The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-20

COURT OF OYER AND TERMISER-TRIAI. OF MRS.
MRRR1oAN FOR TIE MURDER OF MARGARET
HAMAtnL-THE CASE REoPESED By THE
PROSECUTION
Before Judges Pratt. wolfert and VOORHEES,.
Yesterday mornlng tae trial Of Mrs. Saran c.
Merrigan, for the alleged murder or Margaret
Hammill was resumed In the Kings County Court
OF oyer ana TermIner. aud, owing 70 the interest
Ielt In the decis on on the motion OF Assistant
District Attorney Moore for the reopening or ihe
case TO allow the Introduction OF additional evI-
dence for the prosecution. q large number or
lawyers were In attendance. The prisoner, ac-
companied by her husband. motner and daughter,
sat near her counsel, General Tracy and Patrlck
Ready. Upon the opening Of the Court Judge
Pratt inquired Il the COUNSEL FOR tae defence de-
sired to DC heard further on the question OF re.
opening the case
General Tracy replied in the Affirmative, ana
cited rom Whesler's Criminal Law the case OF The
People vs. Demmot. where the Court decided
against tae prosecution Unc ing lurther testl.
nony, on the ground that there must be q rule,
ana lt must be enforced, no matter no " impor.
tant the testimony. Counsel argued that the
prosecution, ia fact. desired to introduce a new
case ana contradlct their own Witnessed They
did not desire 10 come IN and confirm their case
as made out, or 70 supply technical detect, but
70 overthrow ineir own testimony by calling wit.
ne,ses whose attendance had not ueen deemed
necessary. He Submitted tnat sucn a proposition
was never heard OF beore in O capital case. In a
civil case, NEere so lie technical mater nad been
overlooked, as, Tor instance, tAe proc OF boat
charte,. such proceeding Inight DO allowed out
DOT 10 make Oat a new Case GA fresh testimony,
The Assistant Distinct torneJ sald mat ia the
case Of tee People ". Demott tue counse nad
proceeded 10 sual up. ADD ;ueD the Judge refused
70 e0pcn tbs case. Tue testimony " all Tue
Witnesses. with the exception VI MIS- klpp, went
10 show mat AIRS. meTrigan was alone with her
itleud. ne point was merely tecnnic4l Que,
snd granting IL would oe encouraging justice,
espeei5lly wAen y Was within tue discretion OF
the Court.
General Tracy said he did NOT coneede tnat the
matler was within The discretion OF Lne Court,
Alter ut. core naa citoa me law upon rive CUES.
tion OF discrefon General rrecy asserted that
the evdence Tor tue prosecution Tell lar snort OF
sired the case 10 ~ the jury az IL stood.
Judge trAtt SAID the view VI ne court was that
The question Was purely uIScrouonary. 1ney
thou1nt the teslmony snoulo be admitted. A case
Or sucn importance .nUplu DC tIts0 ~ irs merits
And they were OF the opnon thct tney could not
40 otherwise tnau admit the testimony.
General iracJ SAID tnat the actlvn = the Court
placed me defence IA 9 very embarrassing post
u SUN 10 fhey were mt with il new ease, upon
new evidence, FOR WHOM tnsy had made no ITepa.
ASSISTANT Distiict Attorney Moore replied that
IL did not adect the defence, when was tne sane
o. on Tue previous lfiaL ~ showu w tneir cross
EXAMINATION Ol witaesses Wha mad bsen on he
stanu auo the pfeseuce ~ court OF wItut ases VINO
kAd KeAlLleu W tue lLhaulky " tu9 hgCNSou.
General tracy t1en 00i -cieG formally 10 the re.
opening oil the case INA toOk on exception 10 tue
TulisR VI Tue Guur..
lne case Tor ins people was reepenea, and
Edward dart. Oh NJ, $40 ulnnd street. WAS called
a. me nrss witness. lie tesunea that he was Il
stair unhder oy tiHde; James Me Iiaan wOrged
iOr witness IN september, lS13; De was at Work
On thc morning VI We 10 vf That month.
General Tracy objected to any testimony which
would cOntfaulct aay OF tn other Witnesses FOR
the pi osecuu0n, claiming mat they uUw offered
eVlGenCe 20 dispfVVe t0at Of Mrs. kpp Ia regard
10 The lregcnce of Nj. MerriQan IN ma huuse On
The afternoon Oi September =. he Claimed that
there Wus surprise and was prepared TO show
tAat the testimony Was not introduced 0eIore
AR. Moore said that un the Urst trlni tie de.
iendan testified that he only pcrBon Ia the house