The New York herald., 1876-10-19
Francis Mcclure on Trial for the Mur-
der Of His Wife.
SAD STORY OF DOMESTIC UNHAPPNESS
Extending the New York Elevated Rail.
road Across the Battery.
Unearthing Musty Maps and
Dusty Deeds.

ond degree was begpn yesterday before Judge suher
land jury obtained the previous day in the Court
OF General Sessions Part l. Assistant District At
torney Bell for the prosecution placed on the stand
two women named Nary Rgney and Mary Aclaush-
lin, who had lived with the prisoner and his wife at
No $50 East Thirty street, and who testified that
early on the morning OF Sunday, tho 18Th OF last
August the accused ordered his wife to arise ami get
breakfast that she refused to do stating that It
earlier than usual that at seven O'Clock she did
arise, and half hour later, having prepared the
meal In question, sat down to 1t with her husband;
they quarreed at the table and thas the husband
left tho house suddenly and did not return till about
nine o'clock IN the evening. When ho then returned,
according TO the further testimony angry words
passed him and hts wife, The latter made
alusion to another woman. and Mcclure retorted,
"If you say that again IN kill YOU. moment later
Mrs. McGuire cried, ''rm stabbed! Help me ~ Upon
examination it found that shc had been stabbed
IN the abdomen with an enormous butchers knife,
which had been lying upon table in the room. The
wound dreadful one and the deceased expired in
lew hours. Immediately upon striking tho fatal
blow the prisoner lott the house. but returned half
hour ster and was found by policeman ransackng
the apartments in search, as is supposed of money
which lie believed his wife had saved. pocketbook
containing $40 picked up by one oil the officers,
upon the door together with two bank books when
arrested by the officers Mcclure declared his
Reilly, and that he was only boarder In the house,
but being taken into custody, admitted his iden
ty, and stated hat he had stabbed his wife because
ihe had aggravated him.
The prisoner defended by Mr. A. Oakcy Hall and
Mr. William f. Knitting, who commended that their
silent had been guilty OF nothing greater than man
daughter in the second degree because the fatal
lad been struck the heat Of passion while under The
influence of liquor, and without Intention OF killing
They placed upon the stand and a sister n-aw
OF the prisoner who on being examined by Mr. kint-
zng testified that tho latter had on tho day in cues
tion called at their respective homes in company with
h~. haIA lNaar
and ale.
AT the close Of the testimony Mr Hall made long
and able address to the jury summing the case and
The being then rather late, the Court adjourned
until ,bs morning. when Mr.. Bell will sum up for the
prosecution.
RAPID TRANSIT AND THE BATTERY.
Among the opponents TO the extension and compile
tion Of the New York Elevated Railroad who pre-
sented themselves to oppose its work last sum-
mer we're Jeremiah v. Spader and the Ninth Ave-
nue. Railway Company. The Ninth avenue company
opposed the work in the interest Of its horses aud Mr.
Spader in the interest Of himself Judge Van Hoesen,
OF the Court Of Common Pleas, decided against the
horses, and now Judge Curtis, Of the Superior Court
is called upon to decide against the The suit il
brought by Mr.. Spader, who resides at No. Bridge
street. equity, to perpstually enJon the New York
Elevated Railway Company from extending ts line
the Battery grounds His right to this form OF
relief the plaintiff bases the grounds that he
purchased the property IN Bridge street IT came TO him
through intermediate conveyance from the city in
which was contained covenant that what was then
the Battery should not be converted to private uses
that defendant the company has no legal authority
build tho road and that the authority given II by the
Park Commissioners is insufficient to authorize the
use Of the Battery grounds for that purpose The
company these claims Of paintf by the alle
CATIONS that the company proposes to the ground
between high and low water mark and below low water
marx which ground ceded to the city under the
Dopgan and Nontgomerie charter; that the TO be
madc Of the ground tor the purpose OF the road Il
public use; that the Commissioners OF Parks had full
authority 10 grant to the road the rights and privileges
which they did grant, without further action on the
part city that the company's right a corpora
ton extend its road II derived from the prov isons
ofthe Rapid Transit act OF 1873 and the proceeding:
act, and clearly lawful and valid. Messrs. John 4.
Parsons and Wheeler H. Peckham appear for Mr..
Spader and Messrs ex-Judgo Emott. A. J. Wander
poel and Edward c. Dslavan for the Elevated Railroad
Company. The evidence introduced yesterday though
wholly documentary was quite interesting Mr. Erwin,
the opening witness, presented OF the old maps
OF the Battery and vicinity, the earliest map bearing
date IT'S Next follows a map OF 1767 and then one
Of 1776a centennial exhibit os one OF the counsel
facetIousy termed It. There also produced the
survey Of O. T. Goerck In 159l together with survey
OF Gerard Bancker giving moro especially the outlines
OF Fort George. A glance at those early maps and
surveys presented a somewhat different from
that presented at the Battery to-day One of the OBJ
jects OF antiquarian researches was TO show the
land that then belonged to the general government
and that vested in the State. In connec-
tion with them also produced from
deeds the rst bearing 1918, of portion OF
the land to the STATE and the second placed
record two later was Of tho residue OF she
crnnent land TO the Stae. Through the unearhng of
these deods II shown that the lot now known
No. Ridge street, owned by Mr.. Spader, was decided
to the state by which i IS claimed y was IN turn
thence decided 10 the parties from whom Mr. Spader
derives his title, with the proviso, as Mr.. Spader
voted 10 private uses. The trial promises TO occupy
several days