The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
The Utica Murderess Arraigned in the
Court Of Oyer and Terminer.
HER APPEARANCE IN COURT.
Amdavlts Of the Prisoner aud
Her Counsel.
JUDGE DooLITTLE ON THE BENCH


die ed for the murder OF Henry Il. Hall,
and to-day was set down for the trial.
The melancholy circumstances surrounding this
case being Of such character that the entire county
Is excited and the gossips have not ceased to praise
the murdered man for acts which would be
treated as unworthy OF remark In many
other instances, while the wsman has gained
a notoriety that few appear to envy. Mrs.
Mccarthy may have been grossly misrepresented In
many respects touching matters outside the MUIR
der, and probably her own version OF affairs can.
not be taken for gospel; but 1t Is clear she intended
to kill the man on whom she charges the greatest
misfortunes OF her life. and not his friend Henry
Hall. who was unfortunate enough to receive the
ball from McCarthys pistol.
RESUME OF THE MURDER.
AS the Latter Is likely to be one OF the most I'M
portant Affecting our pent up city, brief resume
Will not be out or place. on the morning OF the nth
OF January last about ten O'Clock, Milton H. ThOmp-
son. weil-known Insurance agent of Utica, entered
street Car, In company with his nephew, Henry II.
Hall, of Ogdenspurg. few minutes later the car
halted in response to the signal OF tall portly lady,
who was heavily yelled. The female seated herself
Immediately opposite Thomson. She was observed
to lean forward ana address him, ana to have
been disappointed and incensed at the reply She
made quick, sharp gesture OF distress, and mo-
ment later sprang TO her feet, presented revolver
right cheek, passing thence out through one
OF the nostrlls and finding lodgment In the
heart OF Henry II. Hall, who occupied
a seat by the side OF Thomson. The
woman. quick as thought, stepped to the
ee III tS Sa
lieving himself to be fatally wounded, asked tnat his
we Dc se1t Tor An oGgpant OF e
tnat young Hall's body was resting in an unnatu'
raj position against the end OF the Car. He
n n
the dead The announcement OF hall's death created
greater panic among n ne ar already terrified pas,
the city that the conductor gained sufficient
sell-pOssesslon to ring 70 sandstll The MUIR
dered man was removed to the BulterfelJ House.
Thompson signhed his wish 70 be assisted to his
once, where physicians subsequently attended him.
His Injuries, although painful, are not dangerous.
THE WOMAN WALKED QUIETLY
down Genesee street, directly In the rear OF the car
intelligence Of her crime had preceded her.
she was arrested by Officer supple. She offered
that she had killed young Hall and had not killed
her intended victim. she swears that Thomson
degree where she entrusted him with all her funds
took advantage OF her Dy i0reclosing mortgage,
which leaves her and her three children homeless
anu pennlless. she claims that Thomson Is the
iather Of her children.
The friends OF this gentleman say that the woman
Is one OF the most desperately vicious DIackmaers
III the country. In Albany sne , was known as
she has been under arrest for various offences
In that city. Thomson, the Intended victim,
haas Sern u ue 10 Of
dvidua but Is at present exemplary In all respects
The murdered man. Hail, was n thriving young coal
merchant OF Ogdensburg. He leaves wife aud
| child.
| Promptly at the hour OF two O'Clock this after
| noon Judge Doottle entered and took his seat The
specIaI and exIraordinary Court OF oyer and Ter.
mner.u When he had done this Judge Doollttle an'
and witnesses connected with the Court and that
no more persons than the room could comfortably
contain would De permitted ever to obtain al
mission. the roll or the Grand Jury was called,
and Or. l.. l.. Wight was sworn as foreman.
sw orn. Judge Dooittle delivered snort charge OF
| the usual commonplace nature, and The Grand Jury
McCarty entered the court room and assumed o seat
| near her counsel She appeared pale ana s!lghty
languld, wearing the same costume winch she Wore
| on the day Of the homicide.
Inc roll OF the petit jurors was then called Out Of
tx r names Tno following
present were excused from attendance al Court Tor
EDWARD r. Alexander, Clinton; william p Hills,
Vernon; Jacob Kline, New London John Marsh
Clmton; George Putnam Waterylle; ALVIN n.
Pomeroy, Utica; Evan r. Ihomas, Boonvlle; Ben
| iamin Waterman, Taoerg.
These delectons lett but twenty In the box
| 10 be drawn when necessity shall require.
Alter the excuses mad been made and decided
upon the District Attorney arose. and, in moving
the trial. said that the counsel for the people
ready To- proceed with the case. The hum OF con-
yersa,ion all the court room hushed for In
stant but rose again as the District Attorney re-
MIR. i. Ii. Babcock, one OF the counsel for the
se a Mr. BabcocK Nav
Your Honor we have an application In behalf OF
MRS MeCarsy to put !. d the trial ,, over this
ana that OF Mrs. McCarty. These a1idavlts are
not so ull as should like TO have made them, aid
papers deem TINS sufficient. | read the oiidavit
; Of Mrs. McCarty first" -
The AFFIDAVIT set forth that defendant has
good and sufficient grounds OF defence; that
WAN want counsel ana the Securing Of that
she has been unable to prepare her case; that wit
Inc 70 e sa aa no s1 1s az n Ls
anldavlt gives reasons why these witnesses could
not be secured, and ailrms deponenrs beef that II
time be given these witnesses can be secured.
ATTORNEY JONES' AFFIDAVIT
The second alrdavlt read was by R. y. Jones.
counsel for the defence, stating that witnesses
e eaa R had no, yet teen FOUND that Wit;
not been subpGnaed, owing 10 sickness OF one
with whom the WORK had been lett; that witness
from Brooklyn was in Washington, and had not
been subpunaed, and that on this witness de-
pended the proof of insanity; that Gardner scrib-
ner, at whose house delendan..stop the last Two
nights before leaving Albany, Is sicA and unable TO
In reply to an inquiry OF the Court Mr.. Jones
stated that the only information he rad as to the
inapility to attend Of this last witness was from a
letter lie had received from the witness vile. He
! could not tel what allied the man.
ATTORNEY BABCoCK'S AFFIDAVIT.
Mr. BADcocK then read his own affidavit, 10 the
| eUeCt Iudt, dlluOuBH uut uHiScuSc pSSu useu
preparing Tor the trial. he had not been abs 70
secure the services OF assistant counse,, 'nat
need OF ASSISTANT counsel illness "a ue-
PENDANT, need OF money, unespeGit oar , uls,
| covery Of the death Of witnesses rear tiat
witnesses might be iapySsreu WIFI. &C..
had greatly retarded the wS,A ~ pLePaiauoni mat
nroof az nreseat OF ne insanity OF defendant in ST.
louis but that Opponent beieved evidence as to
this no,nt can i've secured; that deponent believes
he vof Mrs. McCarty at the time of the
nom,cide be proved, and that 1t would pe unjust
al nrersnt 10 push the case to o trial.
i.EDAvITs OF MEssRS PoMERoy AND MITCHELL
J Then was read the AFFIDAVIT OF ID. Z. Pomeroy,
that ne nSd not neen ape 70 prepare i lSa
case. Farther Than this, the affidavlt simply
corrob0rate statements OF preceding afidavl5'
The AFFIDAVIT OF ID. J. Mitchell was the next READ,