The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-11
TIE BoTTLE HOMICIDE.

on the 3lsI Of March last Mcnael Cunningham.
N bartender in the liquor saloon OF McKenna
Duny, corner Sixth avenue and Forty NTH street,
got into an alteration with Michael Mccarthy,
which ended IN his striking the latter on the
head with BOTTLE producing injuries resulting
death. He was indicted for murder IN the nrst
degree and yesterday was placed on trial In the
Court OF oyer and Terminer, before Judge Davis.
Mr. william F. Howe appeared as his counsel. the
prosecution being conducted by Assistant Dis
strict Attorney Lyons, ana the court room being
crowded.
After brief opening OF the case by Mr.. Lyons
he called his nrst witness Michael Hertzoerg.
He testified that the prisoner struck the deceased
on the back OF the head and neck with bottle;
that the deceased bled copiously and iell down.
and that ne WAS taken 20 the hospital. where he
Bubse quenty died. he stated further that the de-
was called up TO the bar, at which prisoner
was attending as barkeeper, 10 drink, and that
the prisoner refused 10 give him drink, where
upon ne Jumped over tHe bar and helped himself,
rne deceased with d bottle IN MS hand: that the
deceased mad nothing IN MS hand; that the pris-
meek ana head with the bottle; that person
present separated them. and tnat the deceased
rhereupon took up Dowl containing crackers
and nred Il at the prisoner.
On cross-examinauon BY Mr. Howe the witness
stated that lie could not swear that the deceased
had no bottle IN MS hand, and that the prisoner
was discnarGlng his lawful duty behind the bar
when the deceased Jumped over Auu TOOK wrong
dul possession OF a bottle containing liquor.
John Mcdonald. John Johnson and Thomas
smith were next called for the prosecution. from
whom II elected that at the time the prisoner
struck the deceased the fatal blow with The Dot
tie tue latter was approaching Cunningham with
an appraised bottle as II to strike MIN, ana that
Cunnlugha only struck IN tustinaole self-de-
fence. Ii was also proven tnat the deceased was
clearly the aggressor; that he used violent Ian
guage; tnat ne threatened TO Kill Cunningham,
and that the homicide was in every respect ex-
Upon the above state OF facts Mr.. Lyons said he
felt constrained to state that ne could not con
sstently ask the jury for any verdict against the
prisoner.
the learned prosecuting oficer, ana directed the
jury 70 render a verdict OF not guilty. winch they
accordingly aid. whereupen Mr.. Howe asked for
the prisoners discharge, winch was granted. md
he lett the Court amid the congratulations OF MS
numerous friends.
THE WISHART HABEAS CORPUS CASE.
In the Court OF oyer AMI Terminer. before Judge
Davis yesterday, the case or Robert Il. Wishart,
held for extradition on a charge OF forgery, came
up for examination under the writ or hapeas cor
pus granted a few days since the object OF such
writ being 10 eject his release from custody.
wisnart is indicted as Robert H. wisnarr. aliasJ.
Z. Batchelar, AMI the ground OF the application Is
that ne Is not the person named In the indict-
nent. Beng sworn in his own benalf, he testified
rnat he never went by the name OF Batcnelar;
that George T. HIt went BY that name; that he
mad never been In Philadelphia more than i've or
Blk times; that ne never stayed there more than
one night at time: that ne acted as clerk for
Hit, or Batcnclar, but did not learn that nls name
was allt until August last; that upon the dscov-
cry, thinking the TACT suspicious, ne informed Cap
tain Irving OF the detective squad. and that upon
sucn Information Hit wAe arrested. HIS counsel
stated that this Indictment was part aad parcel
q q CONSPIRACY 10 keep Nlsnart rom giving mis-
testimony the United states Court against Hit.
This morning