The New York herald., 1877-10-10
THE COURTS.
A Midnight Brawl That Ended In
COld-BlOoded Murder.
SUPREME COURT, GENERAL TERN, DECISIONS
UnaccountabIe Absence OF the Count in
an important Litigation.
SUPREME COURT, GENERAL TERN, DECISION
TRIAL OF A RAPID TRANSIT SUIT.

Early on the morning OF the 22d Of June q crowd
OF men and women Witnessed painful spectacle at
the corner ofNcw Bowery and Chatham square. ltwas
Arst night brawl between two unfortunate human
beings, known Mary Simmons, alias sPhiladelphia
Mary" and Elizabeth Murray, alias "EngIish La"
and ended In the death of the latter The affair lasted
but n few minutes and wound up with wolul resulls
AS the two parties mentioned, accompanied by .
woman named Maggie Mitchell turned the corner Of
New Bowery and Chatham square, both being under
the influence OF liquor some angry words were
exchanged and without much ado Mary Simmons
sszed tho woman Murray and hurled her to the
ground, jumped upon her and kicked her in manner
which but enraged maniac could sdrpass, ex-
claiming ut the time that she would take the life
Of her adversary. In her drunken frenzy "Philadel-
phia Mary" then lifted the woman's head from The
ground and dashed It against the iron grating over
which she had fallen. The noise OF the scufle had at
height Of the demonscal exhibition none stepped tor
ward TO interfere until Maggie Mitchell rushed 10 the
rescue and by grea. effort dragged The woman nan
now almost helpless woman Murray was
raised 10 her lcst and tottered toward q
saloon In Oliver street, kept by man named Burke.
Here she presented pitiable sight, seemingly nall
aazed, and told her story. Her lie was last eobing
This request was kindly granted; but tho means OF
the poor creature aroused attention. Police Ghi
GERS were sent Tor and came hurrledly to the spot
They found her corpse The post-mortem cxamna-
revealed the fact that she died from extravasaton
OF blood caused by wounds in Inc head. Mary Sim.
mons was promptly arrested, and, on being arragncd
before tho committing magistrate said that she did
remember what had occurred tho night before,
having been incbrated She was indicted by the
Grand Jury tor the hrst dcgree death being
the penalty conviction, and was sent TO the
uomos 70 await her T'a, here e,, sno ,,,nr,v D,,
fricndless and penniless, became wrctched IN
tho extreme. Her end condition excited tho commits
GRAFTON OF some phianthropic ladies' who occasionally
visit the City Prison TO alleviate tho suerings Of those
confined there. They appealed TO MT william +.
Kntzing defend her aouDtess In the hope OF
lace. Mr.. kin,xing champoned her cause, and when
she was summoned TO the bar Tor rial yesterday be-
tore Judge Sutherland IN Part OF the Court OF Gen.
eral Sessions, by Assistant District Attorney RUSSELL
he appeared us her counsel Tho prisoner, who wept
thing but . iorbdding look. The evidence was very
BRIEF consisting merely OF the testimony OF Charles
IeraSn M anG .ne woman Maggls an muo w.. ~
tne foregoing facts and the Tor the prosecution
closed Mr. kintzng tnen intinated that nc would not
place tho prisoner on the witness stand nasmuch as
she could add nothing TO tho statement she had made
before the magstrate-namcly, that she was intoxi-
Gated at the OF the aud could not re-
member any details. Counsel then made an appeal
behalf Of the accused, and urged that The Court
and Jury might take u merc u view OF the case ana
Ind the lowest degree Of manslsughter considering
ull the elements Of the case. In charging
the jury Judge Sutherland observed that while he sat
pleas In homicide cases the responsibility Of de-
termining the degree OF quit must rest with tho
jury In this case the cviGence tcndeu 10 snow,
however, that there was no presentation
take life II they regarded the Expression
Of the prisoner nero slang. Whether tnat would
warrant the jury In nndipg verdict OF murder IN the
second de2ree It was for them to determine. Then,
agan, there deadly weapon used; but II must
be borne in mind that tho deccased when alive, was
just much entitled to the protection OF tue lava
tho most virtuous woman IN the world. The jury
promptly found the prisoner guilty or manslaughter
in The fourth degree. Upon the OF this
verdict the prisoners face lighted up with Joy
while the tears came streaming down her face.
Judge Sutherland sentenced her " the extreme
penalty prescribed by lawtwo years In the Pcntcn-
tiary. Having expressed gratitude Tor her happy
delivorance from the late she had looked forward
she went away TO serve her term.