The New York herald., 1871-01-12
TIE WASHINGTON STREET HOMICIDE,
Hhs Shooting Of Christopher Higgins by
Valentine Reckel.
Trial, Conviction and Sentence Of the Accused
Found Guilty Of Manslaughter In the Third
Degree-Able Defence by Prisoners
Couasei--Eentenced to -Four Years I'm.
prisonmsnt with Hard Labor
Affecting Scene in Court

The trial OF Valentine Reckel, charged with the
murder Of Christopher Higgins by shooting, IN Sep
tember last In front OF BabbItts soap factory, IN
washington street, was commenced yesterday in
tho Court OF Oyer and Terminer, before Judge Car
dOzo, and concluded IN the conviction ol the ac-
cused OF manslaughter In the third degree. All The
circumstances still fresh IN the public mind. II
VIII be remembered that on the 9th o. September.
1870, she deceased and few male and female com.
ranlons assembled In front OF Babbitts warehouse.
where the unfortunate shooting occurred, and
were skyarNlng or enjoying themselves In
some frollcs. The defendant night watchman
on the premises came out and ordered them
70 leave but before many words could have passed,
pistol In the hands Of the prisoner was discharged,
which took fatal effect In the person OF the de-
ceased. For this homicide Reckei, who was most
ably defended by his counsel, Mr.. William F. Howe
vas yesterday put upon his trial.
THE OPENING FOR THE PROSECUTION
District Attorney Garvin opened the case for the
prosecution by stating the facts OF the homicide,
and dwet upon the necessity OF putting stop to
tnis species OF crime. He spoke OF the sympathy
generally felt for the living man. but asked the jury
to think OF She dead man, who was sent before his
God without moments warning.
SRE TEsTIAoHy-nARy A. MARSHALL on THE STAND
Mary Marshall "a girl Of about sixteen years OF
agel testinedoD the 9th OF September, 1870 lived
at No. % Washington street, and was acquainted
with Christopher Higgins, whom met about nine
O'Clock that night under the awning at Babbltt's
eoap factory: Higgins run up and took hold of me
and we began 10 waltz; shortly afterwards the pris
oner came out OF the factory aud asked .Christyn
what he was doing; "Christyn replied he wasn't
doing anything, when the prisoner took ont Of his
pocket revolver and shot "Christy'' dead on the
spot, the shot entering the throat.
(trnc mir nv Agr
pushed accidentally against the door OF the factory
and almost directly the prisoner came out; Higgins
was not my beau, be was only friend Of mine; the
prisoner took the pistol from his pocket and fred
the fatal shot without word OF proyocation; ! TGs
standing close 81 Higgins side when lie was shor.
JOHN ELDERS TESTIMONY
John Elder tesuded-l live at No. 81 Washington
street; about nine O'Clock the night OF the tn OF
September was walking down Washington street
And saw the prisoner out OF the soap factory
and shoot Higgins and then return to the factory
locking the door after him; almost Immediately after
the shot Higgins died; aid not see the pistol but
saw the prisoners hand extended towards Higgins
and then saw The nash.
MARY HAYES TESTIMONY.
Mary Hayes, a one-eyed young lady, testified
On the nigh, In question was near Babb,tl's fac
tory, about nine O'Clock when Jane Shields ran
after me, and We were standing about twenty yards
from the door Of the factory when heard tue report
Of pistol aud found that Higgins was shot dead.
TESTIMONY OF JANE SHIELDS.
Jane Shields, sworn, testlled Il live In Washing.
ton street; the night OF the 9th September saw
Mary Marshal and Higgins waltzing under the avn.
ing Of Babbits soap factory; the prisoner came out
some words ensued between him and Higgins, and
the prisoner putting his hand into his pocket be.
hind, drew forth a pistol and snot Higgins who
Died almost nStantancously,
Cr0ss-examned 10y Mr.. Nowe-There was an inter-
val oil about minuie between the prisoners coming
out and the shooting; 1t was quite dark at The
ume was standing ON the opposite side OF the
street
JOHN oRoGAN's TESTIMONY.
