The New York herald., 1872-12-11

murder OF Assistant Assessor Edward o. Anderson
was resumed in the Court Of Oyer and Terminer,
Brooklyn, yesterday morning. The court room
was crowded throughout the day.
Previous to the opening OF the regular proceed
ings Mr.. Tracy, OF prisoners counsel said:-It be-
comes my duty TO call the attention OF this Court
to an article which was panied to read in In one
OF the Brooklyn papers last night on the subject OF
this trial. At the close Of the proceedings of yes
terday Your Honor cautioned this jury that they
were not to allow any person to converse with
them on the subject of this trial during the recess
but OF what avail Is such an admonitOn as that
from the Bench to the jury II newspapers
are to be permitted to publish not only what
transpires In the court room in regard to the
trial ito which we have no objection), but inter-
pose In these articles statements which are un-
trne not only untrue in fact, but which are wick.
edly and malictously false. The article which
call attention TO l affirm could have been written
and published for no other purpose except in the
hope OF prcjudcing this jury against this de-
fendant, who is now on trial for his liie In a
cause OF TINS great Importance It seems to me that
administration Of justice from
. SUCH AN OUTRAGE
as that which has been perpetrated upon 1t in the
publication OF this article Not only are the state
ments false, but this article contains q statement
rom a relative OF the deceased which the
a Wrter OF tae article knew could never be intro
uuced IN evidence before this jury, and states ia
the article that he knew it, and because 1t could
not be introduced before jury legally, and because it
could never be permitted to see light this trial. it
is surreptiously published in this newspaper the
hope that some members OF this Jury would read it
the attention OF the Court to this proceedinr~in
the hope that it will take measures OF Its own mo-
tion to preserve the administration OF justice nom
sucn influences as this during the pendency of this
trial hereafter, and give notice, not only to the
writer Of this article, but to the editor OF this
paper that II this offence is repeated I will move
this Court that they be
CoMMlfTED FOR CONTEMPT
OF the Court In publishing sucn articles as this
District Attorney DrittOn-It does not perhaps
become me to say anything upon this subject, but
Will make remark. While it is true, in my
under the circumstances Of the case that any pub.
lication other than the proceedings of the trial
should take place In any newspaper, yet cannot
believe that the fnferences drawn by the learned
counsel are correct. ! cannot believe that the
editor or writer Of this or any other newspaper
desire, to prejudice any one in a case OF this mag.
nltude and Importance to all the parties con-
fernea unite II with the counsel my request that
upon the proceedings until the trial is concluded.
II would be q fair presumption that
THIS JURY WOULD NOT READ ANYTHING
upon this subject after the caution expressed by
the Court. lpresume that none OF the jurors have
read word that the counsel has referred to-
Judge Pratt characterized the publication as
very improper and an unwarranted interference
with the course OF justice. linen are to be tried
at all they should have fair and impartial trial by
jury, and not be tried out OF Court by the news
papers It's
NO NEW THING
in the administration OF Justice While hold
Court, II another instance OF this kind an at
tempt will be made to whether there is any law
y ne o 81
Howell, sister OF the deceased, before the Coroner
last June.
District Attorney Britton then proceeded to
open the case for the people at considerable
length, stating what ne expected to prove by his
ywRRess The charge against pr was Of
dict Of guilty OF murder In the first degree not
guilty. They could see from the nature OF the case
shocked the community. Ifit were proven that he
committed the act OF administering the poison
their verdict must be for murder In the first de-
gree. Mr.. BrittOn spoke OF d.. Irishs social posi-
tion, and said that the prosecution would In no
respect assail his character Independent of the
circumstances OF the present case.
ThE CASE FOR THE PEOPLE.
The first witness was Elijah H. Roy, of 173 Broad
way Il. d., the proprietor OF club room in Fourth
six feet one inch In height and weighed about
two hundred and fifteen pounds; sociabe In his
nature drank ,ns
two or three occasions, that he did not know what
he was about; he drank different kinds OF liquor;
on the day OF his death, April O. mr. Roy called at
his house, 43l Fulton avenue, and saw him lying IN
bed IN great PAIN witness IS said to him Eddie
oh II could only
GET RID OF THAT PAIN!"
he tried to vomit ana purge frequently; DR.. Irish
small powder; the Doctor remained about hall an
hour; at the Doctors suggestion witness got a
small bottle OF wine to give to Anderson. but he
could not say who gave deceased the wine; 1t was
given in spoon from tuinbler at intervals Of
fifteen minutes; Mrs. Anderson gave him some
thing IRON bowl some kind OF a tea, she said,
and Immediately after both the tea ana the wine
was administered Anderson vomited little; wit
u a
effects rom III when witness got home that day
- " ANnrpcOy nan nrpn.
he attended the funeral the third day afterwards;
saw the Doctor there and was told by him that he
1.-THE DOctOr) would like to have an examination OF
the body, but that Mrs. Anderson could not
stand II.
was closely questioned as to how often he had seen
Anderson intoxicated. Mr.. Roy didn't exactly
know what was meant by being intoxicated, but
he wouldn't call man drunk until he was in such
a condition that he did not know what he was
about; man might be
UNDER TaE INFLUENCE OF LIQUOR
and not drunk. Witness was questioned as TO An
derson's vomiting and admitted that he had seve-
raj times seen him vomiting alter drinking ale;
when witness was at the house Anderson, while
complaining OF pam, pointed TO his stomach, and
said, II think this will fetch me;' Mr.. Roy asked
Mrs. Anderson what the matter was, and she said
late, and had come home early on Friday or Satur-
day morning (he died on Tuesday, very drunk.
witness stated to Mr.. Britt0n that AndersOn's vom-
iting not the same after drinking as on the day
OF his death.
WHAT IL INToxIcArIoN9
James Kearney. a liquor dealer at 27l Jay street,
whose place Anderson used to visit, testified that
he never saw him intoxicated.
Mr.. Britt0n asked witness to define what he
meant by being intoxicated.
Witness-A man that amt Mt TO take care OF
himself
O. From the influence OF liquor? A. Yes, sir.
O. You never saw him in that condition. A. NO,
sir
Z O. How often have you seen him approximate TO
that condition during the seven months you knew
him? A. About three times: he was very talka-
tive and you could notice him on the street
Witness was also at Andersons house on the day
OF his death: while a doctor was sent Tor, witness
raised Anderson up In the bed and held him there
until DR.. Thayer arrived and pronounced him dead;
Anderson was In great suffering and While rolling
In bed once exclaimed,
'oH / AN GoNEl"
he died at twenty-five minutes past Ave O'Clock;
Dir. Irish was not there at the time; on the day
be ore his death Anderson was In witness place
ana complained Of being Ill went INTO the yard TO
yOmit; ne took q gin cocktail" that day.
ASDERsoN's LIQUOR BILLS.
Mr.. Morris questioned Kearney as to AndersOn,s