The New York herald., 1870-02-22

violently; did not hear him say any,nlns i took
throw the prisoner; at that time had not the knife
In his hand; saw Mr.. Klein there; there were two
gentlemen there before came; the prisoner was
quito renzled at the time he was sr0ugh ana violent;
the prisoner said to me- s6how me sight, you
son -. ana can lick your ! consigned the
prisoner prise q az officer: thought the prisoner mao
John scully deposed that be was in the neighbor-
no0d OF No. 92 Hudson street on 2Sth 0f January as
was present during the scufie; witness plckea UP
the knife and gave 1t to an ofrcer; when witness
went into the house Townsend was dead; the scuWe
TO Mr Howe-Tne prisoner had the knife very
ugntly In his grasp; that was few moments alter
tne deceased had been stabbed. witness identlned
PrsOner-l never saw that man before.
w. william walsh was next examined-He stated
Of child; saw Reynolds SO on top OF Townsend; wit
ness told him to get up on him; Townsend OK.
claimed, my God tnat man stabbed me, and don't
KNOW lot what;' witness said, "YOu are stabbed 10
the hearth; the deceased asked was there nobody to
40 ANYTHING for him; he subsequently went down
the steps and the prisoner was HANDED to an ocer;
Townsend died IN about ten minutes afterwards.
Cross-exanlned-When going to the station
stabbed the man and he reoed s1at Townsend
had striven to stab him first; the prisoner acted ike
rough; he seemed to be wild and tried TO get away
from me helped 10 take him to the station house;
he applied opprobrious epltnets to the oicers, to
me, ana to another man; when taken to the station
Reynolds, and that ne born in the United States
the sergeant asked him what his occupation was,
and he said he was thief.
In reply to the District Attorney the witness iden
Peter Klein tosIined that on the night in question
tracted BY cries OF Murders" saw the prisoner and
Townsend scuinng; the prisoner had knife u his
aaand witness subsequently cried out "Police;o tne
the prisoner kept still for moment or TWO ana then
endeavored to run away, but he was arrested; sub
sequenty going into the house witness found that
Mr.. Townsend was dead.
Sergeant Matthew Tuck deposed that on the night
renee; when il was ascertained that Townsend had
been stabbed some people suggested to nanR the
prisoner when ne said, changing s played out In
New f0rk;' he was then conveyed to the station
house.
In reply to Mr.. Howe the witness said that the
the influence OF Quor he looked as n ne wanted TO
escape when at the station house he said he was .
IN rep io TO question as 70 now ne made ms
front OF the desk; he was not SO drunk as to be
liable 10 arrest for at first the prisoner
was very Wild, but when In the station house he be-
| Onlcer Robb stated that he came to the scene Of
the occurrence after the prisoner was held by some
Of the parties present Witness took the knife to the
station house.
Mary Townsend, carrying little boy In her arms
| was next examlned:-My husbands name was Wi
liam Townsend residing AZ 1872 Hudson street; wal
| not at home at the time Of the occurrence; wa
| gone about ten minutes and when l returned my
husband was dead; never saw the prisoner before
the 18th OF January.
/ MT. HOWE ulu not CrO6S-eXdHkuc InlS WlLUcSS.
DR.. Shine testified to having made a post-mOrten
examination OF the body or the deceased on the day
alter the staobng ne found tnat the heart had beer
penetrated In the right ventrcle; there was super
| hcial wound on the neck; the wound 10 the hear
| was the cause OF death.
| This closed the evidence for the prosecution.
TESTIMONY FOR THE DEFENCE
Captain Petty, OF the fifth precinct was then ex
amned by Mr. Howe, and stated that he visited the
prisoner IN the Fifth precinct station house. between
eleven and half-past eleven; he was lying on the
bunk apparently asleep. Witness shook him and
surgeon Hammond was next examined by Mr.
Howe and deposed that he gave special attention tc
ee saay " 81 tn ol s eerSSus @
prisoner twice, the first time on the 9th inst, and
again on sunday last; with reference To the fOrma
ton Of his skull and head ne found the lett frontal
| emnence more depressed than the right; he would
/ call the prisoners mead an unsymmelrical Uranium
ing his opinion as to the character of the works
| Taylor, Rea MOrsley. Truso and others upon cpl
lspsy and the various phases OF insanity the wit
ness went on TO describe epileptc mania and volt
tional insanity. showing that many persons wer
| compelled 10 commit crime without any moav
| whatever while they labored under mental aberra
ton. For instance, the exposure Of knife othe
| Implement OF danger In such q case might excit
family or ri relatives q The sufferer OF tnas diseas
the desire was often stronger TO XIII them than
Tue witness stated that he had been summoned b
| the prosecution. He was subjected to very rigi
and searching examination by Mr.. Howe. who cite
several pertinent extracts the subject OF INSANITY
and elected from DR.. Hammond q lucid explanatio
OF the characteristic features OF the disease abo
Ing under which men unconsciously committe
crimes.
In reply to the District Attorney the witness state
| the result OF his examination or the prisoner.
| found HIM to be a man not much below the ordlnar
! mental capacity OF human beings. There was n
fault with his original condition: his cranium wa
unsymmetrica; the largest circumference OF h,
| head IL twenty three inenes. The measurement wa
exactly the same on both sides, so that the depres
sion on the left side OF the frontal eminence IL com
pensated for Tne prisoner seemed perfectly con
scious Of having done something, and although HI
was man of low Intelligence, he did not believe h
was ab0ring uuder any eplleptic disease the tim
the act was committed.
AT this stage OF the proceedings the case was al
Journed till this morning, at naf-past ten O'Clock.