The New York herald., 1872-12-10

IL was her husband who had spoken she said 'if he
was coming he had better come quiCk;"
her husband then came down and asked
the man "if he was Martini but she
did not know what reply was made; she after
wards saw her husband leaning over Quinn's friend,
and observed Quinn go behind him and do some
thing to her husband, and afterwards saw his
shirt covered with blood; Quinn then went up the
street and returned to make another attempt on
her husband, when he was arrested, and her hns-
band was afterwards taken to Bellevue Hospital;
he died four weeks after the occurrence on the l9th
OF September from the effects Of stab inthe back.
In crOss-examinati0n by Mr.. Howe she denied
that the deceased addicted TO drink; she dd not
notice blood on the deceaseds shirt until the pris
oner was in custody; the fight lasted about three
minutes, but she could not say whether the de.
ceased struck either OF the men.
John Kelly, an oiiicer OF police OF the Twenty.
first precinct. depOsed that he was present at the
af1ray on the morning OF the 18th August; he saw
Stamford there, and inquired OF him what was the
been to his house inquiring for his wife; he said
that the State Prison bird whom he had assisted
rS % ae ann a up I hs
Prison bird, you son OF a b-h. and III settle you;"
another oiicer, named gin, caught hold OF the
prisoner by the back OF the neck and took him TO
the station house; while he was Oh his way there
stamford came up and said he was stabbed;
away with him and followed the prisoner toward
the station, wnen prisoner TOOK knife out OF his
pocket and threw IT away, and although search
was afterWard made for II II could not he found.
In crOSs-examinatiOn he said the prisoner threw
away something which looked like knife, but lie
would not swear positively that 1t was one.
John GALL an officer Of police, deposed that he
was present on the occasion; he cOrrObOraCed the
last witness evidence and said that while Quinn
that Stamford might swell;'' he saw him throw
knife away but 1t could not be found afterwards;
deceased was bleeding before he laid hold OF the
prisoner, but he could not swear that deceased
was bleeding when he first saw him; he saw pri-
soner make dive at deceased with his hand
clenched and the prisoner at the time was stand
ing alongside OF deceased; he struck him with his
elt hand and IT was with the same hand that he
James Cunningham deposed that he was present
during part OF the ARRAY; he asked Stamford
what was the matter, when he showed hlm the
place where he had been stabbed; there was blood
issuing from the wound
mtted to Bellevue Hospital on the 18th OF August !;
he saw deceased the morning after he was admit
ted ana dressed his wound; deceased died on the
Goth OF September; the wound was Just below the
nip and was clean cut wound; deceased was
granted pass from the hospital by the house
surgeon, and was gone two or three days, but
afterwards returned and died on the Goth; the
cause OF death was the bursting OF an abscess
which had formed and which had been created by
the wound; on the pOst-mOrtcm examination the
only external mark OF violence was wound
which extended for three inches; the wound had a
healthy appearance, but on probing II he found an
abscess had formed under the wound, ana death
resulted from its having burst into the cavity.
II.
the house surgeon who first treated the deceased;
he was discharged as being cOnvalescent by the
house surgeon some days before his death the
wound at that time looked healthy; he did not see
him when he came back to the hospital, but be-
lieyed he was then suffering from the effects Of q
Mr.. Howe inquired whether the fact of his being
thrown from car by conductor would not be
SUFFICIENT shock, In consideration OF the presence
OF the abscess, to cause his death2
District Attorney Garvin objected to the mode Of
pressing the question, which was also held by His
cross examination continued-The day ne left
the hospital on pass he was apparently GONZALES
cent; 1t was Impossible to say II the deceased had
remained IN the hospital whether he would have
died.
Mr.. Howe briefly addressed the jury He said it
would have afforded him great pleasure had the
District Attorney presented the to them In its
true character, because he would not then have
had to address them The District Attorney had
devOved upon HIM to do SO, and without entering
into the merits or defence OF the case he would pro-
another person than the accused was was responsi1ie
Tor the death OF the deceased and II he proved that
which he would do by the witnesses for the prose-
cution then they could not hold the prisoner
guilty of the crime charged against him.
TESTIMONY FOR THE DEFENCE.
Patrick McGinlay, O police officer, deposcd that
he saw the deceased on the 18th September,
when he complained that he had been thrown rom
car 1 the n Co The M e con he
was charged III the police court and admitted to
bali for $500.
the deceased at the station house, when he went
to make complaint against the conductor. and had
1t sent TO the Police Court to be heard.
Patrick Stokes, Car driver, deposed that on the
18th September he saw the deceased on the corner
of Twenty-eighth street; he ran for his and
side, and said he ought to have stopped Tor him
he commenced to talk very ugly, when he called
the conductor and requested him to move
the deceased inside the car; the conductor moved
him accordingly, when deceased commenced
swearing at him and got exceedingly abusive: wit
ness stopped the car and told the conductor to re-
the deceased to the other end OF the car; the
conductor tried to get him OF the car altogether,
when the deceased fell into the road upon his
hands; he ran, however, from Twenty ninth street
to Thirty fifth street after the a; deceased must
have missed his footing, and was in liquor at the
time.
stephen Root who was in the car, proved that
the prisoner had been drinking, and corrObOrated
the above witness testimony with regard to the
conduct Of deceased and the manner Of his being
ejectedby the conductor deceased had also refused
to pay his fare; he denied that the conductor
pushed the deceased of the car, but he fell OF the
step in the scuffe.
Or: Boil, having been recalled, said it was his
wound, which was In itself sufficiently dangerous
to cause death, but 1t was probable that death had
actually been caused by the shock OF the violence
caused by his being thrown OF the car.
TnB CHARGE, THE VERDICT AND THE SENTENCE.
His Honor briefly summed up the case to the
Jury, detailing the circumstances OF the stabbing
and OF the manner in which deceased was elected
from the car. The indictment was for murder, and
there was evidence to show that the deceased was
stabbed by the prisoner, and concluded his argu-
ment by saying that it was either case OF murder
or nothing at all.
The jury retired, and after an absence OF about
an hour returned into Court with verdict Of
murder in the second degree.n
His Honor, in passing sentence upon the prisoner,
said it was q melancholy thing that another in
stance should be added to the numerous murders
which were being committed OF late by young men.
1t not his first offence although II was one OF a
much graver character, and the sentence OF the
Court was that he be confined to state Prison Tor
fifteen years.
MANDAMUS AGAINST THE COMP
TROLLER AND BOARD OF AUDIT,
Two Mandam usess One Against the
Comptroller and One Against the