The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-21
COURT OF GENERAL SESSIONS.

Trial OF w lillian d. Sharkey for Shoot
| ing Robert Dunn-Opening or MIR.
Brooke for tho Defence-Tcstimony for
the misunderstanding UP OF Ex-.judgc
Beach and District Attorney Phelps
The Recorder win Charge tho Jury
This Morning.
Before Recorder Hackett.
Tie court room OF the General Sessions was crowd
ed yesterday by those who were DESTROYS 0fhearing
| the opening speech In the case OF william j. Sharkey
| now trial upon an indictment for murder in the
| FIRST degree, charging him with shooting Robert
Dunn in liquor saloon in Hudson street on the
| 1st OF last September AS soon as His Honor the
Recorder took his seat upon the bench Mr.. Charles
Brooke the associate counsel for the accused, pro-
ceeded to address the jury. After some general
| criticisms In reference to the weak case
OF the prosecution, he said they would
show by witnesses who were present in the
timony OF Belts and Kline; that at the
time the pistol exploded Sharkey was talking to a
have done Tor the deceased; that he was ilustra t.
ing the remark by leaning his arm upon the coun-
ter when the pistol accidentally went off, that the
relations OF Sharkey and Dunn were pleasant, and
that when he left the saloon he was not aware OF
the fatal character OF the wound, and subsequently
made no attempt to escape.
The first witness called was DR.. stephen W. Roof
who said that he went into Harvey's saloon In
Hudson street with friend named Brown about
two or three weeks after the shooting OF Dunn; he
saw the barkeeper, Kline, handling musket or
carbine, when he (Roof remarked to him. 'Take
care, or somebody else Will be shot here - Roof
then spoke to Kline about the Sharkey case he
lkllne) remarked, ut is SAD AFFAIR." the witness
when he replied that he (Kine) did not think he
had any more intention Of killing Dunn than he
mad OF kng sim TINS rms witness was cross-ex
Tombs.
William Welsh was the next Witness He en-
tered the saloon about eight O'Clock on the even
ing in question:; Sharkey was walking up and
Dunn, calling him names OF diiercnt kinds: The
witness said, chilly, put that away; it might 90 or
and shoot Somebody while the witness was talk
ing to Sharkey Dunn walked to the lower end OF
the bar; he did not see Sharkey shut the door ;
Sharkey continued 70 call him abusive Dames. and
Sharkey said. "Get somebody TO make good lor
you;' the witness again said "Billy, don't hold
that pistol that way; 1t might go or, he turned
good ior him 7" the witness laughed and said
''No;" sharkey. walked up towards the witness,
resting his hand on the counter, and said, Chilly,
there was a time would go into butchers shop
and lei butcher take cleaver and cut that arm
pistol exploded; the prisoner was looking towards
the witness, and then glanced at his arm, but he
dd not think Sharkey was looking toward Dunn at
District Attorney Phelps subjected this witness
to searching cross-examination and towards the
close OF 1t Welsh admitted that he was the train
with Belts and Kline and went to Albany with
them. lie declined TO answer whether he paid
town and not appear at the trial.
William Heiley, residing at SO Morton street, who
was suDpenead as witness Ior the prosecution,
on the evening OF the occurrence, gave his version
OF the affair. fhe witness said that at the time the
pistol exploded SharkeyS hand was upon the bar for
moment, but he took 1t of; Sharkey was then ex-
planning to Welsh what friendship he had for Dunn
and while saying that he had seen the time when he
would have his nand cut OF for him he dropped the
hand aud soon alter the pistol explOded Dunn
was then about two feet from the west end OF the
hn fhnf - HAL
looking from Welsh to his own arm but did
not think that the prisoner was looking at Dunn
at the time the pistol went or; when the pistol ex-
plOded Sharkcy ran towards Dunn and said ssBob
did not mean to do it, The witness went out
immediately l0r doctor and soon returned to the
place, and Phillips told him at the door that Dunn
was dead.
In his crosse Examination Kelley created some
merriment In MS definitions OF the various stages
of drunkenness Sharkey in his opinion was
stupidity drunk; since the occurrence lie had seen
Sharkey in the rombs once-when he went to visit
The witness said about three years ago he was m
the brokerage business; he declined to answer
ness.
Jacob Phillips was recalled, and said that he did
not remember seeing Sharkey at any time back
against the door and shut IL.
Louis Schlam, halter, doing business at ass
Canal street, and an oriicer Of the Marine Court,
came intimate with Sharkey from the night he took
his third degree in Masonic lodge; have seen
SharKcy aud Dunn together frequently, and they
were on the most friendly terms; on the SUNDAY
morning OF the occurrence they were in his place,
when Snarkey told the witness TO give Dunn nat:
he replied that he didn't think he had one to nj
him.
Cross-examined-I have been to see Sharkey five
or six times in the Tombs.
Captain Ira s. Garland testified that on the night
OF the lst oil september man came to the station
house and reported that man had been killed at
Harvey's place in Hudson street; the CAPTAIN
asked him who committed the murder aud the
man said he would not tell me, but added that
sharkey desired to surrender himself TO the Can.
tain; on the morning succeeding the shooting ne
did surrender himself at the corner OF Perry and
Washington streets; that was Sharkey's message
TO the captain. and when he (the captain) went
there Sharkey came up and surrendered himself.
Crosse Xamined-This was between TOUR and five
O'Clock in tile morning; witness first heard of the
homicide about half-past eight O'Clock In the even
ing, and when ne went 70 the saloon he heard that
Sharkey killed a man: the captain returned to the
station mousse immediately and sent general
alarm through the telegraph all over the city; an
Officer accompanied the captain to the house OF
Sharkey in Varick street. but did not find him
there.
half an hour was taken, and upon The reassembng
or the Court ex-Judge Beach proceeded to address
the jury IN behalf OF Sharkey saying that while ne
towards Dunn, the evidence Jailed 10 show that
the accused intended to Kill Dunn. He, however,
admitted that the accused might be convicted or
one oil the lower grades OF manslaughter.
District Attorney Phelps followed In an impas-
stoned argument, maintaining that Sharkey's con-
duct on the night OF the killing clearly demon.
strated that he meant TO take the lie OF Dunn. In
the opening remarks Mr.. Phelps asserted that 1t
was cowardly on the part OF the men who were in
the saloon for them to permit Sharkey to abuse
Dunn, who was deienceless. That sentence was
loudly applauded by the audience, but the Demon
stration was promptly rebuked. AT a subsequent
period OF Mr.. Phelps address he remarked that the
counsel for the prisoner was conscious OF the pres
sure or the facts against him.
Judge Beach arose and IN an indignant tone de-.
manded or the District Attorney what right ne had
TO attribute CONSCIOUSNESS to him which he did
not possess
MI. Phelps quietly responded that Mr.. Beach had
more GOODNESS than he thought he possessed and
continued his argument.
AT its close the Recorder said no would deliver
his charge al ten O'Clock this Saturday morning
to which time the Court adjourned
suAAoGATe's COURT.