The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-22
TEE TENTH AVENUE HOMICIDE.
Tritl Of Philip Wilhe, Charged with the Murder
Of Rudolph Wucherer-rhe Testimony In
the Case-Recorder Hackstt to
Charge the Jury To-Day.

Yesterday, In the Court OF General Sessions, before
Recorder Hackett Philip Wllke was called to the
bar, charged with the homicide OF Rudolph Wuch-
erer on the Oath OF september 1871 by stab0ing MIN
with knife. AS the case was not one which ere
ated much excitement at the time Of the occurrence
no delay was experienced in empanelling jury.
After Assistant District Attorney Fellows had
opened the case. having stated that the prisoner
kept lager beer saloon at Al Tenth avenue, where
the stabbng took place. he called Joseph Ellie, who
said that he knew Wucherer six months. and that
ne was machinist; the prisoner kept lager beer
saloon, and witness was present at the time Wuch-
erer received the injuries that caused his death;
witness, Francis Weiss and the deceased went into
the saloon and asked for and drank six glasses OF
soda water; the deceased paid the prisoner sixty
cents, and then asked Wilke why he called him
vagabond; the prisoner replied that ne did
did not know of any such expression and
had not said ANYTHING of the kind; the deceased
said that he could bring witnesses to the fact; then
the prisoners wife, VINO had been in the rear room,
came out ana said TO the deceased :-"Y0u want
still to have something more; you want something
from US: you are the meanest man In the worlds"
Wucherer turned round and SAID to her:-"You are
too mean for me, too bad for me, as that should
talk 10 yOu;" then Wilke Jumped up and said :-"lf
you insult my wife l will go and Kill yOu;' he
jumped up from the chair. rushed from behind the
bar, took knife, and at the same time stabbed
Wucherer In the left thigh; he lived about twelve
fifteen minutes; the knife was seven inches long
and was used for cutting cheese; no blows passed
between the parties previous to the stabbing-no-
thing except angry words; not half minute
elapsed from the time that Wilke said, 'lf you
insult my wife ! will kin you" and the stabbing;
after the deceased was stabbed Wilke and his wife
had hold Oi HIM. and then Tell down,
Gross examined by Mr.. Howe-The deceased was
a powerful man; he the deceased) did not, after
the prisoner said, "If you insult my wife Will go
and kill you" take the prisoner by the throat and
endeavor to choke him; tho deceased did not nave
the prisoners wife by the hair OF the head but che
struck the deceased in the face.
Francis Weiss testified that he accompanied the
previous witness and The deceased to the saloon,
and after drinking soda wnke asked the deceased
why he called him vagabond; he replied that he
did not 40 1t, whereuDon the prisoners wife came
out and said, cit Is no use talking you are the bad
dest man IN New York; II you earned $50 week
Insult my wife am going 10 XIII yOu,' ran Denind
the bar, took kniie AM ran 1t into the deceased
there was no quarrel previous to the staoDing ex-
cept angry words; the witness did not see where
the prisoner took the knife from.
CrOss-eXamined-The deceased was big man he
did take the prisoner by the neck and attempt
choke HIN; The prisoners shirt was not torn; the
deceased dld not catch the prisoners wife by the
The Assistant District Attorney read the deposi.
ton OF DR.. Beach, who stated that ne made post.
mortem examination OF the deceased, and found a
wound two inches wide about the middle OF the lett
thgh, aud six inches III depth, dividing the emoral
Thls closed the case for the people.
THE CASE FOR THE DEFENCE.
Philip Wllke testified In ms own behalf He said
that on the 24tn OF September, 1871, the deceased
came into his saloon, and being under the influence
Wucherer called him vaxab0nd, the prisoners wife
came out and said "You are one-li you earn So5
worst woman IN the city OF New York, ordered
him out two or three times; ne seq ne nag
Sn ha to be rst q BE- Sere or
and went towards the counter; he Immediately fol-
lowed me and took me from behind with botn his
hands by my neck anu throat aud chOked ME; then
my wife came and wanted 10 tear HIM OIL from me;
then he let 20 Of me with one OF his hands and
and took hold OF me again with both hands; ne was
a great deal more powerful man than myself; he
upon near the par Il did not 90 behind the cOun-
ter; took the knife; did rot want to murder the
man but | wanted to give him good cut so that
he would lei go OF me; If rad intended to XIII him
/ would have stabbed him In the body; what / did
Mr. Fellows, in cross examination. had the inter-
prefer read the following extract from the State
ment which the prisoner made before the Coroner
81 saw blood on the floor; now the deceased was
stabbed DO not know myself; did not stab the
deceased" Wlke. IN response to the question
whether ne said that or not replied, "Then they
understood me wrong II said So"
Counsel called Francisco WIKe. the wife Of the
prisoner but the Recorder ruled that the law would
not permit her to be witness for her husband
recess Of half an hour was taken IN order to
AFFORD an important absent witness time to arrive
IRON distant portion OF the city.
Alter the Resembling Of the Court Simon
Adamskey, now the police force testified that he
went into the prisoners saloon with friend the
night OF the sabbing; they were In the back roOm
and there was row In the other ROOM just as they
got In the back room they saw a couple of men
"iusslng" on the floor and q woman; one man was
IvlnQ down and the other one was over him; the
same man that was over the man that was lying
down had the woman by the hair; lie was q bigger
man than the one who was lying down; the witness
could not tell whether 1t was the prisoner and the
deceased, Tor he and his friend went out Of the
fooM a.
testimony failed utterly to support the charge Of
murders; but the jury might reuder q verdict OF
manslaughter In the third degree;
Assistant District Attorney Fellows, on the con.
trary, eOquenty urged that the evidence clearly
degree. He SAID that the safest crime men could
killed another lawyers built up wall OF legal tech
nlcalities and worked upon the sympathies OF
Jurors that 1t almost impossible for prosecuting
Officers to obtain convictions where the penalty Is
death.
AS Mr.. Fellows did not conclude his argument till
late in the evening, the Recorder deferred deliver
ing his charge till the morning.
MIR. Howe read number OF requests to charge,
after which tine Court adjourned.
m