The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-15
The HARLEM MURDER.

THE TRIAL OF THOMAS BATTELL CONCLUDED
FOUND GUILTY OF MURDER IN THE SECOND
DEGREE--THE PRISONER RENAMED FOR
SENTENCE
The trial OF Thomas Battcll for the murder OF
Ann Hammar, at Harlem, in March last
suned yesterday IN the Court OF General Sessions,
Part /, before Recorder Hackctt Tho proceedings
were delayed some time, owing to the absence Of
of the Jurors The court crowded, as on tho
day preceding and the result Of the case was awaited
with interest Assistant District Attorney Russell ap-
pcared for the prosecution, tho prisoner being de-
Tended by Mr. William T. Knitting, by whose side the
prisoner with look OF perfectly solid indifference
It Will be remembered that the prisoner denied gen.
eral terms any completely In the murder, and cx-
planned tho statements he had made in tho presence OF
the police officers by saying he was so bcwIldered at
the time that he would have returned thoughtless
swers 10 any questions put to him. Tho prisoners
wife and number OF friends present In court as
also the Ave children Of the murdered woman, all OF
whom dressed IN deep mourning
THE PRISONER cRoss.ExAMIxED
The prisoner, on cross. examna nation, testified that
the stockings and tho handkerchief found his per-
son marked with blood were unaccountabe to him;
he did not know why he put the clean stockings
pocket. but thought he had put them there in his
hurry leaving the house when he heard the knocking
nj the door by Mrs. Freeman he had his stockings in
his hand; no remembered at least four distinct knock
ings At the door, and then heard Mrs. Freeman say,
10 my God =; he then OF the house. and went
10 the corner OF Tooth street; he then saw woman
and followed her; he did because no thought II
Mrs. Freeman; his reason Tor leaving the house was
that he thought some tramps might have been
IN the house. he did not remember that any priest
in the house when he taken 10 view tho body and
did not rccolect that no told Captain Robbins hc
A. -
any fight with Ryan.
Rev. Hugh Flattcry next examined. lie said
that hc was the house where the homicide
commi,cd he had heard Of H. and asKed II the woman
was dead. and the prisoner answered, Eyes she Is
dead Z; he then went into the room and Mrs Bat
toll aid told her and the prisoner 10 Keep quiet and not
say anything until he bRdc 10 do so tho prisoner
seemed very much disconnected
To Mr. Kintzng--I did not know tho prisoner pre-.
viousy.
then placed on the witness stand In reply TO Mr.
Kntxns she said that the bloody cuffs found In the
that she had seen them before that she had not
made the shirt TO which they had been aiachcs and
that she could not recognize thcm having belonged
to her husband she had made SHIRTS her bus
band she could not have made The cuns question.
TnE PRISONERS CHARACTER
Mr. Mark +. Green muster painter. testified that
the prisoner had worked for him Tor nearly twelve
years he had always regarded his character good
did not know ne was drinking man. The evidence Of
tins witness corroLornicd by his The other
witnesses Who also testified 10 hts good character
Dents logan, Felix h. Fort. John smith, Frederick
skinner, Patrick Martin, James Rogers, Leonard H.
Wells, Joseph Hagar ana LOWS tcncc.
Mr. Kintzins then addressed the jury behalf NJ
tho prisoner, and evidently made impression
those by the sublcty Of his argument and the
coqucpce OF his closing remarks. He rst referred 10
the different theories suggested by the four counts
The Indictment, and demonstrated how utterly futile
evolve from them any rational suppostion the
guilt Of the prisoner There no circumstances 10
show that this crime was committed BY BateiI; not a
particle Of evidence 70 sustain suspicion Of malice
prepcnse. and tho idea OF comprising tho death Of
Mrs Freeman the creation OF fertile Imagination.
Counsel then advertcd 10 the circumstances that
relied upon with most confidence Ny the prosecution
10 support the charges In the Indictment, anu en-
dcavorcd to reconcile them with the innocence OF Bat
tel, and his conversation and excited remarks
made susceptible ~ similar explanation. The bloody
shirt, the cus cut OF and snearcd with blood. and
the stockings stained also with pio3d referred
succession aud, by process OF reasoning that
rather subtle, pictured beng thrown hastily together
BY the real offender ~ order 10 Tx suspicion tue
prisoner, ana from similar motive the cults were
deposited In fis unfortunate clients pocket
while nc was partially intoxicated Each incident that
regarded link In the chain 81 evidence In the
against Battell touched upon bv Mr. kntznG.
In order point such weak IN IL might
render na,missihc, and illustrate the unsafe and
unreliable character OF crcumsianial evidence
bcr cases from phillips work evidence read
.~sr snd "nsnaniSd unnn n sonae Iansth The daani