The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-01
THE WEEHAWKEN NURDBR.
Conclusion OF the Trial Of Cum
ningham.
THE CASE GIVEN TO THE JURY.
TWENTY YEARS IN STATE PRISON"

Inc trldi ol cunningham LOT the muTueT
OF Anthony McDonouRh was resumed yesterday
morning at Jersey City. The majority OF those in
court were quarrymen, and every face wore ser-
trial the officers who nave the custody OF the
prisoner took the precauton 10 place handcuns
upon him while removing him 10 and from the court
ROOM By an order or the Court no person was al
lowed to leave till the prisoner was safely lodged
in the jail. Not u symptom OF sadness or remorse
was exhibited by Cunningham, even when the kuife
which cut the thread Of McDonough's existence was
exhibited. He sat in an erect position, facing the
jury, and occasionally directing glance at his
friends IN court He Is
DoGGED STUBBORN AND DEFIANT,
with most repulsve expression. A tall, heavy
well knit frame thick neck which displays the pre-
dominance OF the animal propensities in the pos
terror region OF the head; high cheek bones, nose
somewhat approaching the pug order, large
mouth, made larger by plugs OF tobacco which he
keeps constantly twisting In 1t; cosely-cropped
mustacne, which neither soiens the expression nor
improves the outlines one eye defective and dis
placed-all contribute to make up an antagonist
whom no man would Ike 10 encounter in a lonely
locality. The appearance Of Mrs. McDonouGh the
widow OF the murdered man, on the witness stand
produced
PROFOUND SENSATION IN COURT
The poor woman seemed to be completely broken
down from grief and from her efforts to fight the
battle of life that she is deprived Of ali succor.
During the nine days OF agony which elapsed be.
tween the stabbing ana the death Of her husband
she stranger to natures sweet restorer, save
when she lapsed into momentary slumbers. She
hoped against hope for his recovery till the eighth
day, when the dying husband motioned her TO his
bedside and, pressing her hand In his, gasped OUT
..aARY, / AN. SORRY TO LEAVE YOU, But I'M
DYIEG.n
These were poor McDonough's last words When
the bereaved woman passed from the witness stand
counsel Tor he prisoner began TO realize how ardu
GUS was the task before them.
The first witness called up yesterday was 0fficer
William Wright OF the Hoboken police who testi-
fed-I was sent with officers Henry and Evener 10
arrest Cunningham; Cunningham wanted to know
.who the he'll wasp told him was an officer and
came to arrest him; We had a clinch, when Mr..
clark and Onicer Henry came in, and we put the
handouts on him: In going down IN the cars he
attempted to take Jackknife out OF has pocket,
when we disarmed him; that Is the knife look
from him; (nere pOcket-knie, with a snarp-pointed
blade TWO and a half inches in length, was pre-
sented asked him If that was the knife he did the
cutting with, and he SAID he thought not; there was
blood on H.
jeremiah O'Leary examined-l went INFO Mrs
SullIvan's house about seven o'clock in the evening
OF the 25th OF March: Cunningham came in While
we were playing cards; he asked, :" Has any OF you
gentlemen knife to lend me ~ / said had an Old
toad stcker he could have: lent II 10 him and he
started OUT started after him ana told MIN II was
the only one had and wanted to use 1t; he went
right along when came back and said / would get
1t up at the quarry the next day; had had the
knife only week and cannot swear positively to 1t.
The prisoner here interrupted ana said ''ThaIs
not the knife at all; IL was knife with small
blade TO it.n
wltness-Mrs. Eagan came IN ten or fifteen
minutes after and said Mike ana Anthony are
stabbed; went up ana helped TO get Eagan nome;
! went for DR.. Chabert; he got there about two
acquainted WIKI cunningham, but Knew him
10y sight; nave not seen him from that time until
now.
To q Juror-when Cunningham asked for the
knife he spoke III voice loud enough for any one in
the room 10 hear.
Dr. Cnabert testified-I was called to see Anthony
McDonouCh about nine O'Clock on the evening or
the 18th OF March: he had stab in the left groin
and there were about Two feet OF nteStineS pro-
trudng from the cut. ana there was cut in the in
testiDes; the cut IN the abdomen was about three
stitched up the cut in the intestines, replaced them
and stitched up the wound, we continued our
attendance untll ms Geain' ON ane 30 o. App ne
not more than three per cent OF cases recover from
wounds in the intestlnes; should say the wound
was made by sharp instrument and was about
two inches in depth; the knife (shown) would have
made such a wound: saw Coroner VOllhardt at Nc
Donough's on the day before his death take an ante
mortem deposition: three DAYS before his death we
told McDonougn that II was impossible for HIM 10
live; think ne said,
vomiting set In on the morning OF the lst, and he
continued TO vomit until his death; We did not tell
him there was any chance for him after the lst OF
April; DR.. Condor and myself told the Coroner the
man would die; the Coroner then swore the man: i
considered him dying man. ! considered his
chances Of recovery about one In five hundred.
Daniel Philips testified that the knife was bor
rowed of 0'Leary by Cunningham, and that ten
minutes afterward McDonough was stabbed.
John Cunningham, a lad ten years old, and son Of
the prisoner was called Tor the defence In reply
AMI a kyas All fO al
THE PRISONER BECAME EXCITED
and said, III don't want that boy TO be sworn: he
that book, Johnny" Ills counsel in vain tried 10
persuade him To consent 10 tho boys taxing the
stand, and the Lac was removed.
Mr.. Leon ADoett then and summed up for
the defence He first urged that tneiSilling was not
premedltated; second that 1t was In sef-derence;
third, that the knife used was not deadly weapon;
fourth, that the stabbing was inflicted In the heat OF
psssion and lastly, he appealed 10 the jury for
mercy to the prisoner. For two hours and a half
the echoes of tue coansels earnest appeals could be
heard outside the building, even by the inmates In
the jail. There was a disposition among The spec.
fators TO applaud when counsel Closed nut the gavel
OF the Court fell suddenly.
District Attorney Garretson replied for the State
after which Judge Bede charged the jury
Tue case was given 10 The Jury about half.past
eight O'Clock anu thew retired, but up to late hour
there was no prospect OF an agreement.
At hall-past ten O'Clock the lnry came into court
ana requested 10 he charged BY the Court on three
points: nrst a. 10 the words OF the prisoner, III
We don't let me alone Eli rip ye:'' second, what
effect liquor might have In the case: third. To draw
tho line between murder In the first degree and
murder IN the second degree.
The Court declined 10 change on the first point,
that being a matter not OF law but Of fact. on the
second point the Court stated that mtoxcation
would not affect the case except II rendered the
prisoner incapable Of forming an INTENTION and in
such q case IL could only mitigate the degree OF
murder. As 10 the thir, point the intention must
have been formed previous 10 the infictlon OF the
blow to render II murder IN The nrst degree The
Jury then retired.
THE VERDICT.
At midnight the jury entered the court, after
being absent tour hours, and rendered verdict OF
murder In the second degree.
Hereupon Mr.. Albeit arose and pleaded for miti-
CATION Of punishment In consideration OF the
wife ana children.
The prisoner was asked what he had to say why
sentence should not be passed upon him, and ne de-
lvered long rambling statement mat he stabbed
the men IN self-defence
Judge Bedle then sentenced hun TO twenty years
at hard labor In the State Prison.