The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
THE JACK GLASS HOMICIDE.

Statement OF the Accused-Able Argument
of Counsel for the Defence-Judge Bed
ford's Charge to the Jury-COstcllo Ac-
quilted and Discharged.
The trial OF James Costello, indicted for the MUIR
der of Jack Glass at an eating saloon in Nassau
street, on the 21st January last held before City
Judge Cunning S. Bedford, at General Sessions
yesterday, resulted in the acquittal of the accused
James Costello. The circumstances connected with
the killing were fully detailed at the time, and
created considerable interest among the class to
which the deceased belonged. The court room yes
terday was crowded during the trial by the friends
Of the man on trial and of the deceased but no
other expression OF feeling interest was mani
tested beyond the natural manifestation of con-
graduation on the part Of C0stellos friends at his
acquitta
THE TESTIMONY.
DR.. Vandewater was the first witness called by
Assistant District Attorney Sullivan. He testified
that he was at the Centre Street Hospital on the
morning Of the 22d of January when Glass was
brought there; that he found wounds on the nose
the wrist, the neck and legs-fourteen in all
which could have been inflicted by the large carv-
ing knife exhibited to him. He could not say which
wound was the immediate cause OF death, but the
wounds inflicted superinduced pyemia and menin-
gitis which occasioned Glass death on the 18th Of
February. The deceased was tall, muscular and
broad shoudered man.
The District Attorney offered the ante-mortem
examination Of the deceased In evidence, but it
was objected to by Mr.. W. f. Howe, counsel for the
accused, on the ground that, although Glass was
IN ert,efnis at the time he made the statement it
was inadmissible as testimony because Glass was
an ex-convlct The Court sustained the objection.
THE DEFENCE.
Mr.. Howe, in addressing the jury for the defence,
depicted in earnest language the aggravating posi-
ton in which Costello was placed by the insults ad-
tended that the accused only acted in selfdefence
when he struck the deceased with the carving knife,
which he was then using to cut meat for customers
"'''''' TESTIMONY FOR THE DEFENCE.
Mr. Howe than called James LOTUS, a deputy
sheriff. to prove that Glass convicted Of murder
and that he was dangerous character. This
deputy sheriff, however, said he did not think Glass
was bad man, that he was was, not positive that he
for he was very young then, and 1t was number OF
years ago. He (witnessl was Jointly indicted with
Glass about fifteen years ago. there five of us
indicted for murder, and three were "sent up' out
| OF the five
| Fenton McElroy the keeper Of restaurant in
Nassau street, testified that the prisoner had been
| In his employ nine years, and was quiet and in
offensive young man; that he had given Costello
orders to permit person to go into the kitchen,
| ance In his place.
THE PRISONERS STATEMENT.
| James Costello the accused, then went upon the
stand and gave his version Of the affair. He told
how Glass came in at midnight and passed into the
kitchen, and that when ordered to leave that apart
ment he became very abusive and used most pro-
voking and insulting language to defendant The
saloon to put Glass ont, but he refused to do so,
whereupOn the deceased became more abusive
than before When the deceased called his mother
most opprobrious name he asked Glass If he
called her that and upon his repeating 1t, accom-
panied with q kick, Costello struck him the
wrist with carving knife which he was using at
the time. Glass seized heavy chair and raised 1t
over CostellO's head and while he followed him up
he (the prisoner) struck at him with the knife to
keep him away, and finally got into the street and
gave himself up to policeman. He knew Glass to
have a notorious reputation, and only wanted to
keep him away, and did not desire to hurt him.
In reply to question put by the District Attor-
ney Costello said he used the knife Glass because
| he wanted to resent the insult to his mother.
Counsel on either side briefly summed the case up
| to the jury Mr. Howe cOntending that Costello was
justified in what he did, while District Attorney Sui
livan contended that the testimony showed the act
of Costello unlawful and that he should be con-
| victed Of manslaughter in the third degree.
JUDGE BEDFORD'S CHARGE.
Judge Bedford gave an impartial and succinct
statement of the evidence to the jury and the law
applicable to 1t. He said that If the jury be-
levcd from the testimony that at the time the
accused used the knife he believed his life in
jeopardy and believing himself to be in danger of
great bodily harm he inflicted the wounds and the
circumstances justified him In doing, they ought
to render verdict OF acquittal.
ACQUITTED
The jury deliberated for half an hour and returned
to the court room with a verdict of not guilty Co.'S
tello was discharged and left the Court in company
with friends, who congratulated him upon the
favorable and speedy termination OF the trial.