The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-07

NEW n
as the God OF nature intended until the fatal day
when the prisoner introduced ONe to his family.
The serpent had entered his home. After while
his wife ceased TO look on him with the eyes OF
love. IL occurred to hm that O'NeiPs presence
was fatal 10 the peace OF his family. His sus-
plclons became confirmed Dy rToof ter proof that
he was q dlshonored ul@., an hal ne lips which
kissed nm when he lcint 30 PEE - h0ne were dis
honored ups. They coad .-t me tae ieeHhgs OF
with such lavish expense alo little cottage, on
maGlng this discovery. llele the prisoner leaned
his lace on his hand and was overcome with emo
toni Mr.. Howe went on TO Say hat they would
prove that ONeil entered, besides this, into KIND
OF conspiracy against King: that the prisoners
wife and children were taken from HIM and his
furniture taken from him, aud he commenced an
action for seduC tion against O'Neil and an action
for divorce against his vile, and that alter this
ONe once asked him, "Klng how is your mental
agonyf" 1t would also be SHOWN that members OF
the prisoners family had been OF unsound mind and
were subject to epectic it's and that poor King
himself was subject to those hts; and II strong
mind might well give way under such wrongs as
his how much more q mind naturally unable to
bear up against such strain!
Mr.. Howe's brief but touching address was lis
tened to with the most earnest attention by the
jury and all present. The Court at its conclusion
look recess.
Evidence for the Defence.
TESTIMONY OF AUGUSTUS G. KING.
The first witness examined Tor the defence was
Augustus G. King. the prisoners uncle, who was
examined by Mr.. John o. Mott. He testified that
".
san francisco: the mother OF witness died rom
falling OIL a chair ana bursting blood vessel; Cor
sister OF has hs she has been
Kind o. lowers down the chm then she gets worse
and has 10 90 TO bed and she iroths at the mouth
and they have to hold her during the ''spells," as
the children call them; her hands are clenched
and she seems to be gone some way or another;
she mad these fits since she was SIX weeks old.
Witness also testified that q brother or the de-
fendant had "Bts'' from his childhood and died in
one OF them; the prisoners aunt, Cornella, was
for ~ hnru hn
BRINGING COUNSEL TO TERMS
Here q slight passage at arms took place be-
tween Mr.. Beach and Mr. Phelps as to the admis-
sion OF testimony.
fessonal and discourteous TO the Court. In future
ii any objections were made to evidence he would
insist on counsel rising and stating them.
The witness went on to speak OF numerous other
relatives OF the prisoner uncles. aunts and
brothers.
TESTIMONY OF ADRIAN s. JoLINK.
Adrian s. JOIne, lawyer, now connected with
Judge Leonards ONCE, testified that IN 1872 h vas
employed in the office OF Brown, Hail Wand T.
pOel; IN November the prisoner came ana asked
hun to go down 10 Judge Sutherlana's ofice and
adjourn case ior MIN; this the morning OF
and could not go; about twelve O'Clock he met
King in the Court House and King again impor-
tuned him to go, and he advised King to go down
and adjourn 1T himself; King then started to go,
saying "All right or something oil the kind.
70 Mr.. Phelps-Ae gave me a reason why 1t
should be adjourned but ! don't remember it /;
some members OF our firm were his lawyers.
TESTIMONY OF JOHN c. BOYD.
John G. Boyd, physician practising in New
Jersey, near Turner's station, on the Erie road,
where the prisoner resided, testified that shortly
alter the prisoners wife and children lelt him he
called on witness and said he hau met with domes-
tic difficulties and had passed some sleepless nights
anu he wanted u prescription to make him sleep;
witness prescribed choral; the prisoner had an
anxious, troubled look.
TESTIMONY OF HENRY MAY.
Henry May, druggist, testified to selling the
prisoner solution OF Choral twice in July, 1872, on
the prescription OF DR.. Boyd
THE INTIMACY OF MRS KING AND MR.. O'NEIL.
