The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-01


the time in listess way in his chair, and seemed
apparently not to have the slightest interest in the
proceedings.
Alter tedious couple OF hours the jury was com.
pleted, consisting of the following named gentle
tlemen:-
william !. Cochran. A 'G David Alderman.
Ad0lph Luhrs. Adoph Schroeder.
Robert Jardine. Charles w. BOettcher
william =. Patten Charles E. H. MOOreS.
John Rogers. Henry w. Wiemann.
James L. GO0df1dge. Henry Boak.
The Court complimented the triers the first two
jurors, for the discharge OF their duties, saying
that they had performed them better than any
triers whom he had Known lawyers included, and
the counsel for the defence joined in the cempli.
ment. The Court then took recess for half an
hour.
OPENING THE CASE.
On the reassembling OF the Court, Assistant Dis
trict Attorney Rollins proceeded to open the case
for the prosecution, which he did in very clear
and succinct manner, detailing all the circum-
stances OF the shooting Of the unfortunate
deceased as the same was reported in the HERALD
at the time.
THE TESTIMONY FOR THE PROSECUTION
Mary Stephens, housekeeper at 10 Nelson place,
where the shooting occurred, was the first witness
called for the prosecution. She testified that on
the 10th Of last December Mary Ann Foley, other
she occupied back room on the third story;
she last saw her alive on the 10th OF last December
about If. four r. 19ek 5o ga down stairs
as the hall was dark; she soon learned
noise before, but It did not sound like pistol;
she heard the noise repeated three times; when
the man told her he had shot his niece she stood
and unconcerned; after the first noise she heard a
scream, ana she called up stairs to learn what the
- IN 40 u fhA man mo- In hnnd xNff
first flight Of stairs; the deceased had lived in the
house two weeks; she thinks she saw the prisoner
day before, At the srass; she had not seen the
prisoner since until coming into Court.
ceased occupied was finely furnished; In the front
hall bedroom at the time was Anna Clinton, who
absent; there was no occupant OF the back hail
bedroom; emily two OF the b0arders were in the
house; the man she saw came down very slowly,
quietly and deliberately; his exact words as near
as she could remember were, II have shot my
niece and am going to deliver myself up;" there
was no one IN the parlor at that time Of day. there
were. including the deceased, seven girls boarding
at the house; Anna Clinton she understood was
now IN Albany; the man did not tell to whom he
for himself as he left and seemed to be in hurry.
Frank Carleton was the next witness. She tes-
OF last December she was at 10 Nelson place;
about half-past three O'Clock in the afternoon she
Miss Maud, and he went up to her room she did
not let in any other man chat afternoon; she was
in the back parlor, and in about twenty minutes
heard noise like woman screaming; she saw
Maud about an hour before lying on her bed in her
ROOM reading book; she never saw the prisoner
could not say how he was otherwise dressed; about
I'VE minutes alter the screams she saw the pris-
Cross-examined by Mr.. Howe-she never dressed
the hair OF the deceased; nothing in the appear
ance OF the prisoner attracted her attention as he
answering "Yesn he went up to her room; there
was nothing to indicate that he had been drinking
testified that on the 10th OF December last he went
to 10 Nelson place on information OF the hardresser
the deceased was lying dead on the floor, her head
resting in the lap OF another girl; he was there
when DIR. Steele came in.
DR.. Edward P. P. Marsh Deputy Coroner, de-
scrbed the wounds found on the deceased; there
were three wounds; one entered the chest and
passed through the heart; the second was In the
shoulder, and the third on the right arm the ball
through the heart was necessarily fatal wounds
he saw two bullets in the wall.
sergeant Edward Dyer, OF the Brooklyn police,
testified That the prisoner came to the First pre-
cinct station house In Brooklyn on the 18th OF De-
cember last and stated that he wanted to give him.
sell up; ne said woman had been killed in New
York. and that he killed her; he said this woman
was his niece; that he went where she lived and
tried to dissuade her from leading life Of shame;
that they had some words; that she went to take
rom bureau drawer pistol, and that he then
shot her; the prisoner also told about his family
matters, and among other things said that she was
the first prostitute In the family; at the time he
called Gale. ne . said she was combing her hair in
q pistol; he said he carried pistol
because he was afraid OF his life; he asked that
some reporters be called that he might make to
them True statement OF the case after q time
Captain Smith and himself brought the prisoner TO
Police Headquarters in this city, and delivered him
over to the custody OF superintendent Kelso.
Cross-examined by Mr.. Hall-The prisoner called
at the station house about seven o'clock in the
morning; he came in alone and was well dressed
but appeared little nervous and excited; he
looked ike man who had been on tare his first
words were ere - came here to deliver myself up;
the nrst tnlng ne u1d was to pull newspaper from
his pocket; he asked him II his name was Miller
and ne said said, mo, my name is Rob
Shooting had seen an account o No OF IN:
afterwards they searched him and found in some
papers, two small pictures knife and some keys;
they tnen locked nm up and he lwitness) went to
he saw him about halfpast nine at the Police Head
quarters in Brooklyn, having been teegraphed to
go there; the prisoner was anected BY the same
nervousness; he was telling several about his
troubles; ne seemed anxious TO talk to everybody.
Witness gave this story at length about the same
as heretofore published In the HERALD. The whole
thing was voluntary statement on the part OF the
prisoner. He gave as his reason for killing his
niece that she was the first prostitute that had ever
dsgraced the family and he did not mean she should
disgrace II any longer. He said he carried pistol
because ne was afraid some one would put head
on him II he went to see his niece; ne told them
where the pistol was, and IL was sent for and got;
IL was In his trunk at his boarding house; he
showed copy OF the Irish american containing an
account OF the suicide OF sister In unatc asylum
In Ireland; he said that his brother died lunatic
In the same institution; on the way TO Police Head
quarters In this city he was very laxative; he
hesitation.
Direct resumed-The prisoner impressed him
as very intelligent man everything about him
was neat; ne simply looked as though ne had
CAUTION TO THE JURY
the examination OF the above witness, is being
already twenty minutes past feuri O'Clock, closed
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