The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-19
BROOKLYN COURTS.

COURT OF OYER AND TERNuNER-rHIRD DAY OF
THE TRIAL OF MRS MERRIGAN FOR THE
MURDER OF MARGARET HAMMnL-CLosE OF
THE TESTIMONY FOR THE PROSECUTION.
The second trial OF Mrs. Sarah q. Merrigan for
the alleged murder OF Margaret Hammi on the
I'd day OF September 1873 In the tenement house
No, 1919 Ninth street, was resumed yesterday
morning in the Kings County Court OF oyer and
Terminer. Mira Merrigan was In court, accom-
panied by her mother and daughter. There was
a large increase In the number OF spectators.
many of the individuals who had regularly attended
the Triton Beecner case seeking variety in trial
for murder, In consequence OF the adjournment OF
the scandal suit.
Maria Callahan, q resident OF East Tenth street,
New YORK, was the nrst witness sworn. Sne tes-
tiled TO being acquainted with Margaret Hammill
and to seeing her on the afternoon or September
l. 1873; paid ner the sum OF SEQ a. for rent, which
she put In her reticule which she carried at her
side.
Mrs. Mary Grierson swore that in August. 1873,
Miss Hammill lived at No. 2S6 West Forty-elehth
street, the same house occupied by the witness;
last saw her on the I'd or September, 1873; she
went away after lunch aud witness had never seen
her since; on the following Monday some police
officers came TO the house, ana witness showed
them tue rooms formerly occupied by Miss Ham
mill they opened ner trunks aud examined their
contents. witness Identified a set OF jewelry as
that worn by Miss Hammill when she Left tue
mrs Mary J. Bird testified that In september,
ls73 she lived at No. 1873 Ninth street, two doors
from airs. Merrlgan; on Tuesday, september :,
sne saw lady answering 70 the description or
Miss Hammiil pass her house; she carried black
leather her hand aud had little red satchel
fastened TO a belt about ner waist: on tuesday
afternoon, when witness was at ner window, sue
saw that the blinds on AIRS MerriRan's windows
were closed anu tied with cords; heard the noise
OF some one ngntlng, and three screams ike those
OF a woman; IL was almost night when tue wit
ness neard tnls struggle; saw the nre on Thurs
day night; the woman who carried tue black bag
went into the alleyway leading 10 Mrs. herrigan's
Inc Assistant District Attorney rested the case
Tor the people
General Tracy then moved the Court TO direct
an acquittal on the ground of insufficient EVIL
dence. In support OF tue motion he SAID that the
accused was jointly indicted with her husband on
the charge Oh murder and there we're two points
ne desired 10 discuss. Tue question was wnetner
a VIE could De convicted OF q crime Committed
Jointly win her husband when II was geuerany
supposed that when wife acts IN the presence or
her husband sue acts under bis coercion. me
other question was whether the coercion was pre-
suBed 70 extend To aud cover tue crime or muir
der. Tnere were really no decisions IN the books
upon that point. The cases on whcl he based
he exceptions were from elementary writers and
we're cited by Hawkins. Counsel then discussed
ion vas aeneTaily supposed TO bear. Tnefe
were no adJudicated cases where they recognized
any distinction Of grade, and the tendency o. ell
mitted by the wife IN the presence Of tue husband.
After quoting from wharton, section III, counsel
said there was proof that the husDano was
present aud that the vile was mol. General
Tracy then quoted from the testimony oil Mrs.
Kip to snow that Merriaan was assisting his vie
to move the furniture the next day. rue witness
CUe also testified to nearing the noise OF light.
There was also evidence that deceased was q
large, powerful woman, ana that sue was placed
upon the ma before lille became extinct. All
the circumstances OF the case we're against
the theory that the prisoner had committed
the deco, and in favor OF the theory that it was
comm.tteu Ia the presence or tne husband and
that tue voice heard was that OF the vile pleading
for the life oil her rlend several rules Of law APP
pncabe 10 the acts were tnen quoted. wives
were not compelled 70 run away rom or expose
their husbands' crime. Ii they renamed PASSIVE
tuaf were lanogeRL II Ags. AeFraGan MAS