Mr.. Beach here stated that IN regard to the inti-
macy of Mrs. King and Mr. O'Nel he would show
the existence OF the belief in the prisoners mind
that the intimacy was improper. They would go
nc further than to show The circumstances which
would operate on the mind OF q susceptible and
jealous husband, without touching the question
really improper or not The existence OF that be-
let in the prisoners mind would be proved by
Mr. Phelps objected to any evidence of circum-
stances which did not come to the prisoners
mind.
Mr. Beach said he was taken by surprise There
was discrepancy between this Oner and the
opening Tor the defence.
Judge Brady said he would exclude circum-
stances not proved to have been communicated to
the prisoner which fell under his observation.
TESTIMONY OF JOHN HORN
John Horn was then called to the stand. and an
offer was made by the defence to prove by him the
public nature OF the relations between Mrs. King
and Mr.. ONe1l in the summer OF 1922 that, Tor
instance, they were in the habit of publicly walk
ing together.
Inc evidence was EXCLUDED, unless these ClrCum-
stances proved to have been communicated to
the prisoner in some way.
TESTIMONY OF AGNES GRAY.
Agnes Gray, VINO resides at Turner's Station,
testified that she was laundress in Mr.. Kings lam
lily in 1871 and 1872; MI. and Mrs. O'Neil lived
them: Mr.. KING dld not live much at home Mr..
ONei used TO call In Mr. Kings ABSENCE while
he was III the house somewhere else witness would
remain the kitchen with the children, while Mr..
O'Neil and Mrs. King would be together alone in
some other part OF tue house; sometimes he would
remain longer than at other times; witness never
told Mr. King about this she did not tell any one
else what she knew. The boy Joe told her what he
knew he was a servant there.
Joseph TOwnze, the boy referred to- was here
excluded from the Court at the District Attorneys
suggestion.
TESTIMONY OF JOSEPH TowNzELL.
Joseph TOwnZen was then called and mulattO
about six feet nigh strobe into Court he was
asked his name, and no one could make 1t out from
his pronunciation. He was asked to spell 1t.
He said, bursting into q laugh, 81 spells 1t,
T-o-u-l.e-s.' Great laughter.} Finally Judge
Brady discovered that the name was Townzel.
King used to be away day or so at a time; Mr..
ONei used 10 call III Mir. Kings absence two or
Mrs. King; he told MI, King about 1t before MIR.
O'Neil's death.
ON cross-examnation witness said that he lives
at No. u West Thlrty-secOnd street; he works at
the Tombs; he made Jokes Tor Stokes and King
Qere witness laughed) he got into the Tombs
just before MIR. King went there; he was being ar
rested on suspicion another laugh 1t was Mr..
King balled MIN out; ms counsel was Mr.. Howe
(an0ther display of ivories).
TESTIMONY OF ELLIS HARE.
Ellis Harre-Was conductor on the Erie Railway
in 1872; he frequently saw Mr. O'Neil and Mrs.
King OH the tram, and Mr.. King; alter the rumor
about the trouble he saw NJ. O'Neil and Mrs King
travelling alone.
TESTIMONY OF A. j. vANDERPOEL.
Aaron j. Nanderpoel, couDsellOr-ataw. testi-
fed that his office performed some business for Mr..
King III 1872; on the day OF the shooting Mr.. King
called at the office and asked him to go to the
referee and get IL adjourned; Mr.. Smith, one OF
the partners, who used to act for King, was in
Albany, aud witness told King he should find one
OF tle clerks TO go down with him and adjourn 1t {;
he knew Mr.. King as a client for several years
but never saw his sign out IRON the declarations
OF King witness knew that he was aware in
social way OF ONes frequent visits to his house.
The Court here adjourned till this morning the
Jury, as before, being sent to Sweeny's Hotel un-
der charge OF officers.