The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-14
THE COURTS.
Second Day Of the Murray-ConnortOn
Homicide Trial.
The Case for the Prosecution
Closed.
Verdict Rendered Against an In
surance Company.
A LAWYER DISCARDED

A LAWYER DISCARDED
The suit OF Messrs. Harnett and Flanagan
against Andrew j. Garvey for SO, 1872 so Tor pro-
fessional services the particulars of which have
been given in the HERALD, was concluded yester-
day before Judge Sedgwick, or the Superior Court.
The jury rendered a verdict for $l,692 so for the
plaintiffs.
In Supreme Court, Chambers, yesterday, Judge
Donohue appointed Edward l.. Donnely, Ambrose
r. Ely and william j. Osborne Commissioners to
condemn property required In Dover street for the
Brooklyn Bridge. 1t is also lett to the Commits
sioners to make the estimates and awards for the
property taken.
Anna Kade some time since got divorce from
her husband. and he shortly after bought some
property, which he sold 10 Max LamDer Mrs.
Kade brought suit to recover her dover interest
in the property, and Judge Van Worst, before
whom the case was tried, decided yesterday that
the decree OF divorce severed the marriage con-
tract, and no such contract being In existence at
the tine the property was bought the right OF
dover could not a tach thereto.
Some time ago John Brennan was robbed OF
$24,3C0 worth OF watches and Jewelry in PhiadeL
phia. portion OF the stolen property, 1t Is
claimed, had been traced to the possession OF
Herman Goodsten and suit was commenced In
the Supreme Court Dy Brennan to recover the full
value OF the stolen property from Goodstein The
trial began yesterday, before Judge Van Worst,
and VIII probably last two or three days.
THE MURRAY CONNERTON HOMICIDE.
The trial OF George W. Murray Tor the murder OF
John Connerton, ON the 21st OF last November, at
the corner OF washington and Charles street, by
striking him on the head with cart rung, was
resumed yesterday in the Court OF Oyer and Ter
hafor JnIc Thnra uunc q loruo
crowd in attendance. The prisoner sat by Mr.
Charles W. Brooke his counsel, looking calm and
unconcerned as on the opening OF the trial. Dis
trict Attorney Phelps conducted the prosecution.
The testimony for the prosecution opened by
calling Deputy Coroner Marsh. He explained the
cause of deceased's death, which he attributed to
the effects OF a blow on the head, racturIng the
skull and producing compression OF the BRAN and
death.
John H. Applegate and Mary Dwight were ex-
light on the case.
Mary Neymeyer, living at No. 1!2 Perry street.
testified that she went to GibbOns' saloon on the
night oil the homicide for some beer; as she
passed IN she met two or three men coming out;
she saw Billy Pertan ana Martin Joyce IN tne
Joyce also went our, but by the side door, the
front door beng closed; on going out she saw
man lying on the sidewalk; about two ieet from
the man sue saw another man standing, having q
cart rung in his hand the man put down the car
rung and ran away; she could not swear that the
prisoner was the man with the cart rung.
Cross examloed-She never told any one thar
Pertain was the man who had the cart rung; her
husband never told her not 10 say anything
against Pertain, as he was bad man.
Martin Joyce. wno since the homicide has been
confined IN the House of Detention as a witness,
was next called. He testified that he lived at No.
1s ne s uay IN
saloon Billy Pertain went in with him; in the sa-
loon there were four or five men disputlng about
nationality and the 'ongsnoremen's strike their
load talk WOKE up Murray. who went out; the
other men lett, and he shortly alter heard scufle
mt tD MI hn Hlpuh m Ill ha aff a
saloon with Billy Pertain, and, after drinking at
the corner OF CHARLES and Greenwich streets,
Hudson streets. and had several drinks; Murray
soon came in Billy Perkins said, MURRAY, think
CrOss-examInation-He mad been arrested ten
or twelve times, principally for assault and bat
q. Were you not arrested Tor beating your
motherY A. 40, sir Indignantly; put have
q. Have you ever been arrested Tor Etealing2
A. Well, yes, or stealing lead pipe.
z. Did you ever steal barrel OF hour? A. NO,
Mr.. Phelps-Did you ever steal steamer from
the Atlantic DocE2 (Laughter)
steamer mad not the advantage OF being too
cumber. ome Tor HIM to take away (Renewed
in mis- lurther cross-examinatton witness con-
fessed to having been sent two or three times 10 the
Penitentiary on BlacKwelp5 Island.
Michael Mullen, night Waterman on the Atlantic
Dock, corroboraied in the main the story OIL the
After MN was called W. Pertain. He was IN
Gibbons saloon on the night COnnertOn was
killed; he heard the dispute IN the saloon on the
'longshoremen's strike; the men went out and
he looked out through the blind and saw four men
scufllng; he then went out; two men ran away;
Murray took cart rung from cart and struck
into the saloon and told Gibbons Il believe Murray
has killed one of those men =; Gibbons SAID, If that
Is so think 1t about time to shut up snop"
The witness was subjected TO long and search.
ing cross-eXamlnation, but clicting no new Iacts.
The Court then took recess.
Alter recess 0nicer O'Niel testified to having
gone TO Murrays house on the night OF the 22d
OF November ne was accompanied by Pertain;
at the house they were told that Murray was not
there. The or the prosecution was here
closed, and Mr.. Brooke opened for the defence.
Samuel X. Lowden, OF No. $50 Washington street.
was the first witness called by the defence. He
knew the witness Pertain by sight Tor the past
five years; he knew the prisoner since 1858; dur
ing Jnat time his general character has been ex-
cellent.
Walter II. Peepy knew the prisoner for the last
eight years; his general character was very good;
he had an unlimited fund OF humor and was a very
good mimic; he was OF very peaceaDe and ac-
Isaac A. Proper, of No. 154 Perry street, testified
that ne knew William ii. Pertain by sight lor the
ity In the nelghborhood where he lives Is very
bad the witness knew the prisoner Tor the last
twelve years; his character during that time was
very excellent; the witness stated that he had had
a difficulty with the witness Pertain, who had
Threatened to split his skull with cart rung.
William l.: Gerrsh, Jr. James Plnkerton. Asa
Van Horn, Captain Washburne, OF the Twentieth
precinct; Oflcers Ward and Van Arsdale, OF the
Ninth precinct ana George re Peters all ses,ed Ito to
witnesses swore that they knew the witness Per-
tam and that his reputation for veracty was
bad that they would not believe him under oath.
The case was heIe adjourned until to-day.
SUPREME COURT-CIRCUIT-P 2.
SUIT By THE LATE JUDGE BoNNEY's WIDOW.
pa,ora IudUa Van Vorat