John Crogan testiied-I was near by when the
shot WAS nred; l saw The PRISONER and "Christy
'.Christy" SAID something anu threw away shawl
which he was holding, when the prisoner drew his
pistol and shot Chrl5ty, who died almost imine
iately; was standing eight OF nine feet OF the
NDe.
OFFICER RAMsEY's TESTIMONY.
Robert Ramsey testfed-I am a policeman, be-
longing to the Twentyseventh preCinct Oh the 9TH
OF september. about nine O'Clock In the evening, q
boy came and told me q man was shot, and on going
to the spot Indicated saw the deceased lying on The
4dewalk; got assistance and ihen raped at the
door OF Babptt's factory: tue prisoner opened the
door, and 1 SAID 10 him, "Do you know you have
killed The man - he SAID, II couldn't help IL; knew
sonetnlng was gong 70 happen. ior dleamt that
after me; he then gave me the pistol and arrested
him; asked nim again why he did IL; said The
Cross-eXamned-The prisoner Is q German, but
he spoke SO that could understand him distinctly:
em sure that he said the deceased was always
troubling him.
MARTIN coosEY's TESTIMONY.
Martin Cooney testified that after shooting Higgins
the prisoner stood over the body OF t.e decoased
over three minutes
Dir. SHINES TESTIMONY.
DR.. Shine deposed that the day after the death OF
the deceased he made post mortem examination
and found that the ball passed Though ne throat
and severed the spinal cord: he also testified That
the prisoners shirt collar was scorched by the ra sh
from The pistol; the wound was sufficient 10 cause
Immediate death.
The proseC ution here closed.
.ss.s THE DETESCE--mR. HOWE OPENS
Mr. William I. Howe who conducted TIE cross
skill, ron long experience IL criminal cases, then
proceeded 10 open the case on behalf OF his client,
the unfortunate prisoner al the bar. Counsel did
not, as be promised i'll his openin. remarks, dwell
At any length npon the circumstances surrounding
the shooung II was chance shot IRON the pistol
In the hands of a man anxious Tor the protection Of
his employers property, entrusted TO his hands, and
which, as q laltniu! servant, he was bound 10 pro-
tect, even At the hazard of his own lie rhis Zeal,
or sacrifice 10 duty Il, unfortunately, rare, and
therefore, the prisoner at the bar, in The discharge
of that sacred duty under The ldes that in rrotec
danger, had fired the fatal shot, nc must be held
fuitiess; Counsel however, II conclusion, CON
act OF the deceased himself josting The accused
while lie lie.d the weapon In his hand.
TRE PRISONERS STATEMENT
The prisoner was then called 10 the stand and.
through the interpreter, tesiied that he watcn
Anob ~ oaobibs sOaP HfGu III Wtiltdu--
ourg; had wife and seven children: very
much Giraid oi robbers N the factory, ana on The
night OF September 5, having heard noise at the
door, went ont, aud TWO men were coming towards
him; showed one OF them back; one OF them said
"i don't care FOR YOU ana then showed violently
against him, when the pistol went on OF lis own
sccordi had no Intention vi shooting the deceased
To Judge Garvln--Bs the lnteTprecr-u dave been
IN TINS country twenty-three yealo understand Eng
lish pretty well, but aevet having been In court
fore am afraid that could not lie understood: |
sometimes speak English better ihan Al other times;
had the pistol in my hand wheu came cut: DO not
knew whether or Higgins WAS the taller: an III The
factory all night; there were three inside ~ The
time, they did not go out with me, tli.y Wcfe
working che time and lid not see what occurred
NJ all
TESTIMONY FOR TaK DEFEScE-aESay BEgNoN,s
TESTIMONY.
Henry HeTmon testified: i an foreman a. ac.srs.
Babblps soap factory, which Il situated on Wash
ington street. between Rector END Mnrrar sIneis: