, 1872-10-23
Conclusion of the Trial Of
Thomas Cullen for
~MuTder.
He is Found Guilty, and Condemn"
ed to Imprisonment
for Life.
Singular Scene Between the
Prisoner and His
Father.

TIE trial of Thomas Cullen, charged with the
murder OF James P. McWilliams, Tas re-
sumed in the Criminal Court yesterday morning
at 10 o'clock. The first witness examined was
Chas. G. Blanchard, who testified to having seen
Cullen display revolver in . saloon on the
night Of the shooting.
TEE TESTIMONY CONTINUED.
James McWiliams father Of the deceased,
testified that the latter died on the 23d Of Sep
tember, and was II yenrs of age.
VIM. Fry testified that he was with Cullen on
the night Of the shooting saw him flourish
revolver !; told him not to shoot; eaw the flash,
and ran away to bed, at his clearinghouse,
No. 40 Monroe street; Cullen came there to go
to bed told him it WAS no place for him he
left next saw him at the police station; tried
to take tile pistol away from him when in the
saloon.
William KeuHick testified to having been
present at the shooting; Doras came running up
and asked for the pistol; don't know whether or
not Cullen gave it to him; SAW the fash, and
n1cYilliams fall, but don't know who fred the
shot.
J. ". Duffy testified that he was with Cullen
on the street at the time Of the shooting; did
not see Doras or Lynch saw Cullen have pis-
tol; saw the fash, and the man fall they ran
away to witness clearinghouse, where Cullen
put on some Of Nitness' clothes. On cross-ex-
animation he stated that he was pretty drunk;
they we're all pretty drunk don't know what be-
came OF Doras; has not seen him since
Ellen Pond, keeper Of the boardlng-ho16e NO.
1876 Clinton street, testified that she saw him
that night at tea time; saw him again about III
or II o'clock he was in his own bed with Doras,
and appeared to be asleep; han an hour ,!9: After
he WAS sick; Doras was taken ont OF bed by the
officers don't know when Cullen. left the
house never saw him have revolver. On
cross-e1aminaHon, witness stated that she saw
Doras leaning over the man who Tas shot, and
CRYING he carried the man to the drug store !;
then be came home aud went to bed Witness
afka it it. vas the e
prosecution objected, and the objection was
Policeman Edmund Miller testified that he
asked him what be had done with his revolver,
and he said he " threw it !" found four cart
ridges in his bed. On croes-e1aminatlon, Mr.
Miller stated that Cullen came up into the room
at No a Monroe street when he Was seech-
ing the house, and when some one Eald
q 'Who is that 2" he went back, and the Coroner
ed him in front Of the house he made no
effort to get away
prosecution
TESTIMONY FOB TIE DEFENCE.
J.. Ii. Burnett, living at No: 141 Clinton street,
was the 6rst witness for the defence. He testi-
led that be was in bed on the night in question
between II and II O'Clock, when he Was aWak-
ened BY noise on the street; got up and looked
out Of the window Eaw four men on the SIDE
walk one OF them had pistol in his hand
heard the shot saw 3 man fall one Of the
party ran to No. l35 Clinton street three men
ian toward Monroe street; was about l60 feet
from the sRot thinks the a. man Who h1Sa the
M Burnett stated that he did not see the man
20 into the house, and is not positive as to the
Find Of clothes he wore, z-,,
John Lynch testified that he vas with cullen,
Fry, and Kerwick early in the evening Of
the affair, in saloon on the corner
OF Madison and Canal streets, where they
played cards and drank for about an hour he
again knows Edward Doras has seen him
have pistol knew Cullen and Fry in Phlla-
delphia.
John +. Cullen. father Of the prisoner, testified
that he resides in Phi1adelphia, and is stone
cutter by trade his son left home six or seven
weeks sgo and went to Chicago; he was al
ways 3 good boy, peaceable and quiet; never
heard Of his quarreling with anybody; he is
about 10 years Of age witness saW ~ the Ch1-
cago papers that his son vas married
The counsel for the prisoner here announced
that he had no more testimony to Offer
ARGUMENT FOR TIE PEOPLE.
The Court took q recess until o'clock, and,
upon renssemblfug, the case for the people vas
argued by George McWiliams, Esq, assisting
the States Attorney IN the prosecution. He
d;sclaimed prejudice against the prisoner, for
whose situation he expressed pity, but main
tained that his connection with the. killing: VAS
clearly proven, though it vas doubtful It any
eye saw the SHOT. b hourishing the pistol at!a
subsequent fight was the strongest evidence OF
guilt. The safety OF the community demanded
that the jury should discharge their duty fear
lessly in this case.
ARGUMENT ron TIE PRISONER
John Mason, Esq, council for the prisoner,
followed in a lengthy argument, IN which ne
labored to show that not q scintilla Of evidence
k@-l 1HeY rvT17fr{ hat
the ehot. He also suggested to the jury that, In
any event, it WAS sworn by nearly all the wit
nesses for both sides that Cullen and his COM
panions were all drunk and that the act. II e9m
of maudlin intoxication, and was devoid OF .
murderous intent. The darkness Of the night,
and the peculiar circumstances of the affair,
rendered it impossible to accurately determine
who fred the shot, and, go long as doubt re-
mained on that point, the jury must give the
prisoner the benefit Of that doubt: The fact
that they ell ran away after the shot was fred
rut Il dor nG s wsshS wsfs terrified 6syend
Control The only significant feature of this
point waa the fact that Doras did not run away,
but eeemingly in order to divert suspicion from
himself, remained behind as one Of the chief
unourners, and gave himsef up to the officers,
but after the Coroner's inquest he made his
escape and fed from the city, though in doing
day. Why did Doras dy from the city The
Jury must seriously consider this phase OF TIE
case, Mr. Mason then adverted to the public
meetings recently held for the purpose Of urg.
ing the speedy punishment of criminals, de-
nonncing these meetings as attempts to oyerawe
the judicial authorities, and to prejudice jurles
in advance
At this point he was called to order by the
other side, and was requested by the Court te
proceed no further on that line, but to contne
himself to the evidence. He resumed by ar.
guing that no intent to commit murder
had been shown, the law declaring. in
10 1,a in tn
crime. Suppose clear case of murder were
proved. the jury were not compelled to fix the
penalty Of death. Only under the most aggravat-
ed and atrocious circumstances, should the
death penalty be inflicted. 70 inflict it in this
ease, would be to perpetrate wrong for which
the jury could never forgive themselves. Capital
punishment was species Of reyenge,-a relic
Of harbarisn- The object of the law should be
to reform the criminal, and thereby confer a
benefit upon society. He surrendered the pris-
auer into the hands of tha ilrY confident TINT