered and directed both him aud
Muller TO be returned 10 the prison 90 serve out
their terms.
Burns and Lowden were then directed TO stand
up, and were each sentenced to ten years imprson-
Inent after the expiration OF tner present t.rins.
THE vERPLASK's POINT CHILD MURDER.
Patrick White, q man OF aoou' ffty years, and a
labUfer by occupation, was next placed nj the bar,
charged with the murder OF his little stepdaughter
aged about seven years, at Nerp,anks Point, on the
night Of the 29tn oil March last, by perforalng her
right temple with the end OF piece Of iron which had
been IN use IN q brick mould.
At nalf-past two O'Clock the District Attorney
opened the oose to the jury.
William Orne, exain'nei by the District Attorney,
testiAed-I reside at verplank's Point; know the
prisoner and has family; knew Mary Jane DuQanne,
the li.te giri that was Killed; on Easter sunday
evening. between eight ana nine O'Clock, / was
standing at Whites Kitchen when THIS Thing oc-
curred Mary Jane was standing by Lac at the door;
! heard Mrs White ha.looing .'murder.r and looked
and saw the poker in the chiid's head; White was
sitting then M the rocking chair
CrOssexamned by Mr. Larkin-Tne piece OF iron
child's head: do not see anybody hrow it; have
known White five years. he Is peaceable man and
works IN the brcgyard.
Leba Apt examined by the District Attorney
Heard muss at Whites and went there and caught
hm by the meek and asked him what he ht the
little girl for; "Nell ~ ~ done nOw,n SAYS he 'and
can't help it;i the little girl halloOing, ''Iap
IL killing mc;' young man named John Murray
took the poker out of her head; the little girl died
afterwards
Cross-examined by SIR. Larkin-I saw the little
girl go OF errands afterwards TO the store.
JOhn Murray examined BY the District Attorney
| saw a little girl coming towards me and she hal.
l0oed "lim kIied--l'm kilied' and saw piece OF
iron hanging out OF her rght temple, and pulled II
| ouE
| Mrs Antonia Klugg next examined by the
Dlstrct Attorney and testified 10 the condition m
which she found the child; she hau three on four ts
that night alter she struck by her stepfather;
hye on SIX weeks afterwards she died.
Dr. Curtis Chapman was next examined and tes
titled that ne assis ed In making post-mortem X
| animation on Mary Jane Duganne on the 18th ot
| May; portion OF the inner table OF the frontal
OF the brain; believe death occurred from the In
| jury she received.
Mr.. Larkin then examined Dr. ]. l.. Tilden for the
| defence-IIe testiien that death would not Deces
| sarily result from such a wound.
Patrick White examined on his own behalf-f was
out fishing and came home In the evening and was
rakinq the FIRE with the iron and some Of the chl
dfen were making noise, and Just raised up my
hand suddenly and the iron flew out OF my fingers
| and struck the little one In the head as she was
runIng around the floors the child had the measles
| when this happened.
] Ellen White. an intelligent girl and stcpdaughteI