The New York herald., 1869-04-27

Patrick McCJrmlcR, the young man VINO dleu IN the
New York Hospital from the effects OF stab wounds
OF the abdomen, inflicted by William Nicholson dur
ing quarrel between them In front of premises No.
So Mulberry street. The case has heretofore been
published in the HERALD. subjoined will be found
the most important portions Of the testimony and
the verdict Of the jury
TESTIMONY OF PATRICK MCGOWAN.
Patrick McGowan being duly sworn says-I re-
reside at No. 10 Mulberry street and am a cooper by
trade; myself Patrick Nicholson and Patrick McCor-
mick, the deceased, were standing in front Of No.
SO Mulberry street about twelve O'Clock on the night
of Wednesday, the 2lst OF April, 1869 one of Them
proposed think Patrick Nicholson, that we should
go in the soda water saloon kept by Patrick Cullen,
TO play game Of "bluf;" when we all went in one
of the party proposed to play game at euchre; the
deceased refused to play, as he did not understand
the game; the proprietor said was too late to begin
to play; Patrick Nicholson and the deceased sat
down to play a game Of euchre, when Mr. Cullen
again said that it was too late and they had better
go home; the accused, who was sitting on bench
opposite the table, asked whether ne would join
in a game Of bluff; he answered that he would; some
one of the party asked me If l would play, when
/ replied that 1 would not; at this time
the cards were on the table; 1 was
sitting near the table reading the HERALD;
shortly after dropped the paper and looked on
the game; after a few deals they went the lowest
hand for drink; william Nicholson, the prisoner,
lost and they had drinks; they went on playing, and
some time sney asan went LOT une S,n
again; at this time the prisoner mad lost nearly all
the money he had; he then asked his brother to put
up his point IN the game, and he did so and lost
that also; then Patrick Nicholson told his brother
prisoner that he had better out OF the game
SO the prisoner dropped out or the game and
went to Patrick Cullen, VINO was at the
bar, and borrowed some money from him; the pri-
soner then came back, aud, placing pile Of pennies
played on, and again went the worst hand for
he9 e ae or seer sey pyed
and by this time the prisoner was winning;
a short time after they again played for the
time: the proprietor brought the drinks and the
prisoner paid him, when they began another hand;
bet " a little more; William Nicholson said he
would go half dollar bette better; deceased
the prisoner said his word was worth half dollar;
| Mccormick said ''NO want to see the money up;'
take the Dot the deceased did so the deceased
| asked II he could not borrow the money OF his
brother or Cs one else the sS red
ceased took the money; they then went on playing
again. the deceased dealing the cards, and Patrick
think. bet tel ten &c cents higher: Patrick Nicholson
stayed out OF the game, and the prisoner said he
would 60 dollar better; the deceased found fault
because dollar not the table; the prisoner
told the deceased he could take It, and stayed out OF
the game; they again went the worst hand for the
drinks and the deceased lost he paid the proprietor
(CuIenj for this and the previous round OF drinks:
ey ost on oS bs te s % e
prisoner. lost all his money and stayed out OF the
game, so Patrick Nicholson played alone; they
played q few hands peaceablv, when In one game it
would cost Patrick Nicholson sixteen cents to see
his opponent; Nicholson had lost nearly all
said he would make all the rest good; deceased OBJ
iected, saying he would like to see him put the
said he would ike the money
put up; Patrick Nicholson then asked Cullen for
money, who refused saying that ne never lent any
money to parties who were playing, so William
Nicholson who was sitting by, said to the deceased
'.You are playing sucking game;' deceased said he
did mott the prisoner replied that he did. and that be
played it on him hand two before; the prisoner
Jumped OF the bench In passion and asked McCulen
to lend MN quartet Win Tue ~ t teSfk acf 81 n, ne was
the prisoner, deceased dropped the cards on the
table and said he would play no more; all parties
then went into the barr0om aud deceased remarked
that 1t had been curious game 10 play the prisoner
then remarked that It was suckers game that no
lied and called each other names; saw prisoner
and deceased attempt TO strike each other anu l
sm o s"y Patrick l0Gs Schosoh t then
outside and while out the prisoner threw
bottle at the deceased; l interlered to prevent
trouble: Patrick Nicholson came In ana SAID
deceased had pitcher In his hands some blows
were exchanged, and l separated them and remon-
strated with them for quarreling; the parties then
went out, but soon came back again. when deceased
said to Patrick Nicholson that ne tried to give him a
black eye because he mad one hnself deceased then
struck his fist on the counter and said 81 VIII pgls
any one OF you;" the prisoner advanced and Ac-
cepted the challenge, and going out on the walk
commenced to spar; trieu TO separate them, but
they clinched, the prisoner hitting deceased on
the hip three or four times; in a few
I'm stabbed" and pulling up his shirt l saw
blood In two places; ofiicer MeGrath then came up,
Nicholson, and asked for the knife; the prisoner
and Patrick Nicholson were slightly under the infu
ence OF liquor when In Cullen's saloon.
OTHER WITNESSES.
Patrick Cullen. keeper OF the place No. 81 Mulberry
street was called and examined, but his testimony
shed no new light on the matter.
Patrick Nicholson. brother to the prisoner deposed
to being IN the saloon on the night IN question,
when q difficulty ensued between his brother
and deceased; the latter took up a large pitcher
and attempted TO strike me. and afterwards he and
cred out "im stabbed" offcer Mccrath then ZEN came
up and arrested the prisoner; do not know who
stabbed deceased no one was near him and my
Edward McGrath, an oficer OF the Sixth precinct,
testined:-About halI.past two O'Clock on the morn
rel part OF No. SO Mulberry street. and going there
saw deceased and McGowan standing In the middle
I asked who did It he and pointed to VIM. Nicholson
who stood by post IN 'front.' Of No. 81 same street;
cut te' deceased % and be said "Yes asked nine me
yo why he ID did ,s T. eaa sna ts ne FspeS that he
with him; that he weighed i7O pounds; then soos
both deceased and prisoner to the station house and
on searching the prisoner found the knife here
the knife with which he cut deceased and he sass
"Yes;' after taking deceased to the hospital stone
pockets. " ms
Dr. Harral. house surgeon OF the New York Hos
pltal, made post-mortem examination OF the
BODY and on opening the abdominal cavity there
were evidences OF extensive peritonitis, caused by
tne WOUNDS received heretofore fully described In
This closed the testimony, and the case being
given 10 the jury, they rendered the following
That the deceased came to his death by traumatic
peritonitts from stab wounds In the abdomen, In
nicted with knife In the hands OF VIM. Nicholson,
April ~, 1859.
The prisoner was then arraigred for examination
lie IL printer by trade ana lives at 40 East Broad
way. In relation TO the charge Nicholson said, 'sl
did 1t In selfdefence" The prisoner was then com
united ~ the tombs to await the action OF TIE Grani
jury