The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-29
GENERAL SESSIONS-PART 2.
Before Judge Sutherland
ALLEGED HOMICIDE

ALLEGED dOMlClDE.
John Spielman, butcher, thirty.sx years OF age,
residing at lo6th street. between First ana Second
avenues yesterday arragned at the bar by ASSIST.
ant District Atornsy Herring, charged with having
the 10Th Of September, 1876 killed Caleb De Los Weeks
The prisoner detended by Messrs. William +.
Kinizns and Otto Horwitz In opening the Mr..
Herring proceeded to set forth the facts which the
prosecution expected to establish. Ho sad that the
prisoner, with OF his friends, lager beer
saloon Ia Third avenue, between 10th aud 105th
streets, between and eleven O'Clock on the night
In question. Later on Weeks entered the prem
named william Croft After Indnlsng in some re.
frcshmens IL proposed by oil the party TO
play game OF cards for The drinks. Moore aud the
prisoner thereupon commenced the game. party
named Bauniann, friend Of spicman, the prisoner.
made some remark in German to which tho deceased
took exception on the ground that incy all spoke En-.
lish that that should be the language used Angry
words cnsued, and, Us the prosecution alleged The
prisoner became excited and rushed toward Weeks.
Efforts made by Moore 10 separate thcn, who
finally succeeded in ge,t'ng spelman INTO mo back
room. whore jostling TOOK place. Moore Toll down
to the place where Weeks standing and In ticted
esss STAY 10 d mounds upon nm, rom inc ELECTS
Matthew Moore was called rs a witness. and testified
that be separated Spclman twice from Weeks. That
Spciman then drew knife, on seeing which he wit
ness) hustled him into the back and endcavored
to wrcst tho KNIFE from him. While thus engaged,
him stairs; TINT while falling caught hold
Of u portion OF tho bannsler, which gave way. and
thal on returning 70 inc Saloon no saw Splelman
plunge the knife several times into tho
person OF Weeks, aud that he then used
The piece OF stick upon Spiclman IN
order make him dcssI The witness further testi-
lied that tho German party, consisting OF Spielman.
Fries and Baumann then rushed from tho saloon, anu
the attention Of the polco having been called to tho
ARRAY. the prisoner arrested and subsequently
identified by the deceased as the who had stabbed
HIM. Tho witness was subjected TO . worry searching
examination by Mr.. kntzing TO his anteccdents ana
TO how he had obtained the soubrIquct OF "Rocky
Moore.' william Croft was the next wines produced
the part Of the prosecution. and 10 great extent
corroborated the testimony OF the prc.ed-
ing witness. He said that tho deceased was
sober at tho time or tho occurrence. ON the
part Of the defence, John Muncschan, the keeper OF
the saloon. was examined by MI Knitting, who also
produced number OF witnesses as TO the prisoners
good character. Ito testified that Weeks on hearing
Baumann speaking German became offended ap struck
him across the nose with umbrella, aud that sub
scqucntly Spiolman was knocked down ana was
pounded and beaten severely by WccSs much 50
that tbey had 10 drag Weeks from him. and that Spiel
and Fries ihcn fed from the saloon pursued by
Moore; he did not knife used upon the occasou.
boy named Sicglried Ebcn testified 10 having seen
Moore strike the prisoner several times with u stick
outside OF saloon The further hearing OF tho case
Will be resumed to-day