The New York herald., 1873-09-30

IN attendance ana IN the corner OF the room set
apart for prisoners we re several indicted for mur
der in the first degree, whose cases have been set
down for trial.
CHARGE OF UxoRcIDE AND MATRICIDE.
John McCabe and John McCabe, Jr., were placed
at the bar. Both were indicted Tor murder in the
first degree, the victims being the wife OF the
former and mother OF the latter. Messrs. William
F. Howe and Abraham H. Hummel appeared as
their counsel, and the prosecution was repre-
sented by Assistant District Attorney Russell. The
first twelve men answering to their names on the
call OF petit jurors were accepted as the jury. Ac-
cording to the statement OF Mr. Russell, the
prisoners and the deceased occupied rooms on the
third floor of the tenement house No. 3l7 East
Twenty-ffth street. II was charged that the son
beat his mother in the forenoon OF the Sd OF last
July that In the afternoon the father also beat
her; that, bleeding and helpless, she was then put
to bed and that death resulted afterwards from
the Injuries thus inflicted. They were, he added,
poor people, and the numerous assaults were
the result OF drunken braw However unllal
the conduct OF the son might have been, 1t was by
no certain that the injuries indicted by him
were OF fatal character, but there was reasonable
ground for supposition that the supplemental in
juries at the hand of the husband might have
caused death. He did not think they could bring
in verdict against the son OF higher grade OF
crime than manslaughter; but, OF course, he left
the issue TO the evidence adduced In the case.
Eliza McGovern was the first witness called. She
testified that she lived at No. 3l7 East Twenty nfth
street; the deceased, Mary McCabe,, lived at the
same house on the third 1oOr; she knew the
prisoners by sight; she heard the son and mother
having words in the morning, but paid no atten-
tOn to what was said; afterwards Mrs. McCabe
came into her room; there were marks on her
lace; at three O'Clock in the afternoon she was IN
Ms voras 1as OLD in IN
them; the son came In at five O'Clock; soon aiter
this the son asked witness If his father had been
striking his mother; witness went into the room
with the son and found Mrs. McCabe lying on
bed; the Old man was sitting near window; wit
ness went to awake deceased, but the son pre-,
vented her, saying "Let her sleep out :; the head
and hair OF Mrs. McCabe was covered with blood;
Cross-examned-D not know how many times
the deceased had fallen, or whether she was drunk
as the deceased lay in oed the top OF her head was
covered with blood; the blood might have come
Edward McCabe, son Of the elder prisoner, was
next called as a witness. As he Is only eight years
old Judge Brady first examined him privately to
test his competency as witness, and decided that
he was competent ne came, ne testned, rom ON
Randall's Island to the Court; he was home on the
day his mother died; his brother Johnny came
home before dinner time; then went away and
came back at four O'Clock; he saw his brother hit
his mother in the face with sh0ebrush; his
mother then went after an officer, and after awhile
his brother went away; when his father came
nome he commenced lighting her; he called her all
sorts OF names; he saw his father drink; he drank
Bourbon; his father hit his mother with cup on
her u good many times with his hand and she iell
on the floor; this was after his brother came p.
Cross eXamined-His mother had been drinking
good deal that day; she only fell down once, and
then when struck; his brother only struck MS
mother with the shoebrush; his father left the
liquor in the house; in the morning his mother
took up knife at his lather; she threw STICKS at
hun; his atner's face was bloody; his mother was
not very drunk; she was only little tight.
Uaughter.)
Mr.. iiowe-Tne superior intelligence of the wit
ness shows his competence.
Simeon N Leo, Deputy Coroner, testified that he
made q post mOrtem examination of the deceased;
she died from compression OF the brain caused by
violence.
Cross-examinaton-A fall would have produced
the same result.
fed to arresting the prisoners; the lather mad
the appearance Of Just getting over q drunk; the
and found her drunk the noor, and put her to
bed; the father SAID he knew nothing about the
cause OF her DEATH
Dr. Sanborn went to the house of the deceased
about hallpast three O'Clock on the morning OF the
Attn OF July last; he agreed with DR.. Leo as to the
TO Judge Brady-In his opinion the compression
Of the brain was the result OF combination OF
blows
He also concluded the testimony, and Mr.. Howe
summed up for the defence. tie said that the case
brought to mind the remark falling happily from
the lips of His Honor that the drunkard was the
despot OF the community. God forbid that he
should say any thing against the poor woman. She
was an habtual drunkard. He insisted that there
no evidence against the son. AS to the father,
he came home and found his vile in state OF quar-
reS0lne lneDriety. lie uid not ntenu VlOIeHce, DuC
in passion resisted her attacks on him. Alter
drawing a most feeling and eloquent picture OF the
stuatiOn he insisted that no higher grade or crime
had been proven than mansaugnter in the fourth
degI ee, and that should be the verdict.
The jury returned a verdict OF acquittal against
the son and one OIL manslaughter in tue fourth de-
gree against the iatber
Judge Brady, after telling the prisoner that
drunkenness was no excuse for crime, sentenced
him to the Penitentiary for one year.
PLEA OF MR.. LARKIN.
Mr.. Larkin against whom the Grand Jury have
nrhf IN on n. .linfn nf mn fha Hrsf
degree was induced by Mr. Howe, his counsel, to
plead guilty to manslaughter In the fourth degree.
Mr.. Howe recited the circumstances Ol the case
and urged that they were such as to justify very
light IL any punishment.
Judge Brady said that the statement OF the cOun
sci presented the case as a peculiar one. and he
would therefore wait till morning before passing
sentence.
The Court here adjourned till this morning when
the case of Peter Mckenna, in which Mr. Howe said
he was prepared for trial, will be tried