The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-27
TEE HARTMAN MURDER.
Conclusion Of the Trial at Jersey City-The Jy4ry
Out Six Hours and No Verdiot-They IRE
Locked Up Till This Morning.

Out Six Hours and No Verdict-They Pre-
Locked Up Till This Morning.
The trial Of Dennis McGrotty for the murder Of
Robert Hartman, was continue'. IN the Hud SON
County Court at Jersey CITY yeyterday before Judge
Bede.
Amos p. Hilton deposed;-Piartman, on the night
Of his death, was in'tne r.arroom talking to Libby;
AcGrotty entered the hr,tcl and shortly afterwards
he ana Hartman Gayle out together; McGr0tty
struck Hartman. who fell back, and again returns ng
struck at AcGrotty; ne had taken or his coat
at the time; whe'l deceased struck at the prisoner
tho latter gave him q blow which knocked HIM
down; prisoner was going away when Symsns went
after Am andFA scutic ensnea resulting IN the cap
sure OF McsU,tty; heard NO sound from the blow,
but heard q noise nom the collision OF Hartmans
head with tshe sidewalk.
Crosse xamined-w While McGrotty ives sitting be-
Tde HOFFMAN, he exclaimed, ~ had q great many
staEy,s;and would give them all rather than see this
,a9Ilr; Pm very s0rry;n after the blows had been
previously struck by the man on the sidewalk. NC
Grorty SAID, "Let him die;' his head was then
bleeding, and the blood issuing from his mouth and
ear.
Doctor Buck was examined and testned 10 the
state which he found deccased's skuli ana body.
On being cross-examlned he declared that FOR the
fracture OF Hartnan's skull cold water applications
and sitting posture were very inadequate; most OF
the cases OF fracture OF the part OF the skull
proved natal.
Mr.. Kaiser proprietor Of the Lafayette House, tes
uned:-On the "a OF May Hartman was privately
conversing with Frank Libby In the presence OF
George Taylor; McGrotty came up the street and
entered the baFoOm both men went ont, and Ia few
moments l heard Mr.. Symons say "slop, boys, no
fighting here:n Hartman took of his coat and
came into the some one asked him about tn e
anair; he replied ''rhere Is an old grudgc between
us'' and he told me he was sorry 1t had occurred;
Doctor Heating found brass knucklcs Hartmans
pocket
Cross-examlned-I saw no weapon in prisoners
hand tnat night there were no cuts or bruises on
Hartmans rs he lay In the room.
William Rltch having corroborated some OF the
previous testimony, Doctor Avery was called. He
dcposed that when he visited Hartman that night
mis- condition was apOpectic; blood was oozing from
his ear indicating fracture OF the Skull at the base
Of the BRAIN. In his cross examination the Doctor
declared that when there are little hopes OF one y
recovery doctor should not compromise his repu-
tation by endeavoring TO relieve a patient This
ended the testimony for the prosecution.
On behalf OF the prisoner Elizabeth Deckafr was
brought forward, and she deposed-On the day be-
fore the homicide Hartman made threats against
McGrOtty, telling me that he would lick HIM, other
wise McGrotty Should lick him; Hartman In The
same conversation with me said he would take
last day Of April SAW brass knucxles with Hart
man; on the "a OF May told Dennis what Hartman
OF the reply Which Dennis madc); was on fricndy
terms nh both the prisoner and deceased; Hart
nj every evening visited ny house In Which Dcnn.s
boa ded.
Mr. Samuel Edmunson. OF Hoboxen testified to
the good character OF Mcirolty during his lifetime
and Messrs George Sherwood and DeckoH declared
that McGrotty had always been quiet ana peace
able man.
Richard Cook sworn--I saw Dennis McGrotty and
Robert Hartman descending the stairs from the hotel
OIL the evening OF the affair; when they got the
sidewalk Hartman made blow at McGrotty where
upon the latter said, "Wnat do you meanf' Hart
man answered, "By Cd, ! mean BUSINESS;
ygu;', afterwards the prisoner, with Ii 8 LEFT hand
struck Hartmann bought whiskey TO battle McGrot
t,s head which was bleeding.
James Ball deposcd-I saw Robert Hartman with
brass knuckles, saying he would whip McGrUtty,
about three weeks prior to the occurrence.
seen brass knuck!cs with Hartman; he desired to
know what the result woul1 he In case he and Nc
Grotty should come together; he also said that they
&the knucklcs) had been good friend to him.
Mr.. Abbott offered to prove that the "BOb' whom
who endcavored to undermine him in his situation,
but the Court Overiuled tho testimony. Counsel
TOOK exception 10 ne ruling anticipssing the argu.
that the deceased whose name was Bob also, was
the man whom McGrotty intended 70 beat.
william Grady depOSed-rwO hours before the az
fray heard Hartman say that he could ami would
whip McGrotty.
The Attorney General objected, but was overruled
on the ground that Hartman used that expression
shortly before the occurrence.
James Costello testified that the knuckles pro-
duced In court were not the those which
Hartman showed him after the Christmas holidays;
Hartman wanted to know whether McGrotty was
ngtting man, and, on being answered in the mega
him.
he case for the defence rested here and the State
In rebuttal called
Jeremiah Free, whose testimony merely showed
that he had not heard Hartman make violent threats
against the prisoner.
Mr.. Abbott then rose and spoke to evidence for
the defence: He pointed .out to the jury the very
case where man was placed on trial for his life be-
cause he defended himeelr against man who ad
on several occasions openly declared has intention
To assault him. Hartman the deceased. commenced
the struggle and McGrotty was not called upon by
any law to retreat, bus to defend himself. II In the
struggle the consequences were fatal to the agrees
sor the prisoner was not OF any violation or the
der In the lrst degree was q very extraordinary
one for the State to press urGer such circumstances.
in an argument Of great power and eloquence lie
demolished the case made out by the prosecution,
and at the conclusion OF his address there was q
murmur OF applause throughout the court
The Attorney General replied on behalf OF the
State, after which Judge Bedle charged the jury lie
1et that he was bound to express TO the jury his be-
for murder in the first degree. Ii the deceased and
the prisoner went out with previous grudge to
fight on the sidewalk, with the intention OF INJECTING
Rrievous bodily injury on one another then, IN case
death ensued to either, the other one though he had
no nc I'M intent t TO KILL would be guilty OF , murder
Ience done IN quarrel, which had arisen suddenly,
Me surviving party would be guilty OF mansaugl-
ter. At the same time the law does not warrant
man to prepare for fight, kill his antagonist and
then screen himself under the plea of sefdefence.
Mr.. Abbott took exception to the portions Of the
charge In which the Judge stated, first, that intent
to Kill was not necessary to murder IN the second
degree second, that the only question Tor the jury
was the degree OF guilt third, that the facts e the
case did not warrant verdict Of selr.defence.
The case was given TO the Jury at six O'Clock, and
up TO midnight they had not agreed 10 verdict
Ihey were theft locked up I'LL this morning.
A BROOKLYN TRAGEDY.