The New York herald., 1875-09-02
never known Of conviction for homicide unless proof

never known OF conviction for homicide unless proof
OF death had boen given.
now cUSSISGHAM BEHAVED AFTER THE MURDER.
, MIS- lApham said she was living in the vicinity o.
the parties nj the time the afIray occurred she
called about four O'Clock and saw Mr.. Mccarthy in
suffering condition. she nursed him until he d!ed she
would not say whether he appeared be intoxicated
not Cunningham came to the room acted in very
loud and bosterous manner and she witness) told him
70 ''stop his nOisen and TO leave
Mrs Catherine Peterson, an old lady dressed in deep
mourning, the mother OF Mrs Mccarthy remembered
the occasion when Mccarthy struck and related
the circumstances In detail She affirmed that Mccarthy
was perfectly sober when Cunningham came upstairs
her daughter, he said:-"Mrs Mccarthy If YOU are
widow TO night and your child orphan am the man
who killed your husband" his behavior was very
riOtous, and hc swore all the oaths he could find.
MYSTERIOUS DISCHARGE.
Patrick Coughlin, deputy sheriff. said 1t was his
duty and that OF Michael DAILY prisoners 10 Sing
Sing; was his custom 10 look every morning the
commitments in the Tombs and report 10 the Sheriff
how many men had to be taken up; prisoner Rob-
ert H. Williams disappeared mysteriously; he asked
about him. and Mr. Finn, the clerk at the Tombs said
the commitment had been sent for by the Court and the
man discharged by order OF the Judge; Williams re-
NAMED only few days in the Tombs
Deputy sheriff DAILY corroborated the testimony OF
the previous witness. having also noticed that Williams
was discharged for no apparent reason
James Finn clerk at the Tombs, said the commit
ment of Robert h Williams was carried away by an
ocer Of the and the prisoner discharged by or
der OF the Court; that was all he know.
RECORD.
Mr. Townsend the counsel for the committee read from
the official record of the Court Of General Sessions the
conviction of Robert r. Williams January ii, 1879
for grand larceny in stealing gold watch and Other
goods belonging Hugo Schmetz The record o
the conviction 10 Imprisonment for two years and s
months was erased, and then followed these significant
words-'On motion of Assistant District Attorney Rus
sell the execution of the judgment indefinitely post
poned.n This motion made February a. 1873
and granted by Recorder Hackett.
Several witnesses called but did not appear
An adjournment was then taken until Wednesday morn
ing eleven O'Clock. Thenceiorward the committee
expect TO hold daily sessions.
LYONS EXPLAINS
Assistant District Attorney Lyons called upon,
after the session OF the committee in regard to the
case of Cunningham in which he prosecutor. He
admitted that he offered proof of the death OF
Mccarthy but only for the that all the evidence
showed that Cunningham only acted in self fdefence.
and perfectly justified in striking Mccarthy with the
bottle The assault being justlabe and considered so
by him and Judge Davis who presided the trial,
IL would have been absurd to offer proof of death He
considered his abandonment of this perfectly
proper, and complained bitterly OF uniairness the
part of the committee in not sending for him when he
could have explained the whole transaction to every
body's satisfaction in few minutes
In reference TO the discharge of Williams, Recorder
Hacket and Assistant District Attorney Russell were
sought, but the Recorder is out OF town and Mr Rus
sell lies i'll at his home. This affair remains therefore,
for the present unexplained.