New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-05
THE COURTS.
THE KING MURDER TRIAL
JURY OBTAINED oPEMsG ADDRESS BY D,sr

ATTORNEY PHELPS - TESTIMONY or JUDGs
SUTHERLAND
The trial of James G.. King, for the murde,
OF Anthony ONeili IN the Court OF Oyer Terminot
before Judge Brady. fairly begun yesterday. by tho
completion OF the jury. The opening remarks OF Dn
trct-Attorncy Phelps aud the examination Of Jocgo
Sutherland. concluded the proceedings OF the day Tue
audience very large. The jury Is now composed "A
follows;
George r. Doge. Chauncey A. Frees. George MIlor
James KYdd Francis Dsw, JOb8 Bryant, Henry 6.
Glover Henry Faber Marvin Briggs Suryo j. Dslas
FrcdercA LINK. Frederick A. Baldwin.
To obtain these 10 255 persons have been OK.
amined. Tho prosecution have made 20 peremptory
challenges aud the defense %, OF the panel 20
answered 10 their Al length Frederick A. Bad
win OF No 80 Elevouth-st accepted as tho twelfth
juror.
DstrclAt tOrney Phelps then made the opening address
for tho prosecution He referred " the OF great
importance TO the community and the prisoner, and
asked from tho jury thoughtful. unbiased judgment
upon tho evidence. The prisoner he said. is Of
about years age, born in the ncghboring State
New Jersey OF good attanments and natural abilities.
has himself possessed OF largo business capacity.
has passed portion OF his life IN California, IN the
Sandwich Islands, In this city, and in England, con-
Quoting business with Vared success sometimes rising
position OF considerable wealth. and again. By the
misfOrtuDes Of his career. being reduced to comparative
poverty After being engaged IN California he went
the Sandwich Islands whore no formed the acquaintance
the lady who subsequently became bs wife. After
ward no returned san Francisco dld business there
for a short period, and then went TO England and
gagged IN an enterprise which proved disastrous Imam
cialy lie soon came 10 this country. and took up hs
residence at the village Of Turner's, on the Eric Raft
road with his wife aud three children lie there formed
tho acquaintance OF Anthony T. OMEN, and that &C,
quaintauce quickly ripenad into friendship. which OK
tended TO their respective families During INC
of 1879 domestic troubles arose In the family OF
the prisoner. which resulted Ia his witos leaving her
husbands home aud coming TO THIS city %lR nef end
clergyman. In that removal Mrs KING was assisted by
Mrs ONel the wite OF tue deceased, ana 80 lndgnao,
had the prisoner become IN tnat ne ehr2ei
that her relations with Neil were not what they 0ugDt
TO be- The former friendship OF coure departed and
nothing but hostility existed between them OSet
gned for the departure OF Mrs King IRON
home the gross iLreatment 10 which she was eou'
stanty subjected, and on subsequent oecison Hlco
the prisoner claimed posse sion OF hs wires trunks 10
NewJersey through the instrumentillty OF OhenI ne
was arrested ana taken before = local magistrate. Ga
That charge he released, and he immediately pre-
ferred cnargo against ONsl for suDornaiion. Onek-
animation ONel WAS acquitted ahd the eol . Oi nOt
tity between them were 40 great dlltrwdrds thnt
ONell assiscd In the prosecution OF SUIT against King
for the sale OF his household objects 10 Satsy tnt ue
mands OF creditor. The prisoner thon began suit m
released in $4,000 bail. Meantime MIRO Klng sought
separation from her husband In limited divorce ana
the prisoner replied by nstltuting proceedings for an
absolute divorce she mmmedately began similar
proceeding. King warned ONcll not TO cross MS pain.
and asserted that when trouble arose between himsat
aud his fathernaw in tho Sandwich Islands he bad re-
sorted pistols. Threats OF TINS Character no con
ONeiil, who was a bold. brave man. and had served
years the army, he treated them win conompt
H. In the divorce reference ordered by Judge
Barrett to take place before judge Sutherland AT his
Office in Pnest and. after two or three hearings, III
was TO be continued Nov. 10. 1872. Tbs was on
Monday aud two days previously King boosted that no
carried seyen-shOOtoT aud that blood would DO shed
The District Attorney here reoed the circumstances
OF the murder on tho staircase The plea OF iasaanV'
ne said would nterposed the part OF the defense
aud the jury must distinguish between semi uneooous
nesshe result OF indulgence IN violent passions
real insanity When plea OF insanity Is falsely put up
with tho object OF existing tho ~ mpathy ol tno Juy
works ujIry not alone TO the general community. Dus
saallu "A
tried.
Upon tho reassembng OF the Court after recess Judge
sutherland was called the first witness He detaed
bs connection with referee and gave the IN
cdents AZ his office. The evidence OF the deceased.
ONeil before the referee was offered IN evidence, mr.
Beach entered objection IN advance 10 eacn PORTION
OF the testimony OF the deceased "a taken at the refer
ence ana as read by Mr. Lyon and an exception 10 tue
ruling of the Court admitting It, Judge Brady sdlo
the testimony was dumlttou on Iho quoS'ou vi ""'o'
e testimony relates TO the conduct of prisoner
20 his wife He once saw Mrs King with her cress wet
and she told him that King had thrown pau OF water
over her Tue DECEASED also tet'nsd 70 soens p h
wife and that he twice the prisoner beat hcr 20
another occasion lac King throw plate at bis WE
on another Without any provocltlon. King walked
from stoop into the parlor aud struck his VIE vo
oHeIIi' won't YOU speak 10 Mr.. Kingl" The prisoner
ont and struck her. aud drove her on NohS nl,ru
ing O'Nei saw Mrs. King with swollen eyes Tue les
tmony then states that the prisoner used to DehsVo
with extreme want of decency before ms FAMILY .
Judge Sutherland was then crosse kamlhed Dy mi.
Beach as follows King to my office hail an hour
before the reference TO ask about IT. aud Then leIt
recoect distinctly turning around and looking AT Ming
two or times; he there without counsel or
friend; these with him; one WAS there
but tue witness, Mr. Dupignac, and the senOgraphor
fact OF King sitting still on his char for TWO hours
and saying nothing during the reading OF such testi
mony read, made mo look around 10 see
how he took 1t, AS the common saying 49, my recoioc
ton Is that he sat with folded and fixed Ook
saw no change except he leaned little forward
when hearing Us speak about future day Ihen "hcn
the others disappeared no rushed right out and l
heard the reports O'Nelll was agentemaniy looking
Of good appearance quite cool ana selipossesseo
ana he struck educated man did not see him
take out n pocketboOk and photograph my eyes we're
not him all the time do not recOllect taking on
that subject with A. Oakley Hall