The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-30
THE WEEHAWKEN MURDER
Trial Of Patrick Cunningham for the Murder Of
Anthony McDonough-A Policeman Tam
pers With Juror and il Fined

The trial of Patrick Cunningham for the murder
Of Anthony McDonou0h at weehawken on the 25th
or March last was commenced in the Hudson
County Court OF Oyer and Terminer at Jersey
City, before Judge Bedle, yesterday. The court
room was densely crowded, owing partly
to the excitement created In the county by
the brutal character OF the murder and the desperate
attempt Of the perpetrator take TWO lives at that
time, and partly from the large circle OF SYM
pathizers which the prisoner undoubtedly mas
among the quarrymen at Weehawken anu In Jersey
City.
District Attorney Garretson appeared for the state
and Leon Albeit and A. 3. ClOke for the prisoner.
There was some commotion among the crowd In
court when the prls0ner-a tall, brOadshoudered
FORMIDABLE SPECIMEN OF HUMANITY
wgs brought In and placed inside the railing near
his counsel Everybody was anxious to get a peep
at o man who stands charged with the preparation
OF a murder characterized by brutal lerocity. Their
was good deal oflegal fencing before jury could
be obtained. After the lapse Of three hours
THE PANEL WAS EXHAUSTED
and only eight jurors were qualified. The Court
took recess, and issued an order that III the mean
time sheriff Mount should draw twenty Jurors from
the general panel and If they did not appear he
should select persons from the spectators in court
or others without the court as he might IN his DIS
erection sec fit.
After the recess the requisite number was OBJ
till the Court had to interfere Tor the protection Of
those selected againLt influence and
INTIMIDATION FROM UTsIDERs.
The close and searching scrutiny adopted In tho
Foster case at New York was faithfully initiated.
But mans knowledge Of the case through news
papers did not constitute disqualification, and to
state that they eliminated the ignorant cement-the
men who never formed any opinion. and who never
read q newspaper-from the jury box; SO that the
be The result A man who would swear that he
NEVER READ A NEWSPAPER
would be certain to be set aside In any like this
In Jersey court either account Of self:c
ignorance or because In case OF such notOrety his
Abbott, counsel for the prisoner, stated distinctly
that II Is only In GASES where fixed opinion had
cused such as would require evidence to remove,
that he would insist on his objections to juror re-
serving OF course the right OF pcremptory challenge
!" '''''' Wv TAMpEn1NG WITH THE JURY.
Before the jury list was completed the Court
called on one of the jurors who had been challenged
ana set aside aud asked him II he had been APP
Rhe ms 3 for
surprise with such queston-and then replied IN
the Affirmative Judge Bedle then desired him to point
out the man who approached him, and the juror
pointed to Patrick Harvey who was sitting In court.
This Harvey was among the jurors on the general
Police Commissioners having since appointed him
patrolman In the FIRST preclnct lie was excused
come inside the railing and remarked that 1t looked
very suspicious That ne Harney) should be hanging
arould the court alter being excused from duty as
to the Court, that Harvey used this language to
him, "If you get on this jury
YOU WON'T BE HARD ON CUNNINGHAM,
Will your" or something to that effect. Another
Juror stated that he had heard the conversation
between Harvey and the previous Juror.
upon the stand to qualify whether he had been APP
q the vs
that they were so approached, three directly and
A POLICEMAN IN DISGRACE.
The Court then, addressing Harvey. satd-"Har-
ney, stand up. The Court does not want you here
you are ut 70 be police officer But, OF course, that
| Is matter for
If they can stand 1t the Court can. Remain there
and the Court win dispose OF your case presently
the
Harvey 70 Pax ane Of hffSem dollars for
as IL was expected that the offender would be COM
mitted to jail for contempt THIS practice IT. once
permitted to enter the courts, will undermine the
purity OF the administration OF the law. for which
New Jersey has most enyiable reputation. 1t Is
hoped that the foregoing unpleasant reflection on
the Police Commission Will arrest that junta In Its
reckless careersof appointing most unfit men.
The District Attorney then opened the case reclt-
ing briefly the particulars OF the murder. lie then
called to the witness stand Michael Egan, who test-
fed-I live at the Shades. In the township Of West
HOboKen; recollect the 25th OF March, l knew
Anthony McDouOugh; l saw him that even
Ing, about six O'Clock, at MalleY's sa-
loon. on the Hackensack plank road; there
Knew only McDonough and the bartender; man
named Tuomey, who was IN company with me, went
out or the saloon; McDonougn and l had glass OF
beer each and we started for our homes; on our way
saw three men coming towards us; McDOnOugh
was q few steps IN advance Of me; one OF the three
men stepped up and caught McDonough by the collar
OF the coat; thatman was Patrick Cunningham, whom
the left or McDonough and Cunningham seized me
by the right shoulder; / put my right hand
on his left shoulder and was almost Immediately
thrown to the ground on my back; that was oil
rccolect OF the occurrence just Them cannot say
who threw me down; when arose McDOnOugh was
on the opposite side OF the street; could not say
where Cunningham and hts companions went; 1
we had not gone far when we met Cunningham with
only one OF his companions, whose name, believe,
Is Coyne; McDonough said TO Cunningham, "Ain't
you the man we met while agOy' did not
hear the reply to this; McDOn0ugh told
Cunningham to 20 home and have no quarreling;
think ne called Gun .ingnam 'friend;' hardly mo-
ment had elapsed when McD0n0ugh cried out to me.
suddenly and cunningham rushed on me and
stabbed me in the right side OF the brcast after
was stabbed went into the saloon and asked for
asslstance; the bartender applied q towel to the
wound; during the ARRAY COyne stood still; could
not say what was stabbed with.
The witness was subjected to lengthy cross
examination, after which the Court adjourned till
this morning.